SARVANAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has approached this Court for grant of regular bail in case Fir No. 88 of 2015 registered at Police Station Barmana, District Bilaspur, H.P. on 28.5.2015 under Sections 366, 376d, 506 and 201 of the Indian Penal Code.

(2.) It is well settled that the matters to be considered in an application for bail are:-

(3.) It is also more then settled that if a person was suspected of a crime of an offence punishable with death or imprisonment for life, then there must explaining grounds which specifically negate the existence of reasonable grounds for believing that such an accused is guilty of an offence punishable with sentence of death or imprisonment for life. The jurisdiction to grant bail must, therefore, be exercised on the basis of well settled principles having regard to the circumstances of each case. The discretion to be exercised in such matters must be exercised in a judicious manner and not as a matter of course. It may not be necessary to do detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, but there is a need to indicate reasons for prima facie concluding why bail was being granted, particularly where the accused is charged of having committed a serious offence. The heinous nature of the crime warrants more caution and there is a greater chance of rejection of bail, though, however dependent on the factual matrix of the matter.