Dipak Shubhashchandra Mehta v. C.B.I. & Anr.

Judgment of the above noted case bearing Criminal Appeal No. 348 of 2012 arising out of SLP (Crl.) No. 8995 of 2011 was delivered by the bench of Supreme Court of India comprising of Mr. P. Sathasivam J. and Mr. J. Chelameswar J. on February 10, 2012.

Unlike my earlier posts, this judgment does not involve any significant question of law. Instead it provides brief guidelines for consideration in bail matters. 

Accordingly, The Court granting bail should exercise its discretion in a judicious manner and not as a matter of course. Though at the stage of granting bail, a detailed examination of evidence and elaborate documentation of the merits of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail  is being granted, particularly, where the accused is charged of having committed a serious offence. The Court granting bail has to consider, among other circumstances, the factors such as

1. the nature of accusation and severity of punishment in case of conviction and the nature of supporting evidence;
   
   
2. reasonable apprehension of tampering with the witness or apprehension of threat to the complainant and;
   
   
3. prima facie satisfaction of the court in support of the charge.

In addition to the same, the Court while considering a petition for grant of bail in a non-bailable offence apart from the seriousness of the offence, likelihood of the accused fleeing from justice and tampering with the prosecution witnesses, have to be noted.