RAM SAHODAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The following question has been referred to us for decision.

(2.) The question has arisen in the following circumstances. Applicant Ram Sahodar and Diganlal are being prosecuted for an alleged offence under S. 376, read with S. 34, Indian Penal Code. They applied for their release on bail before the Court of Session. Their application was rejected. They then came to this Court. By order, dt. 13-10-1984, passed in Misc. Criminal Case No. 2403 of 1984, Hon. Bhatt, J. rejected that application. However, while rejecting that application, the learned Judge observed :

(3.) The issue relating to bail, as pointed out in Babu Singh v. State of U.P. AIR 1978 SC 527, is one of liberty, justice, public safety and burden on the public treasury. Krishna Iyer. J., who delivered the Judgment of the Court, emphasising the importance of liberty and noticing serious consequences coming out of refusing to take bail, observed :