Gudikanti Narasimhulu v Public Prosecutor, High Court of Andhra Pradesh

• The petitioners were acquitted of murder and related offences by the trial court, but the Andhra Pradesh High Court convicted them in the State's appeal against acquittal. They surrendered, as the Supreme Court Rules required, before filing their statutory appeal, and applied for bail pending the appeal.

1. What principles govern the exercise of judicial discretion in granting or refusing bail?

• Krishna Iyer J held that the issue of bail is one of liberty, justice, public safety and burden on the public treasury, and that personal liberty under Art.21 is at stake, so the discretion must be exercised judicially and not by whim. Relevant factors include the nature of the charge, the nature of the evidence, the severity of the likely punishment, the risk of the accused absconding, the danger of interference with witnesses or justice, his antecedents and roots in the community, and the period already spent in custody. Conditions may be imposed to protect the course of justice.

Bail involves personal liberty under Art.21, so the discretion must be exercised judicially and not by whim. The court weighs the nature of the charge and the evidence, the likely punishment, the risk of absconding, the danger of interference with witnesses or justice, the accused's antecedents and roots in the community, and the time already spent in custody, and may impose conditions to protect the course of justice.