Bail:
Grant of bail-In a case u/s.302 & 308 r/w s.34 IPC-Propriety
of- Held: While considering question of grant of bail, it is necessary c
to consider prima facie case, an exhaustive exploration of the merits
should be avoided - There is no hard and fast rule for grant or
reprisal of bail - Each case is required to be considered on its own merit - Jn the present case, Sessions Court seems lo have gone into
the merits of the prosecution case, while granting bail - In crimes
0
like murder; the period of incarceration by itself would not entitle
the accused to be enlarged on bail - The materials on record show
'prima facie' case against the accused- Sessions court granted bail
on irrelevant considerations - Trial court is yet to record the
testimony of material witnesses - For ensuring fair trial, it is
necessary that accused are not enlarged on bail - Though liberty of the accused is a relevant consideration as he is only an under
trial, it is equally important to consider the impact of their release
on bail - A balance has to be struck, in order to ensure that during
trial witnesses depose without fear and justice is done to the society
- High Court rightly cancelled the bail granted by Sessions Court. Grant of bail - Interference with - By High Court -
Permissibly - Held: Sessions Court grants bail in exercise of its
discretion - Such discretion normally not be interfered with by High
court - But can interfere, if the bail order suffers from serious
infirmities or perversity. Practice and Procedure:
Framing of charges and grant of bail - By common order -
Propriety of such practice - Held: Considerations for framing of
charge and for grant of bail are different - Therefore, such practice
is not desirable.