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 »
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 …
K Zakir Hussain vs State SLP(Crl) 2612 Of 2024 – Bail Read More »
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 …
Himanshu Sharma vs State Of Madhya Pradesh 2024 INSC 139 – Cancellation of Bail Read More »
Bail Applications -To avoid any confusion in future it would be appropriate to mandatorily mention in the application(s) filed for grant of bail: (1) Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided. (2) Details of any bail application(s) filed by the petitioner, which …
Prevention of Money Laundering Act, 2002 ; Section 45 First Proviso -The use of the expression “may be” in the first proviso to Section 45 clearly indicates that the benefit of the said proviso to the category of persons mentioned therein may be extended at the discretion of the Court considering the facts and circumstances …
Saumya Chaurasia vs Directorate of Enforcement 2023 INSC 1073 – S 45 PMLA – Bail Read More »