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Home Criminal CrPC

CrPC S. 439 – Bail – Consideration – Court while deciding an application for bail, should refrain from evaluating or undertaking a detailed assessment of evidence, as the same is not a relevant consideration at the threshold stage

by Punjab Law Reporter
April 21, 2022
in CrPC
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CrPC S. 439 – Bail – Consideration – Court while deciding an application for bail, should refrain from evaluating or undertaking a detailed assessment of evidence, as the same is not a relevant consideration at the threshold stage –  While a Court may examine prima facie issues, including any reasonable grounds whether the accused committed an offence or the severity of the offence itself, an extensive consideration of merits which has the potential to prejudice either the case of the prosecution or the defence, is undesirable.

2022 SCeJ 0467

Tags: Bail - considerationsBail - Judicial reasoningCrPC S. 439
Previous Post

CrPC S. 439 – High Court or the Sessions Court must grant bail after the application of a judicial mind, following well-established principles, and not in a cryptic or mechanical manner

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MVA S. 163-A – Dependency has no relevance in an application filed under Section 163 A of Act, 1988.

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NDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]

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