[Landmark Judgement] Prasanta Kumar Sarkar v/s Ashis Chatterjee (2010)

Landmark Judgment Law Insider (1)

Published on: 16 October  2022 at 19:23 IST

Court – Supreme Court of India

Citation – Prasanta Kumar Sarkar v/s Ashis Chatterjee (2010) 14 SCC 496

Hon’ble Supreme Court of India has held that decision of grant of bail is based upon the factors such prima facie case where the accused had committed the said offence, nature and gravity of accusations, likelihood of repetition of offense, reasonable apprehension of the witnesses being influenced or chances of justice being thwarted by grant of bail of the accused.

Para – 9

We are of the opinion that the impugned order is clearly unsustainable. It is trite that this Court does not, normally, interfere with an order passed by the High Court granting or rejecting bail to the accused.

However, it is equally incumbent upon the High Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of this Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are:

(i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

(ii) nature and gravity of the accusation;

(iii) severity of the punishment in the event of conviction;

(iv) danger of the accused absconding or fleeing, if released on bail;

(v) character, behaviour, means, position and standing of the accused;

(vi) likelihood of the offence being repeated;

(vii) reasonable apprehension of the witnesses being influenced; and

(viii) danger, of course, of justice being thwarted by grant of bail.

Drafted By Abhijit Mishra

Key Words – Bail, Repetition of Offense, Absconding, Conviction.

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