Sanghian Pandian Rajkumar Vs. Central Bureau of Investigation & Anr.
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Head Note
Indian Penal Code,1860 - Section 302 , Section 364 , Section 365 , Section 368 , Section 193 , Section 197 , Section 342 , Section 420 , Section 384 , Section 201 , Section 34 , The Arms Act,1959 - Section 25 (1) , Section 27 , The Code of Criminal Procedure, 1973 - Section 437 , Section 439
Grant of bail in non-bailable offences - Its discretion in a judicious manner and not as a matter of course. Though, for grant of bail, detailed examination of evidence and elaborate discussion on merits of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie conclusion why bail was being granted, particularly, when the accused is charged of having committed a serious offence. Amongst other circumstances of the case, the following factors are required to be considered by the court before granting bail:
"(a) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence.
(b) Reasonable apprehension of tampering with the witness or apprehension of threat to the complainant.
(c) Prima facie satisfaction of the court in support of the charge."
Topic(s)-Bail – Murder - Granted