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Grant and refusal of Bail

Grant and refusal of Bail is a common  question which requires clear understanding .The Hon’ble  Supreme Court in Lt. Col. Prasad Shrikant Purohit v. State of Maharastra, (2018) 11 SCC 458,  has categorically stated that the law with regard to granting or refusal of bail is well settled.

“29. The law in regard to grant or refusal of bail is very well settled. The court granting bail should exercise its discretion in a judicious manner and not as a matter of course. Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non application of mind.

Considerations before granting Bail

The Hon’ble court furthur stated that “it is also necessary for the court granting bail to consider, among other circumstances, the following factors also before granting bail; they are:

  1. a) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence.

(b) Reasonable apprehension of tampering with the witness or apprehension of threat to the complainant.

(c) Prima facie satisfaction of the court in support of the charge.”


It is true that prima facie evidence quite forms the basis of whether bail should be granted or refused. However depending upon the gravity of the offence courts usually consider  granting bail. In cases where the offence is  heinous it is always seen that reasons are given before granting bail.

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