What all factors should be taken into consideration while granting the bail to an accused?
Bail is the rule and committal to jail is the exception. Refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21. When there is a delay in trial, bail should be granted to the accused.
Whether the order of Bombay High Court denying bail to the appellants is justified and in accordance with the law? If not, whether the accused and co-accused should be granted bail?
For an offense of abetting suicide, there must exist a direct or indirect incitement to the commission of a crime; action of the accused of instigating or doing an act facilitating the commission of the crime.
Whether the Bail should have been granted to the accused?
The Court before granting bail in cases involving non-bailable offences particularly where the trial has not yet commenced should take into consideration various matters such as the nature and seriousness of the offence, the character of the evidence, circumstances which are peculiar to the accused not being secured at the trial, reasonable apprehension of witnesses being tampered with the larger interests of the public or the State and similar other considerations. The Court should exercise a greater degree of care in enlarging on bail an accused who is charged with the offence punishable under Section 3 of the Official Secrets Act when it relates to military matters.
Whether the protection granted to a person under Section 438 Code Of Criminal Procedure 1973 should be limited to a fixed period to enable the person to surrender before the Trial Court and seek regular bail?
Whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court?
Section 437 and 438 of the CrPC.