DILIP MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRESENT appeal has already been admitted by this Court vide order dated 7th November, 2012. Records and Proceedings of Sessions Case No. 03 of 2008 was called for from the trial Court so as to appreciate the argument for suspension of sentence.

(2.) RECORDS and proceedings of Sessions Case No. 03 of 2008 has been received by this Court.

(3.) There is a need to indicate in the order, reasons for prima facie concluding why bail was being granted particularly where an accused was charged of having committed a serious offence. It is necessary for the Courts dealing with application for bail to consider among other circumstances, the following factors also before granting bail, they are : 1. The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence : 2. Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant; 3. Prima facie satisfaction of the Court in support of the charge.