Bail

Vitthal Damuji Meher vs Manik Madhukar Sarve 2024 INSC 785 – Bail -Judgments

Judgments -Judgments are not to be read as Euclid’s theorems; they are not to be construed as statutes, and; specific cases are authorities only for what they actually decide. (Para 4) Bail – Parity – Grant of bail to co-accused would not ipso facto entitle the accused to the same – [the accused was incarcerated …

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Jitendra Paswan vs State Of Bihar CrA 2648 Of 2024 – Bail

Bail – Once a Court comes to a conclusion that an accused is entitled to bail, the Court cannot postpone the grant of bail. After holding that an accused is entitled to bail, if the Court postpones the operation of an order granting bail, it may amount to violation of the fundamental rights guaranteed under …

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Javed Gulam Nabi Shaikh vs State of Maharashtra 2024 INSC 645 – UAPA – Bail – Speedy Trial

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 …

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Manik Madhukar Sarve vs Vitthal Damuji Meher 2024 INSC 636 – S 439 CrPC – Bail

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 …

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Girish Gandhi vs State Of Uttar Pradesh 2024 INSC 617 – Bail – Surety

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 …

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Union Of India vs Mrityunjay Kumar Singh @ Mrityunjay @ Sonu Singh 2024 INSC 404 – Bail

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 …

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Ramayan Singh vs State Of Uttar Pradesh 2024 INSC 323- Bail

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, …

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