bail – Law in regard to grant of bail in non-bailable offences – The Court granting bail should exercise its discretion in a judicious manner and not as a matter of course – Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence – Any order devoid of such reasons would suffer from non-application of mind – It is also necessary for the court granting bail to consider among other circumstances, the following factors also before granting bail; they are,
(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 of the witness or apprehension of threat to the complainant;
(c) Prima facie satisfaction of the Court in support of the charge
read HERE 2004 PLRonline 005
read HERE KALYAN CHANDRA SARKAR v. RAJESH RANJAN @ PAPPU YADAV, 2004 PLRonline 005
