9911796707
TMI Blog2002 (3) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... rotection can be made available to the deserving ones only since the term protection cannot by itself be termed to be absolute in any and every situation but stand qualified depending upon the exigencies of the situation. It is on his perspective that in the event of there being committal of a heinous crime it is the society that needs a protection from these elements since the latter are having the capability of spreading a reign of terror so as to disrupt the life and the tranquility of the people in the society. The protection thus to be allowed upon proper circumspection depending upon the fact situation of the matter. It is in this context the observations of this court in Shahzad Hasan Khan v. Ishtiaq Hasan Khan and Anr. 1987CriLJ1872 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etionary order - but, however, calls for exercise of such a discretion in a judicious manner and not as a matter of course. Order for Bail bereft of any cogent reason cannot be sustained. Needless to record, however, that the grant of bail is dependent upon the contextual facts of the matter being dealt with by the Court and facts however do always vary from case to case. While placement of the accused in the society, though may be considered but that by itself cannot be a guiding factor in the matter of grant of bail and the same should and ought always be coupled with other circumstances warranting the grant of bail. The nature of the offence is one of the basic consideration for the grant of bail - more heinous is a crime, the greater is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to the factual score, it is stated that the appellants' brother, one Amar Nath Upadhyay (since deceased),was a candidate contesting the election for the post of Pradhan in Budhepur Gram Panchayat along with one Ravindra Nath Singh. While the polling was in progress on 23rd June, 2000, there were said to be some scuffles which resulted in the obstruction of polling process thrice by booth so-called jamming/booth capturing resulting in forcible taking up of ballot papers from the voters and said to be casting the same in favour of one particular candidate. 7. It has been stated that as and when informant came to the booth in order to cast his vote, there was stated to be definite obstruction and resultantly a hue and cry and thus alle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so submitted the charge-sheet before the Chief Judicial Magistrate but no committal has taken place as yet, since the co-accused how had been granted bail, were not attending the Court of Chief Judicial Magistrate by reason where for bailable warrants against them were issued and it is only thereafter that the accused persons appeared before the Sessions Judge. The two petition for bail as noticed above, by Sudarshan Singh and Kaushal Singh came up for hearing before the High Court on 3rdMay, 2001, whereupon the bail was granted to both the accused persons and thus the application for cancellation of bail which however, resulted in an order of rejection and hence the appeals before this Court. 8. While it is true that availability of over- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to be used shall always have to be strictly in accordance with law and not de-hors the same. The High Court thought it fit not to record any reason far less any cogent reason as to why there should be a departure when in fact such a petition was dismissed earlier not very long ago. The consideration of the period of one year spent in jail cannot in our view be a relevant consideration in the matter of grant of bail more so by reason of the fact that the offence charged is that of murder under Section 302 IPC having the punishment of death or life imprisonment - it is a heinous crime against the society and as such the Court ought to be rather circumspect and cautious in its approach in a matter which stands out to be a social crime of ve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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