Held : “The condition laid down under Section 437 (1) (i) is sine qua non for granting bail even under Section 439 of the Code. In the impugned order it is noticed that the High court has given the period of incarceration already undergone by the accused and the unlikelihood of trial concluding in the near future as grounds sufficient to enlarge the accused on bail, in spite of the fact that he accused stands charged of offences punishable with life imprisonment or even death penalty. In such cases, in our opinion, the mere fact that the accused has undergone certain period of incarceration (there years in this case) by itself would not entitle the accused to being enlarged on bail, nor the fact that the trail is not likely to be concluded in the near future either by itself or coupled with the period of incarceration would be sufficient for enlarging the appellant on bail when the gravity of the offence alleged is severe and there are allegations of tempering with the witnesses by the accused during the period he was on bail. |
