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Issues Involved:
1. Consideration of bail application after previous rejection. 2. Factors influencing the grant of bail. 3. Judicial discretion in bail matters. 4. Constitutional perspective on personal liberty and bail. 5. Conditions for granting bail. Summary: 1. Consideration of Bail Application After Previous Rejection: The petitioners moved for bail after their initial application was rejected by the Supreme Court on September 7, 1977. The Court clarified that an order refusing bail does not preclude a subsequent application if new materials or developments arise. The Court entertained the application, evaluating the merits pro and con. 2. Factors Influencing the Grant of Bail: The petitioners were charged with murder u/s 302 IPC and were acquitted by the Sessions Court but convicted by the High Court, which sentenced them to life imprisonment. The petitioners had been free during the appeal's pendency and had not exhibited any conduct disturbing public peace. The Court noted the importance of "speedy justice" as a component of social justice, emphasizing that prolonged incarceration without trial is detrimental. 3. Judicial Discretion in Bail Matters: The Court discussed the concept of judicial discretion, emphasizing that it must be exercised based on established principles of law, not arbitrarily. The discretion should be informed by tradition, methodized by analogy, disciplined by system, and subordinated to the necessity of order in social life. 4. Constitutional Perspective on Personal Liberty and Bail: The Court highlighted that personal liberty is a fundamental right u/s 21 of the Constitution, and its deprivation must be reasonable and in accordance with "procedure established by law." The Court stressed that bail should not be withheld as punishment but to ensure the accused's presence at trial. The Court also noted the significance of community roots and the public expense of keeping individuals in custody. 5. Conditions for Granting Bail: The Court granted bail to the petitioners, subject to conditions to prevent factional violence. The petitioners were required to provide a recognizance of Rs. 5,000 each with one surety in a like sum. They were also restricted from entering Bharaiyam village and had to report to the Tandiawan Police Station once every week. The Sub-Inspector of the concerned police station was directed to ensure compliance with these conditions. The prosecution was given the liberty to move for cancellation of bail in case of any breach. Conclusion: The Supreme Court granted bail to the petitioners with specific conditions to ensure public safety and compliance, emphasizing the importance of judicial discretion and constitutional rights in bail matters.
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