Section 439 CrPC

“Bail is rule, jail is exception”

Many Supreme Court and High Court judgments contain this observation. Justice VR Krishna Iyer said thus in State Of Rajasthan vs Balchand @ Baliay AIR 1977 SC  2447. Last year, in Arnab Manoranjan Goswami v. State of Maharashtra 2021 (2) SCC 427, Justice DY Chandrachud (now CJI) commented about the judgment in Balchand (supra) [Notice the footnote particularly ]   This Court, time and …

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Can Bail Be Denied Merely Because Accused Are Natives Of Other States?

In Harjeet Chandok @ Harjeet Singh vs State Of Karnataka, the Sessions Court has rejected the bail application on the sole ground that the accused have not produced the address proof of their native place. The Karnataka High Court, while allowing their bail plea, observed that ‘the petitioners are natives of some other State itself …

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