The High Court ought to have taken into account the totality of the material and evidence on record as it is and ought not to have discarded it as being inadmissible. The High Court clearly overlooked the settled legal position that, at the stage of considering the prayer for bail, it is not necessary to weigh the material, but only form opinion on the basis of the material before it on broad probabilities. The Court is expected to apply its mind to ascertain whether the accusations against the Accused are prima face true. Indeed, in the present case, we are not called upon to consider the prayer for cancellation of bail as such but to examine the correctness of the approach of the High Court in granting bail to the Accused despite the materials and evidence indicating that accusations made against him are prima facie true. {Para 35}
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 578 of 2019.
Decided On: 02.04.2019
National Investigation Agency Vs. Zahoor Ahmad Shah Watali
Hon'ble Judges/Coram:
A.M. Khanwilkar and Ajay Rastogi, JJ.
Author: A.M. Khanwilkar, J.
Citation: MANU/SC/0458/2019,(2019) 5 SCC 1.
Print Page