All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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38.

Which of the following is least likely to be a consideration that the court will normally weight when considering an application for bail?

A: The character of the evidence presented.
B: What the police officers handling the case want.
C: Whether the accused will appear in court, or leave the jurisdiction.
D: The nature and seriousness of the offence.
E: Apprehension of the accused tampering with witnesses.

The answer is: B

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Explanation

The correct option is B What the police officers handling the case want.

This is because, according to the Code of Criminal Procedure, 1973, the court has the discretion to grant or refuse bail to an accused person, and it must consider various factors such as the nature and seriousness of the offence, the character of the evidence, the likelihood of the accused fleeing from justice, tampering with witnesses, or committing further offences, and the interests of justice. The court is not bound by the opinion or recommendation of the police officers handling the case, as they are not impartial or independent parties. The police officers may have their own motives or biases in favour of or against the accused, and they may not have all the relevant information or evidence to make a fair assessment of the case. Therefore, what the police officers want is least likely to be a consideration that the court will normally weigh when considering an application for bail.