ISSUE:
Whether High Court was right in granting bail to respondent when he was served with serious charged under S.3 of Indian Official Secrets Act, 1923?
Whether the evidence indicate satisfaction upon respondent’s case under the Indian Official Secrets Act., 1923?
RULE:
Bail must consider the gravity of offense, potential punishments of the offense and the role of accused to deal with larger public.
S.3 of Indian Official Secrets Act deals with national security and interests of state carrying a maximum penalty of 14 years imprisonment.
Courts while considering an offence to be bailable must see the seriousness of the offence, the likelihood of offense to be tampered, status of one accused with co-accused and interests of justice with public security.