Bail -- Murder and Conspiracy -- Bail is rule and jail is exception remains a guiding principle subject to Section 437(1) CrPC
Criminal Procedure Code, 1973, S.437(1) -- Bail -- Murder and Conspiracy -- "Bail is the rule, jail is an exception" is a guiding principle, not an absolute rule -- It must be balanced with factors such as the statutory bar under S.437(1) CrPC for offences punishable with death or life imprisonment, gravity of the offence, prima facie evidence, criminal antecedents, differentiation of roles, parity, age, and medical condition -- Bail can be declined where the offence is heinous and premeditated or where there is apprehension of witness influence, tampering of evidence, or risk of absconding -- Advanced age and inconsistent evidence may justify a differentiated approach favouring bail.
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