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Bail

(Querist) 20 August 2012 This query is : Resolved 
Hello experts,
I need judgements preferably of Bombay or supreme court on the issue whether plea of inconsistencies in statement of eyewitnesses can raised at the stage of grant of bail.
Secondly if there is diffrce between medical evidence and ocular evidence whether this ground can be agitated at the time of consideration off ball application, please provide me judgements if any in this regard.

Devajyoti Barman (Expert) 20 August 2012
Granting of bail id very mush depending on the discretion of the court and there is no strict principles which guide the grant of bail.
Depending upon the circumstances the court can decide on the grant of bail.
The points of consideration you raised can always be agitated at the time of hearing of bail and there having been no restraint on its reference, citation is not needed at the time of hearing.
Adv.R.P.Chugh (Expert) 20 August 2012
At the time of grant of bail, the court has to be see the merits of the case only prima facie i.e without going into the nitty gritties of it. Normally contradictions are not seen at the time of bail, however if contradictions and discrepancies are such that go to the root of the trial and improbalise the very basis of the case - then it is of utmost importance.


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