Mala fide or ulterior motive may perhaps involve humiliation and unneeded law enforcement harassment, making this an appropriate floor for bail in conditions through which these elements happen to be recognized as allegations. Having said that, this can't be utilized as justification to refuse bail when evidence from a better court docket proves its strength; in the same way heinousness of the offense can't be utilized as justification in opposition to bail underneath Sec 497(1) CrPC devoid of proof that an accused is undoubtedly an Excessive offender (NLR 1988 Cr 527 Habib-ur-Rehman etcetera v Point out).
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Before granting bail to an accused, Custody mindful and thorough consideration content have to be supplied. Several factors, such as age, gender and wellbeing ought to be taken into consideration before achieving a call based on law and superior court precedents.
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