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Issues Involved:
1. Judicial discretion in granting bail. 2. Criteria for granting or refusing bail. 3. Consideration of personal liberty under Art. 21. 4. Conditions for bail to ensure public safety and justice. Summary: 1. Judicial Discretion in Granting Bail: The judgment discusses the blurred area of judicial discretion in the context of bail, emphasizing that personal liberty, recognized under Art. 21, is a precious value in the constitutional system. The court must exercise this discretion judicially, with concern for both the individual and the community. The judgment quotes Benjamin Cardozo and Lord Camden to highlight the need for discretion to be guided by law and not be arbitrary or capricious. 2. Criteria for Granting or Refusing Bail: The judgment outlines the relevant criteria for granting or refusing bail, including the nature of the accusation, the evidence supporting the accusation, the severity of the punishment, and whether the sureties are independent. It stresses that bail should not be withheld as a punishment but to ensure the attendance of the accused at trial. The judgment references Lord Russel and Archbold to support these criteria. 3. Consideration of Personal Liberty under Art. 21: The judgment underscores the significance of Art. 21, which makes the deprivation of liberty a matter of grave concern, permissible only when the law authorizing it is reasonable and geared to community good and State necessity. The judgment emphasizes that refusal of bail should not be for punitive purposes but for the interests of justice to the individual and society. 4. Conditions for Bail to Ensure Public Safety and Justice: The judgment discusses the need for conditions to be attached to bail orders to protect public safety and justice. It highlights that conditions should not cripple but protect, and that the antecedents of the accused and socio-geographical circumstances should be considered. The judgment also mentions the possibility of parole under controlled conditions as a flexible approach. Application to the Present Case: The judgment concludes that the petitioners should be enlarged on bail, considering they have been acquitted at the trial court, have not abused their bail during the trial and appeal, and have already suffered around a year of imprisonment. The petitioners are to be released on their own bond with conditions to keep out of the village except for one day a week, report to the police, and optionally attend a therapeutic center for psychic reformation. The petition is allowed accordingly.
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