(In continuation of our post-dated 07.08.2021)
In the case of Y.S. Jagan Mohan Reddy v. CBI (2013) 7 SCC 439 Hon’ble Supreme Court held that while granting 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 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/State and other similar considerations.
Taking a note of the same, Patiala House Court in the case of DGGSTI vs Rakesh Kumar Goyal did not allow bail stating that “As accused has not co-operated in investigation therefore, apprehension of tempering of witness as alleged against him is not unfounded.” The court did not consider the plea of covid19india stating that “In the today’s time when country is fighting with corona virus pandemic and struggling all over on the economic front such evasion and false claims have further pushed the country towards poverty, unemployment and starving.”Watch video at https://lnkd.in/dri7wXGa