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 …
Bail – In cases where the accused is a part of the police force and the allegation is that of custodial death, having regard to the overall influence a member of a police force may wield in connection with a case against them pertaining to custodial death, a stricter view is to be taken on …
Ajay Kumar Yadav vs State Of UP SLP(Crl) 9816 Of 2023 – Bail Read More »
Bail – SLP against order of Orissa HC that imposed a bail condition as follows: The accused shall not be involved in any political activities, directly or indirectly – Setting aside this condition, SC observed: such condition would breach the fundamental rights of the appellant and no such conditions could have been imposed.
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
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 …
State of Jharkhand vs Sandeep Kumar 2024 INSC 179 – Bail – Police Officer As Accused Read More »