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Issues Involved: Bail application after acquittal by High Court, considerations for granting bail, nature of offense, petitioner's background and social circumstances, conditions for bail.
In the judgment delivered by KRISHNA IYER, J., the petitioner sought bail after surrendering following the State's appeal against acquittal by the High Court. The Court emphasized the general principle that bail should be preferred over jail, except in cases indicating a risk of fleeing from justice, obstructing justice, or engaging in further criminal activities. Factors such as the seriousness of the offense and the petitioner's criminal record are crucial in determining bail. Despite the gravity of the offense, the petitioner had been on bail during the trial and did not misuse the court's trust. His social standing and family responsibilities also supported his plea for bail. To address any concerns of evasion, the Court ordered the petitioner to report to the police station fortnightly. The petitioner was granted bail upon executing a bond with one surety for Rs. 5,000 to the satisfaction of the Additional District & Sessions Judge, Baren. The Court acknowledged the traditional practice of pecuniary bail but suggested a reevaluation of this system in favor of more socially relevant alternatives, such as undertakings by the petitioner's relatives or affiliated organizations. Despite this suggestion, in the present case, the Court adhered to the monetary surety requirement and directed the provision of one surety for Rs. 5,000. The application for intervention was allowed, and bail was granted to the petitioner.
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