Law:

Section:

(a) Bail-------Object of---Right to security of person---Detention of accused in custody pending trial---Refusal of bail on ground of previous conduct of accused---Effect---Object of bail was to secure the appearance of the accused person at his trial by reasonable amount of bail---Object of bail was neither punitive nor preventative---Deprivation of liberty must be considered a punishment, unless it could be required to ensure that an accused person would stand his trial when called upon---Court owed more than verbal respect to the principle that punishment began after conviction, and that every man was deemed to be innocent until duly tried and duly found guilty---Detention in custody pending completion of trial could be a cause of great hardship, therefore, it would be quite contrary to the concept of personal liberty that any person should be punished in respect of any matter, upon which, he had not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he would tamper with the witnesses if left at liberty, save in the most extraordinary circumstances---Any imprisonment before conviction had a substantial punitive content and it would be improper for any court to refuse bail as a mark of disapproval of former conduct whether the accused had been convicted for it or not or to refuse bail to an un-convicted person for the purpose of giving him a taste of imprisonment as a lesson. Gudikanti Narasimhulu v. Public Prosecutor (1978) 1 SCC 240 : (AIR 1978 SC 429); Babu Singh v. State of U.P. (1978) 1 SCC 579 : (AIR 1978 SC 527); Moti Ram v. State of M.P. (1978) 4 SCC 47 : (AIR 1978 SC 1594); Vaman Narain Ghiya v. State of Rajasthan (2009) 2 SCC 281 : (AIR 2009 SC 1362); Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694 : (AIR 2011 SC 312); Prahlad Singh Bhati v. NCT, Delhi (2001) 4 SCC 280 : (AIR 2001 SC 1444) and State of U.P. v. Amarmani Tripathi (2005) 8 SCC 21 : (AIR 2005 SC 3490) ref. (b) Bail--- ----Grant/refusal of---Considerations---Seriousness of the charge---Scope---Punishment likely to be imposed on the accused---Scope---Seriousness of the charge was one of the relevant…

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