Supreme Court: No time frame for pre-arrest
5 years, 2 months ago

Supreme Court: No time frame for pre-arrest

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday said that grant of pre-arrest or anticipatory bail to an accused apprehending arrest should not “invariable” be saddled with any time frame as it refused to interfere with the scheme under the Code Criminal Procedure as framed by the parliament. It should inure in favour of the accused without any restriction on time,” said a five-judge Constitution Bench of the top court. Having held that no time limit could be attached to the grant of anticipatory bail, the Bench in its conclusion said, “Normal conditions under Section 437 read with Section 438 should be imposed. If there are specific facts or features in regard to any offence, it is open for the court to impose any appropriate condition led to the enactment of Section 438”, Justice Bhat said in his separate but concurring judgment.

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History of this topic

"Grounds Of Arrest Informed After 7 Hrs": P&H HC Declares Arrest Illegal, Says Grounds Must Be Conveyed To Accused In A Meaningful Manner
5 days, 22 hours ago

"Grounds Of Arrest Informed After 7 Hrs": P&H HC Declares Arrest Illegal, Says Grounds Must Be Conveyed To Accused In A Meaningful Manner

Live Law  

The Punjab & Haryana High Court declared the arrest of a music producer illegal, as the grounds for arrest were not provided to him at the time of his arrest. This is reinforced by the fact that the Warrant Officer was not provided with a copy of the FIR or the memo of arrest of the detenu when he arrived …

Custody Of Two Years and Four Months The New Norm For Bail In PMLA Cases?
1 week, 3 days ago

Custody Of Two Years and Four Months The New Norm For Bail In PMLA Cases?

Live Law  

Bail in cases registered under the Prevention of Money Laundering Act, 2002 is granted under Section 45 of the Act which requires two conditions to be satisfied. Section 479 BNSS and PMLA Existence of a scheduled/predicate offence is a pre-requisite for the offence of money laundering, as has been clarified by the Supreme Court in multiple cases, including in the …

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case
1 week, 6 days ago

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case

Live Law  

The Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity. Single judge Justice T. Mallikarjuna Rao also observed, “The anticipatory bail, the extraordinary privilege, should be granted only …

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police
1 month ago

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police

Live Law  

The Supreme Court on Friday deprecated the conduct of Chattisgarh police in applying the stringent provisions of the Unlawful Activities Prevention Act against an accused soon after he was granted interim protection from arrest in another case. The Court noted in its order that after service of notice of the present case, the SDPO of the police station suddenly applied …

Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments
1 month ago

Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments

Live Law  

The Supreme Court has overruled its previous decisions which held that anticipatory bail applications were not maintainable with respect to offences under the Goods and Services Tax Act.A three-judge bench comprising Chief Justice of India Sanjiv Khanna, Justice MM Sundresh and Justice Bela Trivedi overruled the two-judge bench judgments in State of Gujarat v. Choodamani Parmeshwaran Iyer. The Supreme Court …

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC
1 month ago

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC

New Indian Express  

NEW DELHI: In a significant verdict, the Supreme Court on Thursday held that the provision of anticipatory bail is applicable to the Goods and Services Act and customs law and persons can move courts for pre-arrest bail even if an FIR is not in place. A bench comprising Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi …

Delhi court to decide on AAP Amanatullah Khan's pre-arrest bail plea on Feb 25
1 month ago

Delhi court to decide on AAP Amanatullah Khan's pre-arrest bail plea on Feb 25

Hindustan Times  

New Delhi, A Delhi court would on February 25 pass an order on the anticipatory bail plea of A MLA Amanatullah Khan, booked over the recent attack on a Delhi Police team at Jamia Nagar in the national capital. Delhi court to decide on AAP Amanatullah Khan's pre-arrest bail plea on Feb 25 Special judge Jitendra Singh, who had on …

Detention Of Accused For More Than 6 Years As 'Undertrial' Is Infringement Of Right To Speedy Trial: Orissa High Court
1 month, 1 week ago

Detention Of Accused For More Than 6 Years As 'Undertrial' Is Infringement Of Right To Speedy Trial: Orissa High Court

Live Law  

The Orissa High Court has held that detention of an accused as an undertrial for more than six years can be considered as violation of right to speedy trial as guaranteed under Article 21 of the Constitution. While granting bail to a person accused of duping gullible investors of crores of rupees, the Single Bench of Justice Gourishankar Satapathy observed …

Grounds Of Arrest Served To Accused After Four Minutes Of Actual Arrest Is Not Unreasonable: Bombay High Court
1 month, 2 weeks ago

Grounds Of Arrest Served To Accused After Four Minutes Of Actual Arrest Is Not Unreasonable: Bombay High Court

Live Law  

The Bombay High Court on Wednesday held that conveying grounds of arrest within four minutes of arresting an individual was 'reasonable' and the same does not violate any fundamental right of the accused. The JMFC in its order noted that the accused was served with his grounds of arrest, four minutes after his 'actual arrest' and this breached his fundamental …

Arrest Illegal If Reasons Not Informed; When Art 22(1) Is Violated, Court Must Grant Bail Despite Statutory Restrictions : Supreme Court
1 month, 3 weeks ago

Arrest Illegal If Reasons Not Informed; When Art 22(1) Is Violated, Court Must Grant Bail Despite Statutory Restrictions : Supreme Court

Live Law  

Noting that informing an arrested individual of the grounds for their arrest is a fundamental right under Article 22 of the Constitution, the Supreme Court today stressed that this information must be conveyed clearly and effectively. The Court also emphasized the magistrate's duty to ensure compliance with Article 22 during remand, noting that any violation could warrant the person's release …

Furnishing Grounds Of Arrest Just An Hour Before Remand Hearing Not Compliance Of Section 50 CrPC: Delhi High Court
1 month, 3 weeks ago

Furnishing Grounds Of Arrest Just An Hour Before Remand Hearing Not Compliance Of Section 50 CrPC: Delhi High Court

Live Law  

The Delhi High Court has observed that furnishing grounds of arrest in writing to an arrestee just about an hour before the remand hearing cannot be due or adequate compliance of the requirements of Section 50 of CrPC.The provision mandates that grounds of arrest must be communicated to an arrestee “forthwith” upon the arrest of a person.Justice Anup Jairam Bhambhani …

'Once Arrest Is Found Illegal, Duty Of Court To Release Accused On Bail' : Supreme Court Rejects ED Appeal
1 month, 4 weeks ago

'Once Arrest Is Found Illegal, Duty Of Court To Release Accused On Bail' : Supreme Court Rejects ED Appeal

Live Law  

The Supreme Court recently declared the arrest by the Enforcement Directorate as illegal and unconstitutional because the agency failed to secure the presence of the arrestee before the magistrate within 24 hours of the arrest. The arrestee was detained on 5th March 2022 at 11 AM at IGI Airport, Delhi by the Immigration Bureau in view of the Look Out …

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
2 months, 1 week ago

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the rights of an accused enshrined under Article 21 of the Constitution of India prevail over the restrictions on grant of bail mentioned under Section 37 of the Narcotic Drugs And Psychotropic Substances Act, 1985. “I am of the view that the restrictions given under section 37 of NDPS Act cannot take precedence …

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail
Trending News
2 months, 1 week ago

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail

The Hindu  

The Supreme Court on Tuesday asked Delhi Police to respond to a plea filed by former Councillor and Delhi riots accused Tahir Hussain, who has sought interim bail to campaign for the upcoming Delhi Assembly polls. Senior advocate Siddharth Aggarwal, appearing for Mr. Hussain, submitted the former Councillor was in custody for over four years and inciting a mob during …

Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case
2 months, 2 weeks ago

Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case

Live Law  

The Delhi High Court has ruled that the right to speedy trial derived from Article 21 of the Constitution of India is not a “free-pass” for every undertrial, demanding to be enlarged on bail regardless of the criminal antecedents and the nature of the offence.Justice Anup Jairam Bhambhani said that where there are grave criminal antecedents, the larger interests of …

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail
2 months, 2 weeks ago

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail

Live Law  

The Supreme Court reaffirmed that Courts must exercise caution when granting interim protection to the accused while deciding anticipatory bail pleas. While holding so, the Court expressed disapproval of the High Court's decision to grant the accused the liberty to join the investigation while the anticipatory bail plea was pending and to order their release on ad-interim bail in the …

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months, 2 weeks ago

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea

Live Law  

The Supreme Court today issued notice on the anticipatory bail plea of ex-IAS probationary officer Puja Khedkar, who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022. However, Senior Advocate Siddharth Luthra pointed out that the Delhi High Court has given very strong findings in the impugned order, indicting Khedkar …

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
Trending News
2 months, 2 weeks ago

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order

Live Law  

The Delhi Police on Tuesday opposed the plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. ASG Chetan Sharma, along with SPP Rajat Nair appeared for the Delhi …

Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time'
2 months, 2 weeks ago

Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time'

Hindustan Times  

New Delhi, A court here has granted anticipatory bail to a man accused of raping a divorced woman on the pretext of marriage, noting that the woman was not prompt in reporting the alleged offence and that the accused’s custodial interrogation was not required. Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time' Additional Sessions …

Top court warns against interfering in bail orders
2 months, 3 weeks ago

Top court warns against interfering in bail orders

Hindustan Times  

New Delhi The Supreme Court has delivered a strong message on judicial consistency, cautioning that it cannot “preach one thing and practice another” when dealing with bail orders. The appeal, filed by the complainant in a cheating case, sought to overturn the high court’s October 2024 decision granting bail to the accused. This observation reflects the apex court’s growing emphasis …

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused
2 months, 3 weeks ago

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused

Live Law  

The Supreme Court held that when a special law imposes an embargo on the grant of bail, then the Courts must exercise the power to grant bail subject to the conditions specified under the special provision.While holding so, the bench comprising Justices CT Ravikumar and Sanjay Karol set aside the bail granted to an accused charged under the Maharashtra Control …

Absconding accused entitled to default bail, says HC
3 months ago

Absconding accused entitled to default bail, says HC

Hindustan Times  

MUMBAI: The Bombay high court has ruled that an absconding accused is entitled to default bail even if a charge-sheet has been filed against other accused in the case prior to his arrest. A single judge bench of justice NJ Jamadar dissented with a 2006 judgement by another single judge bench which held that an absconding accused could not claim …

Delhi HC denies anticipatory bail to ex- IAS trainee Puja Khedkar
3 months, 1 week ago

Delhi HC denies anticipatory bail to ex- IAS trainee Puja Khedkar

New Indian Express  

NEW DELHI: The Delhi High Court on Monday refused to grant anticipatory bail to former IAS probationer Puja Khedkar who has been accused of cheating and wrongly availing of OBC and disability quota benefits in the civil services examination. Ruling that a strong prima facie case was made out against Khedkar, Justice Chandra Dhari Singh said investigation was required to …

Speedy trial takes precedence over anti-terror law provisions: SC
3 months, 1 week ago

Speedy trial takes precedence over anti-terror law provisions: SC

Hindustan Times  

New Delhi The Supreme Court on Tuesday ruled that the constitutional right to a speedy trial would have precedence over the stringent provisions of laws such as the Unlawful Activities Act, emphasising that courts cannot let individuals languish in jail indefinitely. A bench of justices Abhay S Oka and AG Masih held that prolonged incarceration without trial constitutes a violation …

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
3 months, 2 weeks ago

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court

Live Law  

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities, 1967 on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of …

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
3 months, 2 weeks ago

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine

India Today  

The Supreme Court said it would revisit the question whether failure to provide the grounds of arrest would lead to bail or release of the accused in all cases. The court's decision came during the hearing of a plea filed by Mihir Shah, the main accused in the high-profile BMW hit-and-run case in Mumbai's Worli. Earlier this month, Mihir Shah …

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
3 months, 3 weeks ago

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court

Live Law  

The Supreme Court has observed that in serious offences like murder, rape, dacoity etc., bail applications of the accused should not be ordinarily entertained by the Trial Courts and the High Courts. "Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or …

Supreme Court Judgment In 'Arvind Kejriwal' Requiring ED To Supply 'Reasons To Believe' To Arrestee Cannot Apply Retrospectively: Delhi HC
3 months, 3 weeks ago

Supreme Court Judgment In 'Arvind Kejriwal' Requiring ED To Supply 'Reasons To Believe' To Arrestee Cannot Apply Retrospectively: Delhi HC

Live Law  

The Delhi High Court has held that the condition of supplying the “reasons to believe” by ED to a person arrested under PMLA as a separate document as per Supreme Court's ruling in Arvind Kejriwal case ought to be applied prospectively. On July 12, the Supreme Court, while granting bail to Kejriwal in the liquor policy case, had held that …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 3 weeks ago

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

Live Law  

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. It was his case that the accused had approached the Sessions Court by concealing the factum of criminal antecedents of two previous cases, …

Fix time for completion of trials, but denying bail no solution, SC tells HCs
4 months ago

Fix time for completion of trials, but denying bail no solution, SC tells HCs

New Indian Express  

NEW DELHI: The Supreme Court has expressed strong displeasure after discovering that High Courts have been denying bail to people incarcerated for long periods. A two-judge bench of Justices Abhay S. Oka and Augustine George Masih observed, “Every day we notice that in several orders passed by different High Courts while rejecting the bail applications, in a routine manner, the …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
4 months ago

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials

Live Law  

The Supreme Court on Monday granted bail to a man accused of counterfeiting currency who had been incarcerated for two years and six months invoking the principle that “bail is the rule and jail is the exception.” “Appellant has undergone incarceration for a period of two and a half years. After rejecting the prayer for bail the courts cannot provide …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
4 months, 1 week ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Even single day's delay in deciding bail plea adversely affects fundamental rights of citizens: SC
4 months, 3 weeks ago

Even single day's delay in deciding bail plea adversely affects fundamental rights of citizens: SC

New Indian Express  

NEW DELHI: Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens. "It has been observed by this court even a single day delay in deciding the bail application adversely affects the fundamental rights of the citizens," …

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
4 months, 3 weeks ago

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months, 1 week ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

Delhi High Court extends interim protection from arrest for Puja Khedkar
6 months ago

Delhi High Court extends interim protection from arrest for Puja Khedkar

The Hindu  

The Delhi High Court on Thursday extended till October 4 the interim protection from arrest granted to former IAS probationer Puja Khedkar in the criminal case lodged against her for alleged cheating and wrongly availing OBC and disability quota benefits in civil services examination. While the Delhi Police lawyer said the investigating agency is "never under media pressure", UPSC's senior …

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct
6 months, 2 weeks ago

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct

The Hindu  

A two-member Bench of the Supreme Court that granted bail to Delhi Chief Minister Arvind Kejriwal in the Delhi excise policy case was divided on the legality of his arrest by the CBI on corruption charges soon after he was given regular bail in connection with money-laundering charges. After the benefit was given to the co-accused, including Delhi’s Deputy Chief …

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial
6 months, 2 weeks ago

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial

Live Law  

The Supreme Court recently granted bail to an undertrial prisoner in custody for over four years, considering the delay in the trial. "An accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would …

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
6 months, 2 weeks ago

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains

Live Law  

The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice. The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, …

Supreme Court reserves order on Kejriwal’s bail plea in CBI case
6 months, 3 weeks ago

Supreme Court reserves order on Kejriwal’s bail plea in CBI case

Hindustan Times  

The Supreme Court on Thursday reserved its verdict on Delhi chief minister Arvind Kejriwal’s petition challenging his arrest in connection with the now scrapped excise policy, observing that its judgment would be carefully framed to obviate demoralising subordinate judiciary while contributing to the evolution of criminal law. “Snakes and ladders” with bail The day-long hearing on Thursday witnessed intense exchanges …

Delhi HC extends interim protection from arrest to Puja Khedkar till Sept 5
7 months ago

Delhi HC extends interim protection from arrest to Puja Khedkar till Sept 5

Hindustan Times  

The Delhi high court on Thursday extended interim protection from arrest granted to suspended probationary Indian Administrative Service officer Puja Khedkar in a case registered against her for fraudulently availing attempts in the Union Public Services Commission examination beyond the permissible limit by faking her identity, till September 5. Khedkar had approached the Delhi high court against the city court’s …

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty
7 months ago

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty

The Hindu  

The Bombay High Court on Tuesday urged lower courts to be prompt in resolving anticipatory bail applications to safeguard the liberty of citizens. The High Court expressed displeasure over the slow handling of a pre-arrest bail petition by a sessions court in Kalyan in Thane district of Maharashtra. A single Bench of Judge Sandeep V. Marne was hearing an appeal …

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
7 months ago

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC

New Indian Express  

MUMBAI: The Bombay High Court on Tuesday said when the question of liberty of a citizen is involved, it is necessary that the lower courts take up and decide applications seeking anticipatory bail either finally or at least for grant of interim protection in an expeditious manner. If the lower courts do not decide such matters, then the high court …

UAPA no exception to the rule on bail
7 months, 2 weeks ago

UAPA no exception to the rule on bail

Hindustan Times  

Time and again, the Supreme Court has pronounced that bail is the rule and jail the exception. The fact is that the UAPA, which was meant to be an anti-terror law, has been crafted in such a way that conditions that ordinarily merit grant of bail do not suffice. In February this year, the SC, in another matter where it …

SC denies immediate bail to Kejriwal, seeks CBI’s reply
7 months, 2 weeks ago

SC denies immediate bail to Kejriwal, seeks CBI’s reply

Hindustan Times  

New Delhi The Supreme Court on Wednesday denied immediate interim bail to Delhi chief minister Arvind Kejriwal, who is under arrest in connection with the Delhi excise policy case, even as it sought a response from the Central Bureau of Investigation before taking up the matter on August 23. Kejriwal has been in custody since March 21 following his arrest …

‘Bail Is Rule’ for Offences Even Under Special Statutes: SC
7 months, 2 weeks ago

‘Bail Is Rule’ for Offences Even Under Special Statutes: SC

Deccan Chronicle  

New Delhi: The legal principle 'Bail is the rule, jail is an exception' is applicable to offences even under special statutes like the Unlawful Activities Act, the Supreme Court on Tuesday ruled while granting bail to a man accused under the stringent anti-terror law. A bench of justices Abhay S Oka and Augustine George Masih said if courts start denying …

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea
7 months, 2 weeks ago

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea

Live Law  

The Delhi High Court on Monday granted interim protection from arrest till August 21 to former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022.Justice Subramonium Prasad issued notice on Khedkar's anticipatory bail plea and sought response of Delhi. The Delhi High Court on …

Ruling on Sisodia calls for judicial reforms in bail process
7 months, 2 weeks ago

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

New Delhi The Supreme Court verdict granting bail to former Delhi deputy chief minister Manish Sisodia in connection with the Delhi excise policy case marks a critical precedent, particularly in high-profile cases where gravity of charges and prolonged incarceration has been used as tools to deny individuals their right to liberty. The court observed that in many instances, both trial …

Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage
7 months, 2 weeks ago

Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage

The Hindu  

The Supreme Court judgment granting bail to former Deputy Chief Minister of Delhi, Manish Sisodia, revived a well-settled but endangered principle that ‘jail and not bail is the exception’, even in economic offence cases. Viswanathan did not mince words while saying that High Courts and trial courts nowadays prefer to “play safe” and deny bail even if the case is …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 4 weeks ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

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