Grant of Bail

GRANT OF BAIL

The jurisdiction to grant bail has to be exercised on the basis of well settled principles having regard to the circumstances of each case and not in an arbitrary manner.

While granting the bail, the court has to keep in mind
the nature of accusations,
the nature of evidence in support thereof,
the severity of the punishment which conviction will entail,
the character, behavior, means and standing of the accused,
circumstances which are peculiar to the accused,
reasonable possibility of securing the presence of the accused at the trial,
reasonable apprehension of the witnesses being tampered with,
the larger interests of the public or State and
similar other considerations.

It has also to be kept in mind that for the purposes of granting the bail the Legislature has used the words "reasonable grounds for believing" instead of "the evidence" which means the court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt.

Freedom of Press

Freedom of press is implied from the Article 19(1)(a) of the Constitution of India.

Article 19(1) (a) of The Constitution Of India 1949 states as under:
(1) All citizens shall have the right
(a) to freedom of speech and expression.

The freedom of speech and of the press do not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian constitution impose certain reasonable restrictions on free speech under following heads:

I. security of the State,
II. friendly relations with foreign States,
III. public order,
IV. decency and morality,
V. contempt of court,
VI. defamation,
VII. incitement to an offence, and
VIII. sovereignty and integrity of India.

Without debate, Without Criticism

Without debate, without criticism, no Administration and no country can succeed — and no republic can survive.~ John F. Kennedy