...(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit..., no accused shall be released on bail, unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.”To...which he is charged and further that he is not likely to commit any offence while on bail. It has further to be noticed that the conditions for granting the bail, specified in clause (b) of sub-section...

...is not guilty of such offence and that he is not likely to commit any offence while on bail. It is the mandate of the legislature which is required to be followed. At this juncture a reference to...satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.(2) The...are reasonable grounds for believing that the accused is not guilty of such offence; and(ii) that he is not likely to commit any offence while on bail...

...believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.(2) The limitations on granting of bail specified in clause (b) of...that there are reasonable grounds for believing that the person is not guilty of such offence; (2) that person is not likely to commit any offence while on bail.9. There is...validly imported in India and the same has already been seized, we are of the opinion that further detention of the accused/petitioners is not necessary.Therefore, the accused...

..., the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail...) an opportunity to the Public Prosecutor to oppose the bail application, and (2) satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is...that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and that he is not likely to commit any offence while on bail. The conditions are cumulative and...

...prosecutor has been given an opportunity to oppose the bail application; and (ii) the court is satisfied that there are reasonable grounds for believing that he is not guilty of such an offence and...for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.”16. In view of the above provisions, it is...believing that he is not guilty of such an offence and that he is not likely to commit any offence while on bail.17. The quantity of “ganja” recovered is admittedly of...

...are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.(2) The limitations on granting.... Bail can only be granted on fulfilment of two conditions i.e (i) where there are reasonable grounds for believing that the accused is not guilty of the offence and (ii) that he is not likely to...court that there are reasonable grounds for believing that the accused is not guilty and that he is not likely to commit any offence while on bail. Both the conditions have to be satisfied. If either of...

...be allowed. The learned Additional Solicitor General submits that one of the requirements is that “the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and...that he is not likely to commit any offence while on bail”. It was urged that in a case such as the present where the conviction is under the provisions of Sections 23(c) and 25-A of the NDPS Act, the requirement of Section 37 that “there are reasonable grounds for believing that he is not guilty of...quantity shall be released on bail, where the Public Prosecutor opposes the application, unless the Court is satisfied “that there are reasonable grounds for believing that he is not guilty of such offence and...

...application for such release, and(ii) where the Public Prosecutor oppose the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and...opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail...prohibits the enlargement on bail of any person accused of commission of an offence under the Act, if in custody, unless two conditions are satisfied. The first condition is that the prosecution must be given an opportunity to oppose the application for such release and the second condition is that where there is such opposition, the court must be satisfied that there are reasonable grounds for believing that he is not guilty of such offence and...

...can be granted in case there are reasonable grounds for believing that the accused is not guilty of such offence, and that he is not likely to commit any offence while on bail. It is the mandate of the...believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.(2) The limitations on granting of bail specified in...released on bail during trial unless the mandatory conditions provided in Section 37, namely,(i) there are reasonable grounds for believing that the accused is not guilty of such offence; and(ii) that he is...

...court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail...negative in prescribing (sic proscribing) the enlargement on bail of any person accused of commission of an offence under the Act unless two conditions are satisfied. The first condition is that the prosecution must be given an opportunity to oppose the application and the second is that the court must be satisfied that there are reasonable grounds for believing that he is not guilty of such offence. If...Prosecutor opposes the bail application, no accused shall be released on bail, unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.”(emphasis...

...the petitioner as an accomplice of Azad Parvez and all that PW 5 said is that he had seen Azad Parvez visiting the house of the petitioner and it is claimed that no other witness has so far implicated the present petitioner in any manner.3. In view of Section 37(1)(b) of the Act unless there are reasonable grounds for believing that the accused is not guilty of such offence and...prosecution witnesses, if believable, would result in conviction of the petitioner or not. At this juncture, we cannot say that the accused is not guilty of the offence if the allegations made in the charge are established. Nor can we say that the evidence having not been completely adduced before the Court that there are no grounds to hold that he is not guilty of such offence...instituted and the trial therein was going on in the Court of Special Judge, Balasore. It is alleged that Md. Diwan disclosed before the arresting authority that he works for Azad Parvez who does the...

...believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.(2) The limitations on granting of bail specified in clause...probable causes for believing that the accused is not guilty of the offence he is charged with. The reasonable belief contemplated in turn, points to existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the...conditions viz. (i) the satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence; and (ii) that he is not likely to commit any...

...the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail..., namely, (1) an opportunity to the Public Prosecutor to oppose the bail application, and (2) satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is...;”In other words, under Section 437 of the Code the person is not to be released on bail “if there appear reasonable grounds for believing that he has been guilty of an offence …” while according to Section 37 of the NDPS Act, the accused shall not be released on bail unless “the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence...

...opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2...the accused is not guilty of the offence he is charged with. The reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the...twin conditions are satisfied. The first condition is that the prosecution must be given an opportunity to oppose the application; and the second, is that the Court must be satisfied that there are reasonable grounds for believing that he is not guilty of such offence. If...

...believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. Intention of the Legislature is not to give the Public Prosecutor the power to decide.... When reasons pointed out by the Public Prosecutor are found to be sustainable, the Court has no power to grant bail unless the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and...bail, Court has the discretion to grant bail. In such cases the Court has the discretion to grant bail even if the Court is not satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is...

...believing that he is not guilty of such offence and that he is Page: 921not likely to commit any offence while on bail.”4. Bail should, therefore, be granted only where there are reasonable grounds for believing that he is not guilty of such offence...been enlarged on bail and that he is in detention for the last six months, that alone will not provide reasonable grounds for believing that he is not guilty of such offence.6. The First...Provisions of Gangster Act provide that a Court should not grant bail, if there are reason able grounds for believing that he is likely to commit any offence while on bail, Bail should, therefore, not be...

...possession of 9 bulk liter of country made liquor without valid authority of law, which is offence punishable under Section 34(1)(a) of the Act. 2. Shri Rajesh Jain, learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case as such, there are reasonable grounds for believing that he is not guilty of...court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail...grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. 7. The limitations on granting of bail come in only...

...grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.(2) The limitations on granting of bail specified...psychotropic substances in the quantity of commerce and trade, bail cannot be granted until the court does not arrive at the conclusion to the effect that the accused is not guilty of such an offence; and in...the opinion that there is reasonable ground to believe that the accused is not likely to commit the said offence, no order of bail could have been passed in derogation of the provisions thereof. It was...

...(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to...are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail.7. The limitations on...offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of...