Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court
4 hours, 23 minutes ago

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court

Live Law  

The Calcutta High Court has held that bail is an essential element of the criminal justice system as it affords a right to a fair trial to the accused in a criminal case. Justice Shampa Paul made these observations in a plea by a man accused under the POCSO act, against an order cancelling his bail issued by the trial court. Bail is an essential element of any criminal justice system, as it guarantees the right to a fair trial for the accused. Court noted that there is no observation that the accused had Misused his liberty by indulging in similar criminal activity, Interfered with the, course of trial, Attempted to tamper with evidence or witnesses, Threatened witnesses or indulged in similar activities which would hamper smooth conduct of trial and There is likelihood of his fleeing to another country.

Trial Bail Fair Trial Right Personal Liberty Accused Liberty  right  trial  guarantees  liberty  order  system  pocso  fair  criminal  accused  justice  element  bail  personal  essential  high

History of this topic

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
2 weeks, 5 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 …

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases
3 months, 3 weeks ago

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases

News 18  

The general principle of law is that the ‘bail is rule and jail is exception’, the Supreme Court observed on Wednesday, adding, that the rule applies even to money laundering cases under the Prevention of Money Laundering Act. The court’s remark came while a bench of Justices BR Gavai and KV Viswanathan was hearing a case involving one Prem Prakash, …

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 …

‘Bail is rule and jail is exception’: Supreme Court says the principle applies to UAPA cases also
4 months, 1 week ago

‘Bail is rule and jail is exception’: Supreme Court says the principle applies to UAPA cases also

Hindustan Times  

The Supreme Court on Tuesday, while granting bail to a man accused of harbouring suspected terrorists said that the legal principle “bail is the rule and jail is an exception” applies even to offences under special statutes like the Unlawful Activities Act. The Supreme Court said that even in cases with stringent bail conditions, the principle remains the same that …

‘Bail Is Rule’ for Offences Even Under Special Statutes: SC
4 months, 1 week 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 …

'Bail is rule' for offences even under special statutes like UAPA: Supreme Court
4 months, 1 week ago

'Bail is rule' for offences even under special statutes like UAPA: Supreme Court

The Hindu  

The legal principle 'Bail is 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 bail in deserving …

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA
4 months, 1 week ago

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA

India Today  

In a significant decision, the Supreme Court on Tuesday extended the “bail is the rule, jail is the exception” dictum to special laws like the Unlawful Activities Act. A bench of Justices AS Oka and Augustine George Masih said, “Allegations may be serious, but if courts deny bail in deserving cases, then it violates fundamental rights.” “When the case is …

Ruling on Sisodia calls for judicial reforms in bail process
4 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
4 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 …

Trial court judges afraid of granting bail in serious crimes: CJI DY Chandrachud
4 months, 3 weeks ago

Trial court judges afraid of granting bail in serious crimes: CJI DY Chandrachud

New Indian Express  

BENGALURU: Trial courts need to be encouraged to be more receptive to accommodating the concerns of people seeking liberty. Today, trial court judges are “playing it safe by not granting bail in very important issues or very serious crimes”, said Chief Justice of India DY Chandrachud here on Sunday. He said, “Increasingly, we are seeing in a lot of cases, …

Justice Ramkumar Reviews India's Latest Criminal Justice Law
9 months, 1 week ago

Justice Ramkumar Reviews India's Latest Criminal Justice Law

Live Law  

My comments: - This again is a welcome provision provided it is effective and foolproof. Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— orally, it shall be reduced to …

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 …

Calcutta High Court Again Grants Bail To Accused After Fresh Consideration On Supreme Court Directions, Says 'Human Liberty Is Most Valuable'
1 year, 6 months ago

Calcutta High Court Again Grants Bail To Accused After Fresh Consideration On Supreme Court Directions, Says 'Human Liberty Is Most Valuable'

Live Law  

While observing that human liberty is most valuable to every civilised human being, the Calcutta High Court recently reaffirmed its order granting bail to an accused. An earlier order granting bail to her was set aside by the Supreme Court and the matter was remanded back to the High Court for reconsideration. Liberty includes the right and opportunity to free …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I
1 year, 9 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Live Law  

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh - JJ; Union of India v. Thamisharasi 4 SCC 190 = 1995 KC 1189 - J. S. Verma, Sujata V. Manohar – JJ; Uday Mohanlal Acharya v. State …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VI
1 year, 10 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VI

Live Law  

Q.26 Is the requirement in the bail order and in the bail bond in a bailable offence that the accused should attend the court at the time and place specified therein, a bail condition? Q.27 Role, if any, of the State Government when an accused person who is granted bail executes a bond with or without sureties? that the accused …

A crucial push for civil liberty
2 years, 1 month ago

A crucial push for civil liberty

Hindustan Times  

In a democracy, the judiciary performs several functions. Therefore, Chief Justice of India Dhananjaya Y Chandrachud’s decision last week to prioritise matters of personal liberty and grant immediate hearing to petitions asking for bail is a laudable step. Justice Chandrachud said a full court meeting adopted a resolution to hear 10 bail matters and 10 transfer petitions each day of …

A New Hope For Personal Liberty: Bail Not Jail
2 years, 3 months ago

A New Hope For Personal Liberty: Bail Not Jail

Live Law  

It has been seventy-five years since the country got independence and it was Dr. BR Ambedkar who is known as the father of Indian Constitution. Liberty over deprivation On September 9, the Supreme Court granted bail to Kerala based journalist, Siddique Kappan who was in custody since October, 2020. There have been certain other recent instances where the Supreme Court …

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

Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court

Live Law  

The Delhi High Court has observed that the object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention.Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under …

Fortify the justice system to ensure bail is the norm
2 years, 4 months ago

Fortify the justice system to ensure bail is the norm

Hindustan Times  

The Supreme Court ’s intervention, in granting protection to Mohammed Zubair and Nupur Sharma, does not make for an understanding of the criminal justice administration in India, for not many citizens are fortunate enough to have effective legal representation and the benefit of being heard by libertarian judges in the jurisdiction of SC. On an earlier occasion too, the Chief …

'Bail Conditions Should Be Proportionate' : Supreme Court Says Blanket Order Restricting Zubair From Tweeting Is Unjustified
2 years, 4 months ago

'Bail Conditions Should Be Proportionate' : Supreme Court Says Blanket Order Restricting Zubair From Tweeting Is Unjustified

Live Law  

In the judgment in the Mohammed Zubair case, the Supreme Court held that the bail conditions imposed by the Courts, apart from bearing a nexus with the purpose of imposing them, ought to be proportional to the said purpose - thus striking a balance between the liberty of the accused and the enforcement of criminal justice. Case Title : Mohammed …

Out of bounds: The Hindu Editorial on the Supreme Court’s stand on bail conditions
2 years, 4 months ago

Out of bounds: The Hindu Editorial on the Supreme Court’s stand on bail conditions

The Hindu  

The Supreme Court has struck the right note by voicing its stern disapproval of the tendency among some courts to impose unusual conditions for bail. In the case of Samajwadi Party leader Azam Khan, the Allahabad High Court had granted interim bail in a ‘land-grabbing’ case, but made regular bail contingent on his fully cooperating with the measuring, walling and …

Cart before the horse: on bail law in India
2 years, 5 months ago

Cart before the horse: on bail law in India

The Hindu  

Two recent pronouncements, one a judicial order and another a public speech by the Chief Justice of India, have drawn attention to the manner in which bail law operates in the country. While the Supreme Court, in Satender Kumar Antil vs CBI, has sought to expand the scope for the grant of early bail to those arrested without sufficient cause, …

Explained: The laws governing bail in India and what changes does the Supreme Court want
2 years, 5 months ago

Explained: The laws governing bail in India and what changes does the Supreme Court want

Firstpost  

Lamenting that jails across the country were flooded with undertrial prisoners, the apex court urged the Centre to introduce reforms in the bail laws. It stated that bail applications should be disposed of within two weeks while those for anticipatory bail be decided within six weeks There can never be an impression that India is a police state, the Supreme …

Affirming the primacy of bail
2 years, 5 months ago

Affirming the primacy of bail

Hindustan Times  

An unfortunate facet of the Indian criminal justice system is the prolonged incarceration of people not convicted of any crime because of denial of bail. Despite four decades of Supreme Court jurisprudence stressing the importance of granting bail as a matter of practice and jail time only in exceptional circumstances, thousands of people continue to languish behind bars even as …

What is bail law in India?
2 years, 8 months ago

What is bail law in India?

India Today  

Bail is referred to as the temporary release of the accused in a criminal case in which the court has a trial pending and is yet to announce the judgement. Anticipatory Bail: Anticipatory bail falls under section 438 of CrPC by the session court or the high court. A person can apply for anticipatory bail when an individual finds out …

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

Live Law  

"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 …

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail
2 years, 11 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail

Live Law  

If the role attributed to the accused in an offence is prima facie less serious than the role attributed to the co-accused who have been granted the benefit of bail under S.438 CrPC and under S.439 CrPC, and if the accused is a first-time offender, then he deserves an opportunity to course-correct and the opportunity of bail cannot be denied …

'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

'Idea Is To Secure Individual Liberty Even If Convicted': Delhi High Court Directs Man To Do Community Service For Breaching Bail Condition

Live Law  

The idea is to secure personal liberty of individuals even if they are being convicted, remarked the Delhi High Court on Tuesday while directing a man to do one month community service at Sanjay Gandhi Animal Care Centre for breaching a bail condition.The bench of Justice Siddharth Mridul and Justice Anup J. Bhambhani directed one Shahrukh Ali to do the …

The courts must crack down on prolonged detentions, make bail the general rule
3 years, 1 month ago

The courts must crack down on prolonged detentions, make bail the general rule

Hindustan Times  

Irrespective of one’s views on the Aryan Khan case — and we believe that it is best left to the courts — it has thrown up a larger issue. Many hailed VR Krishna Iyer’s historic words — “bail is the rule and jail is an exception” — when they were pronounced. The police in the states have an even worse …

Prolonged Incarceration: Bombay High Court Grants Bail To Man Accused Of Being ISIS Recruit
3 years, 4 months ago

Prolonged Incarceration: Bombay High Court Grants Bail To Man Accused Of Being ISIS Recruit

Live Law  

The Bombay High Court on Monday granted bail to a young man from Parbhani District of Maharashtra, accused of taking an oath of allegiance to the banned terror organisation Islamic State and booked under the Unlawful Activities Act. A division bench of Justices SS Shinde and NJ Jamadar granted bail to Iqbal Ahmed Kabir Ahmed on merits and on the …

To protect personal liberty, enforce standardised parameters on bail
3 years, 5 months ago

To protect personal liberty, enforce standardised parameters on bail

Hindustan Times  

The death of 84-year-old Father Stan Swamy in custody has rekindled the debate on the scope of pre-trial detention. The courts have often stressed that personal liberty is humankind’s most valuable possession, and the law of bail has to find the balance between two conflicting demands — shielding society from criminals, and the presumption of innocence until proven guilty. In …

Recent Developments In Bail Jurisprudence
3 years, 6 months ago

Recent Developments In Bail Jurisprudence

Live Law  

The egalitarian maxim "Bail, not Jail" enunciated by Justice V. R. Krishna Iyer seemed to have got watered down in the past decades. Default Bail u/s 167 CrPC The proviso to Section 167 of the CrPC postulates: Provided that, The Magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period …

Liberty Is Important But Courts Must Consider Potential Threat To Witnesses, Victims While Granting Bail : Supreme Court
3 years, 7 months ago

Liberty Is Important But Courts Must Consider Potential Threat To Witnesses, Victims While Granting Bail : Supreme Court

Live Law  

The Supreme Court has reiterated that it is necessary for courts to consider the impact on the witnesses or victims in a criminal case while granting bail to an accused.Observing thus, the Supreme Court set aside an order of the Allahabad High Court which granted bail to an accused who was arrested under the U.P. The Supreme Court has reiterated …

Criminal Proceedings Are Not For Realization Of Disputed Dues, Reiterates Supreme Court
3 years, 9 months ago

Criminal Proceedings Are Not For Realization Of Disputed Dues, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that criminal proceedings are not for realization of disputed dues.A Criminal Court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant, and that too, without any trial, the bench comprising Justices Indira Banerjee and Krishna Murari observed.In this case, the Jharkhand High. A …

On Munnawar Faruqui, And Why Bail Not Jail Remains A Myth
3 years, 10 months ago

On Munnawar Faruqui, And Why Bail Not Jail Remains A Myth

Live Law  

Munnawar Faruqui was arrested by the Madhya Pradesh police for allegedly making obscene jokes about deities and politicians, in a case registered against him and some others which invoked offences such as Section 295-A IPC that are cognizable and non-bailable. Understanding the Twin Pillars of Bail Law The foundations of bail law in India rest on twin pillars: First, the …

Bail Is Not A Licence For Committing Any Number Of Crimes: Karnataka High Court
3 years, 11 months ago

Bail Is Not A Licence For Committing Any Number Of Crimes: Karnataka High Court

Live Law  

The Karnataka High Court has said that the right to claim bail under section 436 of Criminal Procedure Code becomes circumscribed when an accused repeatedly commits bailable offence/s. Justice SREENIVAS HARISH KUMAR said "A person being on bail in relation to a bailable offence and applies for bail having again committed a bailable offence cannot as a matter of right …

'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

'Duty Of Court To Protect Personal Liberty': Karnataka High Court Cites SC Order In Arnab Goswami Case To Grant Bail To TV Channel MD

Live Law  

The Karnataka High Court has cited the recent order passed by the Supreme Court in Arnab Goswami's case to grant anticipatory bail to Rakesh Shetty, Managing Director and Editor of Power TV in an alleged case of extortion.The extortion case was registered by the Bengaluru police against Shetty after his channel ran a series of reports raising corruption allegations against …

Not Mandatory To Hear Victim While Considering Rape Accused's Plea For Default Bail: Kerala HC [Read Order]
4 years, 3 months ago

Not Mandatory To Hear Victim While Considering Rape Accused's Plea For Default Bail: Kerala HC [Read Order]

Live Law  

The Kerala High Court has held that provision contained in Section 439 of the Code of Criminal Procedure does not apply to an application for bail under Section 167 CrPC.As per Section 439 CrPC, the presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the …

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