ISSUE:
Whether the Magistrate wrongly granted bail to the accused charged for an offence punishable with death or life imprisonment?
RULE:
Section 437 of the Code of Criminal Procedure stipulates that only the High Court and Sessions Court can grant bail to a person accused of a non-bailable offence. Any other Court can grant bail only if there are no reasonable grounds to believe that the accused has committed the offence.
While granting bail, a Court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the character, behaviour, means and standing of the accused, and similar other considerations.