Section 214: Bail – Principles—The applicant who was a Barrister was arrested and

214. Bail – Principles—The applicant who was a Barrister was arrested and granted bail by the District Magistrate, subject to conditions. The DPP applied to the Supreme Court for an order setting aside the Magistrate’s order for release. The Supreme Court set aside the Magistrate’s order and refused the applicant bail. The applicant obtained special leave to appeal. HELD the nature of the offence, the penalty applicable thereto and the seriousness of the offence must not be viewed in isolation but in conjunction with any relevant risk. The Magistrate had rightly addressed the wider question whether it was necessary to refuse bail, given the seriousness of the offence, to serve one of the ends for which detention before trial is permissible, concluding that it was not. The Supreme Court erred in treating the seriousness of the offence as a conclusive reason for refusing bail. This approach is inconsistent with the Bail Act 1999. Hurnam v State (2005).