Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Criminal Procedure Code (V of 1898) Ss. 497-Principles governing grant or refusal of bail in criminal matters. Bail, in non-bailable cases, is a matter within the discretion of the Court which is to be exercised with due care and caution on the facts and circumstances of each case. It is important to remember that bail is not to be withheld as a punishment. There is no legal or moral compulsion to confine people in jail merely on the allegation that they have committed Offence punishable with death or transportation unless reasonable grounds appear punishable with death or transportation unless reasonable ground: appear to exist to disclose their complicity in such offences. No doubt in offences punishable with death or transportation for life, bail is not justified if there exist reasonable grounds for believing that the person accused has committed such an offence. The onus, however, is on the prosecution to disclose those reasonable grounds and the Courts have to examine the data available in the case to find out whether such reasonable grounds exist to connect the accused persons with the crime alleged against them. To ascertain as to whether reasonable grounds exist to connect the accused with the crime charged, the report of the police, the nature and credentials of the evidence which the prosecution proposes to lead is the case and all other relevant circumstances surrounding the occurrence are to be looked into. The determination of the point as to whether bail can be allowed to a person accused of an offence punishable with death or transportation for life will depend on the facts of each case. No doubt, it is not for the Courts, at the stage of bail, to evaluate the evi dence in minutes details but they are required to consider as to whether, upon material on record, such grounds for belief exist or not. It is also law that in such cases if the Sessions Judge or the High Court forms an opinion that such reasonable grounds do not appear ; the prayer for bail may be allowed. Whether reasonable grounds exist to connect the accused with the offence charged is a question which must be judicially decided i.e. there should be tangible evidence, offered…