9911796707
TMI Blog2010 (10) TMI 1199X X X X Extracts X X X X X X X X Extracts X X X X ..... well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail. It is manifest that if the High Court does not advert to these relevant cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cedure, 1973 (for short the Code ). 3. The accused is facing trial for an offence punishable under Section 302 of the Indian Penal Code, 1860 (for short IPC ) for allegedly committing the murder of one Ms. Mallika Sen. Respondent No. 2 is the State of West Bengal. 4. Very briefly stated the facts material for the adjudication of this appeal can be stated thus: Ms. Mallika Sen, a 57 years old widow was found strangulated at her residence on 2nd July, 2009. The appellant, who is the brother of the victim, lodged a written complaint at the Rampurhat Police Station, on the basis of which FIR No. 111/09 dated 2nd July, 2009 was registered under Section 302, IPC. It has been alleged that a neighbour of late M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner at this stage. 8. Hence the present appeal by the complainant. 9. Mr. Nagender Rai, learned senior counsel appearing on behalf of the appellant, while assailing the impugned order, contended that the said order being non-speaking, deserves to be set aside in light of the decision of this Court in Masroor v. State of Uttar Pradesh and Anr. (2009) 14 SCC 286. Learned Counsel submitted that the High Court has failed to take into consideration the manner in which a hapless old lady was done to death as also the fact that the accused had been duly identified by an independent witness. 10. Per contra, Mr. Ujjwal Banerjee, learned Counsel appearing for the accused, contended that the case against the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21; Prahlad Singh Bhati v. NCT, Delhi and Anr. (2001) 4 SCC 280; Ram Govind Upadhyay v. Sudarshan Singh and Ors. (2002) 3 SCC 598) 12. It is manifest that if the High Court does not advert to these relevant considerations and mechanically grants bail, the said order would suffer from the vice of non-application of mind, rendering it to be illegal. In Masroor (supra), a Division Bench of this Court, of which one of us (D.K. Jain, J.) was a member, observed as follows: Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided, but there is a need to indicate in such order reasons for prima facie concluding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o cases where earlier bail applications have been rejected there is a further onus on the court to consider the subsequent application for grant of bail by noticing the grounds on which earlier bail applications have been rejected and after such consideration if the court is of the opinion that bail has to be granted then the said court will have to give specific reasons why in spite of such earlier rejection the subsequent application for bail should be granted. (See also: Ram Pratap Yadav v. Mitra Sen Yadav and Anr. (2003) 1 SCC 15) 14. For the foregoing reasons, the appeal is allowed, and the impugned order is set aside. The bail bond and the surety furnished by the accused in terms of the impugned order stands cancelled and it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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