High courts have power to grant bail by invoking article 226 in suitable cases : Supreme Court
In the recent judgement, Supreme Court has observed that a high court in its jurisdiction under article 226 of the constitution of India has the power to grant bail in a suitable case.
The court highlighted the point that the Bombay high court failed to discharge its adjudicatory function at two levels. Firstly, to evaluate prima facie, the interim stage was to decide whether an arguable case has been made out or not. Secondly, in declining interim bail, as a consequence of its failure to render a prima facie opinion on the first. The court said that the high court must consider the settled factors while considering an application for the grant of bail under article 226 like, the nature of the alleged offence, the nature of the accusation and the severity of the punishment in the case of a conviction.
The bench emphasised that the high court must exercise its power with caution and prudently.