Code of Criminal Procedure, 1973–Sec. 437(6)–Nature of provisions–Provisions are mandatory in nature and very little discretion is available to the Magistrate to refuse the bail of an under-trial prisoner subject to recording his reasons for rejecting such bail application in writing which primarily may be the possibility of tampering the evidence by the accused, the delay in conclusion of the trial within a period of 60 days if attributable to the accused, and if it appears that there are reasonable grounds for believing that releasing the accused on bail would defeat the ends of justice.
