Criminal Procedure Code, 1973
Section 437(6)—Right of bail—Exercise of power—Where in the opinion of the Magistrate, it is not proper or desirable or in the interest of justice to release such accused on bail, he may refuse bail by assigning reasons—Provisions of Section 437(6) of the CrPC, as such, cannot be considered to be mandatory in nature and cannot be interpreted to grant an absolute and indefeasible right of bail in favour of accused—Reasons for rejection of application under sub-section (6) of the said Section have to be different and little more weighty than the reasons that may be relevant for rejection of bail at the initial stage—Grounds relevant for considering application under Section 437(6) of the Code and grounds relevant for considering application for regular bail would be different to some extent—Court enumerated factors relevant for considering application under sub-section (6) of Section 437 of the CrPC.
[Paras 10 to 13]
Section 437(6)—Bail application—Consideration—Applications under Section 437(6) have to be given a liberal approach and it would be a sound and judicious exercise of discretion in favour of the accused by the court concerned more particularly where there is no chance of tampering of evidence i.e. where the case depends on documentary evidence which is already collected; where there is no fault on part of the accused in causing of delay; where there are no chances of any abscondence by the accused; where there is little scope for conclusion of trial in near future; where the period for which accused has been in jail is substantial in comparison to the sentence prescribed for the offence for which he is tried—Normal parameters for deciding bail application would also be relevant while deciding application under Section 437(6) of the Code, but not with that rigour as they might have been at the time of application for regular bail.
[Para 17]
Section 437(6)—Bail application—Consideration—Where there is absence of positive factors going against the accused showing possibility of prejudice to prosecution or accused being responsible for delay in trial, application under Section 437(6) has to be dealt with liberal hands to protect individual liberty as envisaged under the Constitution of India and sought to be protected by insertion of sub-section (6) to Section 437 of the Code by the legislature.
[Para 18]
Section 439—Denial of regular bail by High Court—Appeal—Offences relates to crypto currency—FIR registered under Sections 420, 201, 120B read with Section 34 of IPC—Since the trial is being conducted by the CJM, the maximum punishment he can impose if the offence is established would be seven years—Appellant deserves to be released on bail, subject to certain terms and conditions as may be imposed by the trial court—Appeal allowed.
[Paras 6 & 20]