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    <title>2002 (11) TMI 803 - Supreme Court</title>
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    <description>The High Court&#039;s grant of bail under Section 439 CrPC was found unsustainable because it did not consider the Sessions Court&#039;s reasons for refusing bail or the accused&#039;s previous conviction and criminal antecedents. The Court held that while the discretion to grant bail is wide, it must be exercised with conscious regard to the gravity of the offence, prior conviction for a serious offence, criminal history, and the earlier refusal order. As the impugned order showed no awareness of these relevant factors and gave no reason for disregarding them, it reflected an infirm exercise of discretion. The bail order was set aside, the accused was directed to surrender, and liberty was given to seek bail afresh on its own merits.</description>
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    <pubDate>Wed, 20 Nov 2002 00:00:00 +0530</pubDate>
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      <title>2002 (11) TMI 803 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=282730</link>
      <description>The High Court&#039;s grant of bail under Section 439 CrPC was found unsustainable because it did not consider the Sessions Court&#039;s reasons for refusing bail or the accused&#039;s previous conviction and criminal antecedents. The Court held that while the discretion to grant bail is wide, it must be exercised with conscious regard to the gravity of the offence, prior conviction for a serious offence, criminal history, and the earlier refusal order. As the impugned order showed no awareness of these relevant factors and gave no reason for disregarding them, it reflected an infirm exercise of discretion. The bail order was set aside, the accused was directed to surrender, and liberty was given to seek bail afresh on its own merits.</description>
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      <pubDate>Wed, 20 Nov 2002 00:00:00 +0530</pubDate>
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