1995 (6) TMI 120

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.... is a person serving in bank having no criminal history and therefore, he would not abscond. Shri Oberoi further pointed that the prosecution allegations show that he attempted or made preparation to commit the offence which has been made punishable u/s 56 of FERA. He prayed that applicant be enlarged on bail in view of judgment of Supreme Court in the matters of Gudikanti Narasimhulu and Ors. v. Public Prosecutor, High Court of A.P. - AIR 1978 SC 429 and Bhagirath Judeja v. State of Gujarat - AIR 1984 SC 372. 2. Shri Khan, counsel appearing for non-applicant submitted that applicant has been charged for committing an offence which is punishable under provisions of FERA and the prosecution is in possession of some material to show t....

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....are germane to the above constitutional proposition. Reasonableness postulates intelligent care and prejudicate that deprivation of freedom by refusal of bail is not for punitive purpose but for the bifocal interests of justice to the individual involved and society affected." 6. In view of this observation the case diary has been neatly perused. 7. In the matter of Bhagirathsingh Judeja v. State of Gujarat (supra) the Supreme Court has observed that :- "It is now well settled by a catena of decisions of the Supreme Court that the power to grant bail is not to be exercised as if the punishment before trial is being imposed. The only material considerations in such a situation are whether the accused would be readily available for h....