Bail

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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A Duraimurugan Pandiyan Sattai @ Duraimurugan vs State – Cancellation Of Bail

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 …

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Ashok Sandeep Singh vs State Of Uttar Pradesh SLP(Crl) 3314 Of 2024 – Bail – Surety Amount Unreasonably High

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 …

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Ram Murti Sharma vs State Of Uttar Pradesh 2024 INSC 250 – Bail

Bail – Appeal against HC order granting bail to murder accused allowed – Setting aside bail order, SC observed: the High Court merely noticing the arguments raised primarily by the counsel for the respondent no.2 has directed for his release on bail, which cannot be legally sustained

State of Jharkhand vs Sandeep Kumar 2024 INSC 179 – Bail – Police Officer As Accused

Bail – The considerations that would normally weigh with the Court while dealing with a bail petition are the nature and seriousness of the offence; the character of the evidence; circumstances which are peculiar to the accused; a reasonable possibility of the presence of the accused not being secured at the trial; reasonable apprehension of …

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K Zakir Hussain vs State SLP(Crl) 2612 Of 2024 – Bail

Bail – Special Leave Petition challenging the direction in Bail order for recovery of the allegedly swindled sum (public money) dismissed – Distinguished Ramesh Kumar vs. State of NCT of Delhi reported in (2023) 7 SCC 461 – the petitioner himself obtained the order for deposit of the allegedly swindled sum of Rupees Thirty Lakhs …

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Himanshu Sharma vs State Of Madhya Pradesh 2024 INSC 139 – Cancellation of Bail

Bail – Cancellation of Bail – Considerations for grant of bail and cancellation thereof are entirely different. Bail granted to an accused can only be cancelled if the Court is satisfied that after being released on bail, (a) the accused has misused the liberty granted to him; (b) flouted the conditions of bail order; (c …

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