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State of Kerala vs. Mahesh (SC)

44.00 4.40

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Code of Criminal Procedure, 1973–Secs. 439(2)–Penal Code, 1860–Secs. 341, 324, 201, 212, 307 & 302–Grant of bail–Justification–View of High Court that the offence was heinous–Bail was granted on the ground that the accused is in custody since 6.10.2020–Charge-sheet has not been filed–High Court did not apply the mind to the severity of the punishment in the event of conviction or the fact that the accused had been absconded after the incident–It did not advert to any error in the reasoning of the Sessions Court–Possibility of influence the witnesses was also not considered–Misappreciation of the
object, scope and ambit of the directions issued by this Court in the case of In re Contagion of COVID-19 virus in prisons–Bail deserves to be cancelled.