Emperor vs Nensi Hansraj

The applicants are persons accused of a non-bailable offence before the Chief Presidency Magistrate to whom an application was made that they might be released on bail.

As however there appeared to the Magistrate to be reasonable grounds for believing that the applicants were guilty of the offence of which they were accused, he refused the application in conformity with the provisions of Section 497, Sub-section (i) of the Code of Criminal Procedure.

So it is that a similar application is made to this Court.

It has been laid down by a full Bench of the Madras High Court in Kamaraja Pandia Naick Weir, 3rd Edn. p. 1111 a that the rule in respect of non-bailable offences is that bail is not to be taken, except in special circumstances; and so the application being opposed, the Court has to see in this case whether at this stage of the proceeding there are these special circumstances.

It appears to us that there are not, and that at this stage no sufficient case has been made that would justify us in acceding to the application, which must, therefore, be refused.