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Monday, November 8, 2010

Guidelines to be followed while granding bail U/s 439 of Cr.P.C

IN THE SUPREME COURT OF INDIA

                 CRIMINAL APPELLATE JURISDICTION

              CRIMINAL APPEAL NO. 2086 OF 2010
              (Arising out of S.L.P. (Crl.) No.4590 of 2010)
dated 29.10.2010

PRASANTA KUMAR SARKAR                           --    APPELLANT (S)

                                VERSUS

ASHIS CHATTERJEE & ANR.                        --     RESPONDENT (S)

JUDGMENT byD.K. JAIN, J.:
………………………………………………..It is well settled that, among other
circumstances, the factors to be borne in mind while considering an
application for bail are: (i) whether there is any prima facie or
reasonable ground to believe that the accused had committed the
 offence; (ii) nature and gravity of the accusation; (iii) severity of the
punishment in the event of conviction; (iv) danger of the accused
absconding or fleeing, if released on bail; (v) character, behaviour,
means, position and standing of the accused; (vi) likelihood of the
offence being repeated; (vii) reasonable apprehension of the witnesses
being influenced; and (viii) danger, of course, of justice being
thwarted by grant of bail.

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