Constitution of India, 1950; Article 21- Speedy Trial – Howsoever serious a crime may be, an accused has a right to speedy trial as enshrined under the Constitution of India- If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to …
Code Of Criminal Procedure,1973; Section 439- Courts while granting bail are required to consider relevant factors such as nature of the accusation, role ascribed to the accused concerned, possibilities/chances of tampering with the evidence and/or witnesses, antecedents, flight risk et al. (Para 19) -. In cases where the allegations coupled with the materials brought on …
Manik Madhukar Sarve vs Vitthal Damuji Meher 2024 INSC 636 – S 439 CrPC – Bail Read More »
Bail – Excessive bail is no bail. To grant bail and thereafter to impose excessive and onerous conditions, is to take away with the left hand, what is given with the right. As to what is excessive will depend on the facts and circumstances of each case. (Para 23) Surety – The Oxford Dictionary defines …
Girish Gandhi vs State Of Uttar Pradesh 2024 INSC 617 – Bail – Surety Read More »
Unlawful Activities (Prevention) Act, 1967; Section 43D(5)- Bail – When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider the case for grant of bail in …
Jalaluddin Khan vs Union Of India 2024 INSC 604 – UAPA – Bail Read More »
Bail– While considering as to whether bail ought to be granted in a matter involving a serious criminal offence, the Court must consider relevant factors like the nature of the accusations made against the accused, the manner in which the crime is alleged to have been committed, the gravity of the offence, the role attributed …
Bail – Dismissing appeal filed by Union of India against bail granted to an accused in UAPA case, SC observed: An accused cannot be detained under the guise of punishing him by presuming the guilt and in Vaman Narain Ghiya v. State of Rajasthan, (2009) 2 SCC 28 – The broad probability of accused being …
Union Of India vs Mrityunjay Kumar Singh @ Mrityunjay @ Sonu Singh 2024 INSC 404 – Bail Read More »
Bail – Allowing appeal, SC cancelled bail of two accused and held that despite their period of incarceration of more than 10 years would not be entitled to grant of bail for their subsequent conduct for which they are facing separate trial.
Code Of Criminal Procedure, 1973; Section 439– Grant of bail involves the exercise of a discretionary power which ought not to be used arbitrarily, capriciously; and injudiciouslygrant of bail involves the exercise of a discretionary power which ought not to be used arbitrarily, capriciously; and injudiciously – Referred to Prasanta Kumar Sarkar v. Ashis Chatterjee, …
Ramayan Singh vs State Of Uttar Pradesh 2024 INSC 323- Bail Read More »
Code Of Criminal Procedure, 1973; Section 439 – Appeal against cancellation of Bail – Strong criticism of the Hon’ble Chief Minister is not a violation of bail order- only by expressing his strong views about the demolition of the masjid and by demanding release of prisoners, it can be said that the appellant has misused …
A Duraimurugan Pandiyan Sattai @ Duraimurugan vs State – Cancellation Of Bail Read More »
Bail– The purpose of directing an accused who has been released on bail to furnish surety is to ensure that the accused is present to answer further proceedings including at the trial. Determining the amount of surety at an unreasonably high amount effectively defeats the very purpose of the grant of bail and infringes the …