Pre - arrest bail , grant of - Grounds - Paramount factors which require consideration while granting pre - arrest bail are whether the arrest will cause humiliation and / or unwarranted persecution or harassment to the applicant for some ulterior motives ; or that the prosecution is motivated by malice to perpetrate irreparable injury to the reputation and liberty of the accused .
SALMAN MUSHTAQ and others versus The STATE through P.G. Punjab and another
Criminal Petitions Nos . 1121 and 1128 of 2023.
2024 S C M R 14
Pre - arrest and post - arrest bail - Gravity of the offence --- While considering the grounds agitated for enlargement on bail , whether pre - arrest or post arrest , the atrociousness , viciousness and / or gravity of the offence are not , by themselves , sufficient for the rejection of bail where the nature of the evidence produced in support of the indictment creates some doubt as to the veracity of the prosecution case .
Bail --- Expression " reasonable grounds " as contained under section 497 , Cr.P.C .-- Scope - Said expression obligates the prosecution to unveil sufficient material or evidence to divulge that the accused has committed an offence falling within the prohibitory clause of section 497 , Cr.P.C .-- However , for seeking the concession of bail , the accused person has to show that the evidence collected against him during the investigation gives rise to clear - headed suspicions regarding his involvement --- While deciding bail applications , it is the elementary duty of the courts to apply a judicious mind tentatively to reach a just and proper conclusion on whether reasonable grounds are made out to enlarge the accused on bail - Axiom ' reasonable grounds ' connotes and associates those grounds that are legally acceptable and based on reasons that attract the judicial mind , as opposed to being imaginative , fallacious and / or presumptuous .
0 Comments