Code Of Criminal Procedure, 1973; Section 439– Grant of bail involves the exercise of a discretionary power which ought not to be used arbitrarily, capriciously; and injudiciouslygrant of bail involves the exercise of a discretionary power which ought not to be used arbitrarily, capriciously; and injudiciously – Referred to Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496, on certain parameters on which the correctness of an order granting bail must be evaluated and Mahipal v. Rajesh Kumar, (2020) 2 SCC 118. [Allowing appeal, SC held:High Court ought not to have granted bail in relation to the proceedings emanating from the FIR on account of (i) the seriousness of the crime; (ii) the conduct of the accused person(s); and (iii) the overall impact of the crime on society at large i.e., the accused person(s) were involved in a broad daylight murder which led to the closure of a market for a prolonged period of 10 (ten) days due to their overwhelming influence in the area.]
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