Constitutional Duty Of Court To Prevent Arbitrary Deprivation Of Personal Liberty By Excess Of State Power: High Court In Delhi Riots Case
2 years, 11 months ago

Constitutional Duty Of Court To Prevent Arbitrary Deprivation Of Personal Liberty By Excess Of State Power: High Court In Delhi Riots Case

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"It is the Constitutional duty of the Court to ensure that there is no arbitrary deprivation of personal liberty in the face of excess of State power," observed the Delhi High Court while granting bail to 6 accused persons in a riots case. "Bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to rightful regulation of the same by validly enacted legislation. 149 IPC as laid down by the Supreme Court, it is not that each accused or the role played by each accused has to be shown at least at the time of arguing bail application. Accordingly, the Court also observed thus: "Bail jurisprudence attempts to bridge the gap between the personal liberty of an accused and ensuring social security remains intact.

History of this topic

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court
11 hours, 6 minutes ago
If Accused Given Bail In Multiple Cases Is Unable To Find Sureties, Condition Of Multiple Sureties Be Balanced With Article 21 : Supreme Court
4 months ago
The top court as custodian of liberties
4 months, 1 week ago
Ruling on Sisodia calls for judicial reforms in bail process
4 months, 2 weeks ago
Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage
4 months, 2 weeks ago
​Arrest and liberty: On the ED’s actions
5 months ago
Every day counts in matter of personal liberty: Top court urges swift bail verdict
7 months, 1 week ago
Delhi riots: Court refuses bail to former AAP councillor Tahir Hussain
8 months, 3 weeks ago
Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
1 year, 2 months ago
The primacy of liberty
1 year, 5 months ago
Personal liberty of undertrial can’t be curtailed for indefinite period: Delhi HC
1 year, 6 months ago
Calcutta High Court Invokes Powers Under Article 226 Constitution To Cancel Bail Of Woman's In-Laws For Prima Facie Torture
1 year, 10 months ago
Personal Liberty Cannot Be Curtailed On Mere Suspicion And Half-Baked Investigation: Madras HC Grants Bail To PMLA Accused
2 years ago
A crucial push for civil liberty
2 years, 1 month ago
A New Hope For Personal Liberty: Bail Not Jail
2 years, 3 months ago
Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court
2 years, 4 months ago
'Bail Conditions Should Be Proportionate' : Supreme Court Says Blanket Order Restricting Zubair From Tweeting Is Unjustified
2 years, 4 months ago
'Magistrates Should Not Curtail Personal Liberty In A Casual Manner' : Justice Deepak Gupta | Full Text Of Interview
2 years, 5 months ago
"Every Day Of Freedom Matters": Delhi High Court Modifies Condition For Suspension Of Sentence To Personal Bond For Convict Unable To Furnish Surety
2 years, 5 months ago
Matters Regarding Personal Liberty To Be Dealt Cautiously, Balance To Be Struck Between Respect For Fundamental Rights & Fair Investigation: Delhi HC
2 years, 6 months ago
Custodial Interrogation An Effective Method Of Crime Solving But Personal Liberty Has To Be Balanced: Delhi HC Grants Pre-Arrest Bail In Cheating Case
2 years, 8 months ago
"Fundamental Right To Protest Peacefully Exceeded Intentionally": Delhi Court Denies Bail To 8 Accused Of Vandalizing Arvind Kejriwal's Residence
2 years, 8 months ago
Online Cheating & Fraud Rampant But Court Can't Remiss In Performing Duty To Uphold Liberty: Delhi High Court Grants Bail To Four
3 years ago
Delhi Riots: HC Denies Bail To Two Men Accused Of Being Part Of Mob That Killed Muslim Men, Says Possibility Of Them Threatening Sole Public Witness
3 years ago
'Idea Is To Secure Individual Liberty Even If Convicted': Delhi High Court Directs Man To Do Community Service For Breaching Bail Condition
3 years ago
"Bail Application Under Stringent Law Like UAPA Should Not Be Dismissed Due To Technical Mistakes": Riots Accused Tells Delhi Court
3 years, 3 months ago
Delhi Riots: Court Grants Bail To Man Already Released In Similar FIRs; Says His Right To Defend Himself Shall Get Prejudiced If Bail Not Granted
3 years, 3 months ago
Delhi Riots Cases : Can Liberty Of All The Accused Be Curtailed Till Trial Ends? Delhi High Court Asks Police
3 years, 4 months ago
'Fine Balance To Be Maintained Between Societal Interest & Personal Liberty Of Accused' : NIA Court While Rejecting Anand Teltumbde's Bail Plea
3 years, 5 months ago
To protect personal liberty, enforce standardised parameters on bail
3 years, 5 months ago
Trial Court Must Expeditiously Decide On Release Of Student Activists Granted Bail In Riots Case : Delhi High Court
3 years, 6 months ago
"His Identification Before Trial Court And This Court Is At Variance": Delhi High Court Grants Bail To Riots Accused
3 years, 6 months ago
Delhi riots: Court grants bail to man for 'humongous delay' in witness statement
3 years, 7 months ago
Liberty Is Important But Courts Must Consider Potential Threat To Witnesses, Victims While Granting Bail : Supreme Court
3 years, 7 months ago
"No Citizen Can Have Unfettered Liberty To Celebrate Republic Day As The Petitioner Did": Delhi Court Denies Bail To Man Who Carried Big Sword At Red Fort During Farmers Protest
3 years, 8 months ago
Citizens Can't Be Put Behind Bars Simply Because They Disagree With State Policies : Delhi Court In Disha Ravi Bail Order
3 years, 10 months ago
Delhi riots: Court grants bail to five accused in two cases
3 years, 11 months ago
Delhi Riots: Court Grants Bail to Accused in Vandalism and Arson Case
4 years ago
Delhi Riots-Police Version That 'Muslim Rioter Rubbing Shoulders With Hindu Rioters To Kill Muslim Boy' Doesn't Appeal To Senses: Delhi Court Grants Bail
4 years ago
High Courts Have Power To Grant Bail By Invoking Article 226 In Suitable Cases: Supreme Court
4 years ago
'Duty Of Court To Protect Personal Liberty': Karnataka High Court Cites SC Order In Arnab Goswami Case To Grant Bail To TV Channel MD
4 years, 1 month ago
Delhi Riots: Personal Liberty Of Little Value If Larger Interests Are At Stake Bail, Says Delhi HC In Cancelling The Bail Granted To Faisal Farooq [Read Judgment]
4 years, 1 month ago
Prosecution In Delhi Riots Case (Courts Must Call Its Friends To Protect This Prosecution)
4 years, 4 months ago
Accused Cannot Be Kept In Custody Only On A 'Hunch' That He Will Impede Trial Or To Send A Message To Society : Delhi HC
4 years, 4 months ago

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