Hon'ble Supreme Court of India observed as
“under criminal laws of this country, a person accused of offences which are non-bailable, is liable to be detained in custody during the pendency of trial unless he is enlarged on bail in accordance with law.
Such detention cannot be questioned as being violative of Article 21 of the Constitution, since the same is authorized by law. But even persons accused of non- bailable offences are entitled to bail if the Court concerned comes to the conclusion that the prosecution has failed to establish a prima facie case against him and/or if the Court is satisfied spite of by the reasons to be of recorded prima that in existence facie case, there is need to release such accused on bail, where fact situations require it to do so.”
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