Bail -- Rejection by Sessions Court -- Does not bar subsequent bail application before High Court
(i) Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Bail -- Rejection by Sessions Court -- Rejection of a bail application by the Sessions Court does not prevent the High Court from entertaining a subsequent bail application in exercise of its own concurrent jurisdiction. (ii) Protection of Children from Sexual Offences Act, 2012, S.29 -- Bail -- Statutory Presumption Under POCSO Act -- Presumption of guilt raised against an accused is rebuttable and does not operate as an absolute bar to bail. An accused may show, from material on record or evidence during trial, that the foundational facts giving rise to the presumption are prima facie not established or stand rebutted. (iii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Bail -- Gravity of Offence -- Concession of bail cannot be denied merely to teach an accused a lesson or to satisfy the conscience of society, as this amounts to imposing pre-trial punishment. Gravity of offence alone does not justify continued incarceration where evidence emerging during trial renders involvement of accused highly doubtful.
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