An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court
3 years, 11 months ago

An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court

Live Law  

The Supreme Court has held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by policeIn this case, Kamlesh was accused of committing offences under Sections 406, 409, 420, 467, 468, 471, 477-A, 201, 120-B of Indian Penal Code and Section 5 of the Prize Chits Money Circulation Scheme, 1978 and Section 65 of the Information. The Supreme Court has held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by police In this case, Kamlesh was accused of committing offences under Sections 406, 409, 420, 467, 468, 471, 477-A, 201, 120-B of Indian Penal Code and Section 5 of the Prize Chits Money Circulation Scheme, 1978 and Section 65 of the Information and Technology Act. His application for default bail under Section 167 of the Code of Criminal Procedure on the ground that charge sheet was not filed within the prescribed period, was allowed by the High Court. While granting bail, the High Court held that the accused can be re-arrested after the charge sheet is filed.

Supreme Court Court Bail Charge Accused Released Bashir Charge Sheet Default Bail Kamlesh Sheet Supreme  rearrested  charge  bail  person  accused  sheet  supreme  high  grounds  released  default  filing  held  court

History of this topic

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
2 days, 12 hours ago

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest

Live Law  

The Supreme Court delivered several notable judgments in 2024 on the parameters for bail and powers of arrest. PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme Court Case Title : Arvind Kejriwal v. Directorate of Enforcement | 2024 LiveLaw 463 Coram : Justice Sanjiv Khanna and Justice …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
3 days, 8 hours ago

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court

Live Law  

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". Such reluctance exacerbates the burden on High Courts, where …

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
1 week ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
1 week, 3 days 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
1 week, 4 days 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
2 weeks, 6 days 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 …

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

For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court
3 weeks, 3 days ago

For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court

Live Law  

In a recent case, the Supreme Court observed that while considering the application for discharge, only that document is to be considered which forms part of the charge sheet, and not the ones which were never part of the charge sheet. Instead of quashing the same, the High Court directed the Trial Court to consider the decree of nullity and …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
4 weeks, 1 day 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 …

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet
1 month, 2 weeks ago

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet

Hindustan Times  

MUMBAI: Observing that the Central Bureau of Investigation failed to file a chargesheet within 60 days after arresting the accused, a special CBI court on Tuesday granted default bail to Central Goods and Services Tax superintendent Sachin Gokulka and two other co-accused, arrested by the agency earlier for allegedly threatening and demanding a bribe of ₹60 lakh from a Malad-based …

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
1 month, 2 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
2 months 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.

High Court Allows Bail Despite Lack of Forensic Report in NDPS Case
2 months ago

High Court Allows Bail Despite Lack of Forensic Report in NDPS Case

Live Law  

The Calcutta High Court has allowed the application for default bail in an NDPS matter to proceed despite the fact that the chargesheet was filed without a forensic report within the 180-day limit stipulated by the law. The court held that the petitioner became entitled to statutory bail upon expiry of the 180-day period, as the charge sheet was filed …

High Courts should not sit on bail pleas: Supreme Court
3 months, 1 week ago

High Courts should not sit on bail pleas: Supreme Court

The Hindu  

The Supreme Court on Friday held that a High Court must either relegate bail pleas to the trial court concerned then and there or promptly hear them on merits as the right to personal liberty was at stake. The top court was addressing the argument by the Central Bureau of Investigation that Mr. Kejriwal’s bail application must be sent back …

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
3 months, 1 week ago

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody

Live Law  

Reiterating that the pre-trial process itself shall not become punishment, the Supreme Court yesterday set aside a bail condition imposed by the Patna High Court to the effect that the bail bonds be furnished by the accused after completion of 6 months in custody from the date of the order. "We see no valid reason for the High Court to …

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial
3 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 …

A wave of SC verdicts declaw PMLA’s stringent bail provision
3 months, 3 weeks ago

A wave of SC verdicts declaw PMLA’s stringent bail provision

The Hindu  

A wave of Supreme Court judgments has seen the declawing of a stringent bail provision under the Prevention of Money Laundering Act while emphasising that liberty is the rule while jail is an exception. Justice Viswanathan, while granting bail to Jharkhand Chief Minister Hemant Soren’s aide Prem Prakash bail under the PMLA, explained that Section 45 cannot be used to …

Bail rule, jail exception even in PMLA cases, stresses SC
3 months, 3 weeks ago

Bail rule, jail exception even in PMLA cases, stresses SC

Hindustan Times  

The Supreme Court on Wednesday ruled that the principle “bail is the rule, and jail is the exception” applies even in cases under the stringent Prevention of Money Laundering Act, in a decision that seeks to safeguard against the erosion of liberty by overly restrictive interpretations of bail provisions under the harsh law that requires the proof of innocence, and …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
4 months ago

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order

Live Law  

The Orissa High Court has denied bail to a person, accused of committing economic offences, for misleading the Court with regard to an order passed by the Supreme Court so as to obtain an adjournment and by playing such fraud, to extend the period of liberty. The top Court stayed the order of the High Court and exempted the petitioner …

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

If Accused Given Bail In Multiple Cases Is Unable To Find Sureties, Condition Of Multiple Sureties Be Balanced With Article 21 : Supreme Court

Live Law  

The Supreme Court today held that if an accused, involved in multiple cases, is enlarged on bail and is unable to find multiple sureties, the court must balance the requirement of sureties with his right to personal liberty guaranteed under Article 21. In this case, the court found that the petitioner, despite securing bail in 13 cases registered across various …

Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales
4 months ago

Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales

Live Law  

The Supreme Court granted bail to principals of various schools and officer bearers of the Schools' Managing Committee in Jabalpur who were arrested for allegedly raising the fees and selling the books with different ISBN numbers. “Let the appellants be produced before the concerned Trial Court forthwith, who shall release them on bail, subject to the appellants giving bail-bonds in …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
4 months, 3 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 …

Supreme Court says an order granting bail can be put on hold only in exceptional cases
5 months ago

Supreme Court says an order granting bail can be put on hold only in exceptional cases

India Today  

The Supreme Court on Tuesday, while setting aside the order of the Delhi High Court, which stayed the bail granted in a money laundering case, held that bail orders should not normally be put on hold. Stay should be granted only in exceptional cases.” The bench in its 16-page judgment on a petition filed by Parvinder Singh Khurana, an accused …

Bombay High Court grants default bail to 2 PFI members
5 months, 1 week ago

Bombay High Court grants default bail to 2 PFI members

The Hindu  

A division bench of judges comprising, Justice Revati Mohite-Dere and Justice Gauri Godse of the Bombay High Court granted a default bail to Momin Moiuddin Gulam Hasan alias Moin Mistri and Asif Aminul Hussain Khan Adhikari who were accused of being the Popular Front of India members. On September 22, 2022, five men: Mazhar Mansoor Khan, Shaikh Sadik Isak Qureshi, …

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
5 months, 1 week ago

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court

Live Law  

Recently, the Supreme Court observed that where an order of bail does not furnish reasons behind the decision taken, there is a presumption of the non-application of mind. "Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of this …

Kavitha seeks ‘default bail’ in CBI case
5 months, 2 weeks ago

Kavitha seeks ‘default bail’ in CBI case

New Indian Express  

NEW DELHI: BRS leader K Kavitha on Monday submitted a default bail application before the Rouse Avenue Court contending that the Central Bureau of Investigation failed to file a complete chargesheet within the mandated 60-day investigation period in the Delhi excise policy-linked corruption case. Special Judge Kaveri Baweja has directed the central agency to file its response to the plea, …

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety
5 months, 3 weeks ago

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety

Live Law  

The Supreme Court on Monday expressed disappointment over an 'absurd' condition for bail imposed by the Patna High Court where the bail was granted to an accused on the condition that the victim of the offence should stand as his surety. The vacation bench of Justices JB Pardiwala and Ujjal Bhuyan was hearing a matter where the Patna High Court …

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape
6 months, 3 weeks ago

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused. Spotlighting the distinction between elaboration and improvisation with respect to …

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA
7 months, 1 week ago

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA

Live Law  

The Allahabad High Court on Tuesday granted 'default bail' to 11 alleged operatives of AQIS and JMB under Section 167 CrPC while holding the Special Court's orders extending the time to complete the investigation vis-a-vis the accused in the case as 'illegal', as the same was passed in their absence. Stressing the special court's duty to hear the accused persons …

S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court
7 months, 3 weeks ago

S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court

Live Law  

The Supreme Court on Wednesday observed that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court. “The observation that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the. “The observation that …

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment
7 months, 3 weeks ago

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment

Live Law  

The Supreme Court on Tuesday reserved the Judgment on the issue whether an accused in a money laundering case is required to fulfil the twin conditions for bail under Section 45 of the Prevention of Money Laundering Act when he executes a bond for appearance before the Special Court in pursuance of a summons issued to him.The Bench comprising Justices …

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
7 months, 3 weeks ago

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court

Live Law  

While denying bail to a man accused of murdering a person belonging to the marginalized community, the Madras High Court has stressed that while considering bail applications in connection with offenses under the SC/ST Act, the courts should refrain from granting bail merely based on period of detention. Selvakumar argued that the Special Court had granted bail to the co-accused …

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court
8 months, 3 weeks ago

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court

Live Law  

The Supreme Court held that a stricter approach regarding bail will be adopted regarding cases of custodial torture where police officers are involved.“It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution of India to invalidate an order granting bail to an accused. The Supreme Court held that a …

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial
9 months ago

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial

Hindustan Times  

The Supreme Court on Wednesday pulled up the Enforcement Directorate saying the central agency cannot keep on filing supplementary chargesheets and keep person in jail without trial. The remarks by a top court bench of justices Sanjiv Khanna and Dipankar Datta were made while taking exception to the agency filing four supplementary chargesheets in a money laundering case arising from …

Accused should get reasonable chance to fulfil bail conditions: Orissa HC
10 months ago

Accused should get reasonable chance to fulfil bail conditions: Orissa HC

New Indian Express  

CUTTACK: An accused should be given reasonable opportunity to fulfil the bail conditions when no time limit is specified while granting it, the Orissa High Court has held. A single judge bench of Justice V Narasingh gave the ruling in the case of one Bhisma Behera whose bail plea was rejected by the trial court after granting default bail as …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
10 months, 3 weeks ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Supreme Court Deprecates HC Order Granting Anticipatory Bail To Accused For Offering Compensation To Sexual Harassment Victim
11 months ago

Supreme Court Deprecates HC Order Granting Anticipatory Bail To Accused For Offering Compensation To Sexual Harassment Victim

Live Law  

The Supreme Court observed that anticipatory bail cannot be granted merely because the accused is willing to pay an interim compensation. Gavai and Sandeep Mehta found the challenged order, granting anticipatory bail to the involved accused, to be against the well-laid down principles of law. 1,00,000/- by way of demand draft drawn in favour of informant as ad interim victim …

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications
11 months ago

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications

Live Law  

The Supreme Court in a recent order directed all the courts to scrupulously follow the directions/guidelines issued by it for the expeditious delivery of judgments and disposal of the bail applications. A bench comprising Justices Bela Trivedi and Satish Chandra Sharma directed that High Courts should scrupulously follow the directions/ guidelines issued by the Supreme Court in various decisions. The …

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court
11 months, 1 week ago

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court

Live Law  

In a recent matter before the Kerala High Court, a single judge bench of Justice CS Dias held that an oral application made by the petitioner, who was accused under the NDPS Act would be sufficient to release him on statutory bail due to the failure of the Investigation Officer to file the final report on time. The petitioner submitted …

Supreme Court Annual Digest 2023-Code Of Criminal Procedure (CrPC)
11 months, 2 weeks ago

Supreme Court Annual Digest 2023-Code Of Criminal Procedure (CrPC)

Live Law  

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Curtailment of 15 days of police custody by any extraneous circumstances, act of God, an order of Court not being the handy work of investigating agency would not act as a restriction. 2023 LiveLaw 396 Section 156 - Police officer's power to investigate cognizable case Code of Criminal Procedure …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

High Courts, Session Courts Can Grant Limited Anticipatory Bail Even When FIR Is Registered In Another State: Supreme Court
1 year, 1 month ago

High Courts, Session Courts Can Grant Limited Anticipatory Bail Even When FIR Is Registered In Another State: Supreme Court

Live Law  

The Supreme Court today held that the Sessions Court or High Court that would have the power to grant interim/transit anticipatory bail, when the FIR is not registered within the territory of a particular State but in a different State. The Court observed : ".we hold that the Court of Session or the High Court, as the case may be, …

Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court
1 year, 1 month ago

Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court

Live Law  

A Division Bench of the Supreme Court recently, while setting aside the judgment of the Madhya Pradesh High Court, held that Section 362 of the Code of Criminal Procedure, 1973, which prohibits modification of a judgment or final order, will not be applicable in an order for refusal of bail. “An order for refusal of bail, however, inherently carries certain …

Trial Court Can't Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction, Sentence: Patna High Court
1 year, 2 months ago

Trial Court Can't Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction, Sentence: Patna High Court

Live Law  

The Patna High Court has ruled that after the District Appellate Court affirms the judgment of conviction and issues the sentence order, the trial court does not have the authority to grant bail to convicted individuals under Section 389 of CrPC. The petitioners had not surrendered after the conviction was affirmed by the District Appellate Court, and the revision application …

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter
1 year, 2 months ago

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter

Live Law  

The Chief Justice Of Gujarat High Court Sunita Agarwal on Thursday orally remarked that she is working out to end the ongoing practice in HC of issuing rule nisi in bail matters and posting those cases for hearing 2-3 weeks thereafter. She added that after 24 hours and 48 hours, the Public Prosecutor must be ready to argue on bail …

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court
1 year, 3 months ago

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court

Live Law  

The Kerala High Court on Wednesday reiterated that Section 438 of the Code of Criminal Procedure does not create an absolute bar in the grant of anticipatory bail to an accused alleged of raping a minor girl when no prima facie materials exist warranting the arrest of the accused.Section 438 excludes the grant of pre-arrest bail to offences under Sections …

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC
1 year, 3 months ago

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that the mere filing of an FSL report with the chargesheet in a NDPS case will not be a ground to cancel default bail granted to an accused.Justice Deepak Gupta observed, ".it is made clear that merely filing the FSL report along with the challan in itself will not be …

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order
1 year, 3 months ago

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order

Live Law  

In a recent order, the Supreme Court expressed surprise at an order passed by the Gujarat High Court granting bail to an accused in a murder case on the basis of a 'settlement' between him and the the original complainant. The Court raised questions about the appropriateness of allowing personal settlements in serious criminal cases of such magnitude and the …

Supreme Court Half Yearly Bail Digest 2023
1 year, 4 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court
1 year, 4 months ago

Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court

Live Law  

The Supreme Court, on Tuesday, indicated that courts should impose realistic conditions of bail considering the economic and social position of the undertrial prisons or else the act of grant of bail does not subserve its purpose. A Bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia observed the same while hearing a suo moto writ petition instituted for the …

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