2002 (11) TMI 803

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....er is a detailed one setting out the facts and circumstances of the case, the previous history, and antecedents of the accused-applicant. The order also takes note of an apprehension expressed on behalf of the State that the release of the respondent No. 1 on bail may adversely influence the investigation and witnesses may be adversely influenced or intimidated. 3. Feeling aggrieved by the rejection of bail at the hands of the Sessions Court, the respondent No. 1 moved the High Court under Section 439 of Cr.P.C. By order dated 08.11.2001, the High Court has allowed the prayer of the respondent No. 1 to be enlarged on bail. The order is a brief one and the only reason assigned for releasing the respondent No. 1 on bail is - "It is a fi....

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....el for the appellant has submitted by inviting attention of the Court to the provisions of Section 437 Cr.P.C. that a person accused of or suspected of the commission of any non-bailable offence shall not be released on bail if he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for 7 years or more, unless special reasons for enlarging the accused on bail are available and recorded in writing. The learned counsel for the respondent No. 1 submitted that the power of Sessions Court and High Court to enlarge the accused on bail under Section 439 Cr.P.C. are very wide and are not fettered by the provisions of Section 437 Cr.P.C. Be that as it may, it cannot be denied that previous convicti....