1931 (6) TMI 1 - HC - Indian Laws

High Court grants bail in Meerut conspiracy trial under Section 121-A IPC. Specific conditions imposed.

The High Court granted bail to six accused persons in the Meerut conspiracy trial under Section 121-A of the Indian Penal Code. Bail was allowed with ... - Issues: Bail applications in Meerut conspiracy trialAnalysis:1. Nature of Offence and Maximum Punishment: The accused in the Meerut conspiracy trial were charged under Section 121-A of the Indian Penal Code for conspiring to deprive the King of his sovereignty of British India. The maximum punishment for this offence is transportation for life, varying based on the seriousness of the acts committed by each accused.2. Legal Proceedings: The complaint was filed in March 1929 against 33 accused persons, with one being discharged. The trial commenced in January 1930, with 32 accused persons being committed to the Court of Session. The prosecution evidence was concluded, and statements of the accused were being recorded, indicating a lengthy trial process.3. Volume of Evidence and Bail Applications: The prosecution presented an extensive volume of evidence, including over 300 witnesses and 3,000 exhibits. The bail applications of the accused highlighted grounds for release, with the counsel providing key details from the commitment order to outline the prosecution's case and evidence against the accused.4. Legal Principles Applicable to Bail Applications: Section 496 of the Criminal Procedure Code mandates bail in all bailable cases, while Section 497 grants discretion to the Court for release on bail in non-bailable offences. The Court's decision is guided by the presence of reasonable grounds for believing the accused's guilt and the seriousness of the offence.5. Judicial Discretion and Considerations for Bail: Section 498 provides the High Court or Court of Session with unfettered discretion to grant bail, not limited by the restrictions in Section 497. The judgment emphasizes that bail should be granted judicially, considering various factors such as the nature of the charge, potential punishment, risk of absconding, character of the accused, and the period of detention.6. Grant of Bail and Exceptional Cases: While bail is generally favored, especially in bailable cases, for serious non-bailable offences punishable with death or transportation for life, bail by the High Court or Sessions Judge is considered only in exceptional cases. The judgment highlights the importance of caution and exceptional circumstances for granting bail in such cases.7. Court's Decision: The High Court granted bail to six accused persons on specific conditions, including executing personal bonds and refraining from public demonstrations or speeches. The applications of the remaining accused were dismissed, emphasizing the careful consideration of circumstances and the gravity of the charges in determining bail eligibility.