Bail

Abhishek Bhagotia (Querist) 03 June 2012 This query is : Resolved
Dear experts , is there any ruling by SC that bail cannot just be denied for the sake of investigation, if there are no issues of s. 27 of evidence act or any other strong grounds.

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Devajyoti Barman (Expert) 03 June 2012
There are various decisions wherein the supreme court has discussed the grounds of bail.
You can refer to the 2G case as well.

Adv.R.P.Chugh (Expert) 03 June 2012
If there is no recovery or disclosure to be done, or there is no need for custodial interrogation. That is indeed a important for grant of bail. See 2g bail case as advised above. In addition to this you can see : Ram Govind Upadhyaya v. Sudershan Singh (2002) SC for factors of exercise of discretion in grant of bail.

Other than this - if there is no chance of accused absconding while on bail or frustrating trial - then bail is the rule and jail the exception.

Shrichand Nahar (Expert) 03 June 2012
2G Scam Bail orders of the Delhi High Court and SC have discussed almost entire law on regular bail. You may pick and choose ruling applicable to your case from those orders.

R.K Nanda (Expert) 03 June 2012
Agree with experts.

venkatesh Rao (Expert) 04 June 2012
All depend on the facts of the case. Bail is normally a rule and rejection is an exception. If the court is satisfied that the accused will and shall coopaerate with the investigation including recovery, it may grant the bail, of course with due regard to the gravity of the offence.

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