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TMI Blog2021 (2) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 merits of the case need not be undertaken, there is need to indicate in such orders reasons for prima facie concluding whey bail was being granted, particularly, where the accused is charged of having committed serious offence. In the given facts, accused persons are languishing in jail since 19.11.2020 and there is substantial change in circumstances as investigation has been completed and the Department has filed complaint. The trial would going to take long time in the given circumstances and in these circumstances, the further incarceration of the accused would serve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail application was dismissed on 22.11.2020 on the ground that investigation was then at a very crucial stage. Further statutory bail application moved u/s 167 sub clause 2 Cr.P.C. was dismissed as complained preceded the said application. it is submitted that now the Investigation has been completed and the entire evidence is in custody of the department, the custody of the applicants is no longer required by the Department. It is submitted that trial would take long time and applicants pass the tripod test as they are not flight risk or they can tamper with the evidence or influence witnesses. It is submitted that applicants have not been interrogated once since 22.11.2020. It is submitted that applicants have been cooperative throughou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reat to the complainant. c) Prima facie satisfaction of the court in support with the charge. In addition to the same, the court while considering a petition for grant of bail in a non bailable offence apart from the seriousness of the offence, likelihood of the accused fleeing from the justice and tampering with the prosecution witness, have to be noted. In Anil Mahajan Vs. Commissioner of Customs: (2000) 84 DLT 854 it was held that there is no hard and fast rule and no inflexible principle governing the exercise of such discretion by the Courts. There cannot be an inexorable formula in the matter of granting bail. The facts and circumstances of each case will govern the exercise of judicial discretion in granting of refusing bail. The ans ..... X X X X Extracts X X X X X X X X Extracts X X X X
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