Bail in magistrate-triable offences granted where charge-sheet was filed and no criminal antecedents were shown.

Appellants facing offences triable by a Magistrate were considered eligible for bail where the charge-sheet had already been filed and no criminal antecedents were pleaded. The Court noted apprehension that the appellants might influence prosecution witnesses, but held that this concern was not enough to deny bail in the absence of antecedents and given the nature of the trial. Bail was therefore granted, with enlargement on appropriate terms and conditions to be fixed by the Trial Court after hearing the Public Prosecutor.

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Issues: Whether the appellants, facing magistrate-triable offences with charge-sheet filed and no pleaded criminal antecedents, were entitled to bail.

Analysis: The offences alleged were admitted to be triable by a Magistrate. The charge-sheet had already been filed. No antecedents of the appellants were pleaded in the counter. The apprehension regarding possible influence on prosecution witnesses, though noticed, was not found sufficient to deny bail in the absence of antecedents and in view of the nature of the trial.

Conclusion: The appellants were entitled to bail, and the appeals were allowed with a direction to enlarge them on appropriate terms and conditions to be fixed by the Trial Court after hearing the Public Prosecutor.

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