ISSUE:
Whether or not a bail can be granted to the accused at the pre-trial stage or post-conviction stage by statutory appeal?
RULE:
The vital considerations are :-(a) The nature of charge, the nature of the evidence and, the punishment to which the party may be liable, if convicted, or conviction is confirmed. When the crime charged is of the highest magnitude and the punishment of it assigned by law is of extreme severity, the court may reasonably presume, some evidence warranting that no amount of bail would secure the presence of the convict at the stage of judgment, should he be enlarged; (b) whether the cause of justice would be thwarted by him who seeks the benignant jurisdiction of the court to be freed for the time being (c) Antecedents of the man and socio-geographical circumstances; and whether the petitoner's record shows him to be a habitual offender; (d) when a person, charged with a grave offence has been acquitted at a stage, the intermediate acquittal has pertinence to a bail plea when the appeal before this court pends. The ground for denial of provisional release, becomes weaker when a fair finding of innocence has been recorded by one court; (e) Whether the accused's safety may be more in prison than in the vengeful village where feuds have provoked the violent offence and (f) the period in prison already spent and the prospect of delay in the appeal being heard and disposed of.