Bombay High Court
Harish Manibhai Patel
Versus
Inspector of Customs and others
Decided On:

Headnote:Section 37-Bail-Grant of.

       Granting of bail is only an extreme and rare circumstances have been provided in the Act, viz., that an application for bail to be considered only after hearing the Public Prosecutor which means without hearing the Public Prosecutor no bail application can be considered. Another strict and stringent condition which are very important is that if the Public Prosecutor opposed the bail application the Court was left with little discretion in granting the bail and the discretion could be exercised by the Court only where the Court is satisfied that such offence is not likely to be committed again. In other words, the Court must be satisfied that there is no basis for the allegations. If at all, the allegations are proved then it should not entail finding guilty of the accused. That means the Court must be satisfied that even if the allegations are established there exists every likelihood that the accused be acquitted. In such strong (evidential) circumstance alone a bail could be granted by the Court below.

       For Citation : 1996(3) All MR 605 (Bom)