[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 shall attend the Police Officer or the Court on every day on which any investigation into the charge is made or any inquiry or trial on such charge is held and in the event of the accused making any default, he shall forfeit to the Government the sum specified by the Court. In the very same bail bond there is an independent contract executed by the sureties, if any, to the effect that in case the accused for whom they stand as sureties, commit any default in appearing before the Police Officer or the Court, each of them shall forfeit to the Government the sum specified by the Court.

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History of this topic

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court
10 hours, 57 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 …

Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader
3 days, 12 hours ago

Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader

Live Law  

The Karnataka High Court on Friday granted interim bail and directed immediate release from custody of BJP Legislator C T Ravi, who was arrested for allegedly using derogatory words against Congress Legislator Laxmi Hebbalkar inside the State Council, at Belagavi. It said “I am of the opinion that prima facie case is made out by the petitioner for his release …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
1 week, 2 days ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024

Live Law  

Supreme Court: Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. Jammu & Kashmir High Court: Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court Case Title: Ajeet Kumar Vs UT Of J&K Citation: 2024 LiveLaw 320 Criticising the growing trend of directly approaching the High Court …

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

Elgar Parishad case: KKM activist Sagar Gorkhe gets bail for law exam
1 week, 3 days ago

Elgar Parishad case: KKM activist Sagar Gorkhe gets bail for law exam

Hindustan Times  

MUMBAI: A special NIA court on Friday granted temporary bail to Kabir Kala Manch activist Sagar Gorkhe, lodged at Taloja central jail in Navi Mumbai in connection with the Elgar Parishad/ Bhima Koregaon case, to prepare and appear for his first semester law examination scheduled between December 23, 2024 and January 1, 2025. Elgar Parishad case: KKM activist Sagar Gorkhe …

Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction
1 month, 1 week ago

Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction

Live Law  

The Karnataka High Court on Wednesday granted bail to 99 convicts in a decade old case of atrocity against members of the Scheduled Caste community at Marakumbi village. Therefore accused persons have made out grounds for grant of bail and case for suspension of sentence.” Accordingly, it granted bail and directed release of each of them on executing personal bond …

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail
1 month, 1 week ago

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail

Live Law  

The Gujarat High Court granted regular bail to Saquib Nisar Shaikh–booked in connection with the 2013 Sabarmati prison break attempt case by allegedly digging a tunnel, noting that the applicant had already been in jail for over a decade with no immediate prospect of completion of trial.The FIR was registered under IPC Sections 224, 120B, 130and Sections 42 and 45 …

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 …

CJI's Philosophy: 'Bail is the Rule, Jail is an Exception' Remains a Matter of Debate
1 month, 2 weeks ago

CJI's Philosophy: 'Bail is the Rule, Jail is an Exception' Remains a Matter of Debate

Live Law  

Chief Justice of India D.Y. Chandrachud addressed the issue of granting bail to undertrial prisoners and whether the principle of 'bail is the rule, jail an exception' applies in the Supreme Court. CJI stated that he has always granted bail from A to Z and that the principle has not permeated to the Trial Courts. He emphasized that various parameters …

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.

SC grants bail to former Tamil Nadu minister Senthil Balaji in money laundering case
2 months, 4 weeks ago

SC grants bail to former Tamil Nadu minister Senthil Balaji in money laundering case

New Indian Express  

NEW DELHI: India's top court on Thursday granted bail to former Tamil Nadu Minister Senthil Balaji, who was arrested by the Enforcement Directorate last year in connection with a money laundering case. The apex court had earlier concluded a detailed hearing on the arguments presented by Solicitor General Tushar Mehta and Zoheb Hossain, who represented the ED, and Mukul Rohatgi, …

Karnataka High Court grants bail to man who surrendered to police to protect the actual accused in Darshan case
2 months, 4 weeks ago

Karnataka High Court grants bail to man who surrendered to police to protect the actual accused in Darshan case

The Hindu  

The High Court of Karnataka has granted bail to a 27-year-old man who had surrendered to the police, in place of the actual accused, by accepting ₹5 lakh as consideration for owning up the offence in the Renukaswamy murder case; film actor Darshan is a main accused in the case. This is the first instance of bail granted to any …

Karnataka HC reserves order on Prajwal’s bail pleas
3 months ago

Karnataka HC reserves order on Prajwal’s bail pleas

New Indian Express  

BENGALURU: The Karnataka High Court on Thursday reserved order on three bail petitions filed by former Hassan MP Prajwal Revanna, who is facing sexual harassment and rape charges. Prajwal filed the petitions seeking anticipatory bail in two cases and regular bail in the third case. Prajwal approached the high court for bail in the case registered with the Holenarasipura police …

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 …

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court
3 months, 2 weeks ago

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court

Hindustan Times  

Justice Krishna Iyer in 1977, while confirming bail in State of Rajasthan v. Balchand @ Balaiay, famously wrote, “The basic rule may perhaps be tersely put as bail, not jail.” Since then, this principle has been reiterated multiple times. In February 2024, the Supreme Court, while rejecting bail in Gurwinder Singh v. State of Punjab, observed that under the UAPA, …

'Bail is the rule, jail exception, even under PMLA': Supreme Court grants relief to Hemant Soren's aide
3 months, 3 weeks ago

'Bail is the rule, jail exception, even under PMLA': Supreme Court grants relief to Hemant Soren's aide

Hindustan Times  

Granting relief to Jharkhand chief minister Hemant Soren's aide in an illegal mining-related case registered by the Enforcement Directorate, the Supreme Court on Wednesday said even in money laundering cases, bail is the rule. A bench of Justices BR Gavai and KV Viswanathan that even in cases under the Prevention of Money Laundering Act, "bail is the rule and jail …

SC denies immediate bail to Kejriwal, seeks CBI’s reply
4 months, 1 week 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 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 …

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 …

Manish Sisodia Granted Bail On 4 Conditions In Delhi Liquor Policy Case. Here's What SC Said
4 months, 2 weeks ago

Manish Sisodia Granted Bail On 4 Conditions In Delhi Liquor Policy Case. Here's What SC Said

ABP News  

The Supreme Court, on Friday, granted bail to Aam Aadmi Party leader and former Delhi Deputy Chief Minister Manish Sisodia in the corruption and money laundering cases related to the alleged Delhi excise policy scam. “It would be a travesty of justice to relegate him to the trial court for seeking bail in these cases," the bench said emphasizing that …

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 …

[Advt.]7 Day Online Certificate Course On Art Of Contesting Bail Applications By Legal Expatiate [1st To 7th June]
7 months ago

[Advt.]7 Day Online Certificate Course On Art Of Contesting Bail Applications By Legal Expatiate [1st To 7th June]

Live Law  

This Course will upgrade your knowledge regarding the bail applications in sessions court and high court under old and new law which is applicable from 1st July, 2024 which every lawyer and law student must possess. TOPICS COVERED Module 1 - Concept of bail - ⁠Bailable and non bailable offences - ⁠Types of Bail - Regular Bail and Anticipatory Bail …

Get bail cancelled if conditions violated: DGP to all investigating officers in T.N.
7 months, 1 week ago

Get bail cancelled if conditions violated: DGP to all investigating officers in T.N.

The Hindu  

Tamil Nadu’s Director General of Police-cum-Head of Police Force Shankar Jiwal has instructed all unit officers under his control across the State to monitor whether accused persons who obtain bail in criminal cases, comply with bail conditions scrupulously, and to take steps to get the bail cancelled if there were any violations. The DGP’s instruction has come days after State …

Supreme Court sets Five Bail Conditions for Arvind Kejriwal
7 months, 1 week ago

Supreme Court sets Five Bail Conditions for Arvind Kejriwal

Deccan Chronicle  

Hyderabad: Delhi Chief Minister Arvind Kejriwal was granted interim bail by the Supreme Court on Friday in connection with a money laundering case related to Delhi liquor policy case. Granting bail to Kejriwal till June 1, the Supreme Court has set five bail conditions for the Delhi CM. Here are the five bail conditions set by Supreme Court for Arvind …

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 …

To Bail or Not to Bail: Must Laws Differ For Crimes Of Similar Nature?
7 months, 3 weeks ago

To Bail or Not to Bail: Must Laws Differ For Crimes Of Similar Nature?

The Quint  

Gauri Lankesh’s case had attracted substantial attention globally. It is, therefore, hardly surprising that pending this prolonged delay, this case has branched into several appeals and applications before different courts over the last seven years. One was a bail application by one of the accused Mohan Nayak in 2023. Although Nayak was one of the co-accused of murder, he contended …

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 …

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court
8 months, 3 weeks ago

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes Act on the ground that cognizance had already been taken of the complaint. The court said,“The Sessions Judge was not proper in rejecting the petition filed under Section …

Can A Politician Out On Bail Take Part In Political Activities? Here's What Supreme Court Said
8 months, 3 weeks ago

Can A Politician Out On Bail Take Part In Political Activities? Here's What Supreme Court Said

ABP News  

The Supreme Court in a recent order held that a politician who is out on bail cannot be restrained from taking part in political activities. The top court ruled that a bar on political activities as a condition for granting bail would be a violation of fundamental rights. Last week, a bench of Justices BR Gavai and Sandeep Mehta while …

Telangana HC grants bail to 7 associated with PFI in terror case
9 months ago

Telangana HC grants bail to 7 associated with PFI in terror case

New Indian Express  

HYDERABAD: The Telangana High Court has granted bail to seven individuals associated with the Popular Front of India, who were accused of involvement in terrorist activities. The defence team argued that the accused were engaged in legitimate activities before the PFI was banned and highlighted the various professions of the accused, ranging from welder to vegetable vendor, and emphasised their …

Allahabad High Court Grants Bail To SHUATS Director Vinod Bihari Lal In An Attempt To Murder Case
9 months ago

Allahabad High Court Grants Bail To SHUATS Director Vinod Bihari Lal In An Attempt To Murder Case

Live Law  

The Allahabad High Court today granted bail to Sam Higginbottom University of Agriculture, Technology And Sciences director Vinod Bihari Lal in a case lodged against him for allegedly attempting to murder, causing grievous hurt to a person. Importantly, it was strongly argued that the applicant, along with University officials moved a Writ Petition before the Apex Court challenging the instant …

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 …

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 …

Gujarat HC Directs Advocates/Litigants To Mention Details Of Previous Bail Pleas & Orders In All Bail Applications As Per SC's Directive
10 months, 1 week ago

Gujarat HC Directs Advocates/Litigants To Mention Details Of Previous Bail Pleas & Orders In All Bail Applications As Per SC's Directive

Live Law  

In view of the recent directive issued by the Supreme Court in the case of Kusha Duruka v/s. The State of Odisha 2024 LiveLaw 47, the Chief Justice of the Gujarat High Court Justice Sunita Agarwal has directed all the Advocate/Party-in-Person/Litigant to mandatorily mention the following particulars in the application filed for grant of bail including the application. The State …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
10 months, 3 weeks ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

[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 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 …

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 …

Default Bail: The Infirmities Noted In Section 187 Of The Bharatiya Nagarik Suraksha Sanhita, 2023
1 year, 1 month ago

Default Bail: The Infirmities Noted In Section 187 Of The Bharatiya Nagarik Suraksha Sanhita, 2023

Live Law  

“Section 167: Procedure when investigation cannot be completed in twenty-four hours Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by Section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station …

Telangana HC Grants Bail in Unique Ruling
1 year, 2 months ago

Telangana HC Grants Bail in Unique Ruling

Deccan Chronicle  

Hyderabad: The Telangana High Court on Friday ruled that a second bail petition was maintainable if the first one was rejected due to the prosecution submitting wrong facts. A division bench comprising Justice K. Lakshman and Justice K. Sujana made this ruling while granting bail to Daragoni Srinu alias Vikram, a life convict in the murder of Congress leader Panthu …

‘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 …

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 …

Supreme Court Grants Bail To Vernon Gonsalves & Arun Ferreira In Bhima Koregaon Case
1 year, 4 months ago

Supreme Court Grants Bail To Vernon Gonsalves & Arun Ferreira In Bhima Koregaon Case

Live Law  

The Supreme Court on Friday granted bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities Act, 1967. This judgment was delivered by a bench of Justices Aniruddha Bose and Sudhanshu Dhulia that heard Gonsalves and Ferreira’s plea after the Bombay …

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 …

Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court
1 year, 5 months ago

Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court

Live Law  

The Supreme Court, while granting bail to human rights activist Teesta Setalvad, observed that the accused not filing an application for quashing the FRI/Chargesheet is not a relevant consideration for deciding bail application. A bench comprising of Justices BR Gavai, AS Bopanna and Dipankar Datta, while quashing the Gujarat High Court's order denying her bail, took specific note of the …

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court
1 year, 5 months ago

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court

Live Law  

The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the bail conditions already imposed on the detenu.The Division Bench comprising Justice P.B. The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]
1 year, 5 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]

Live Law  

Q.21 Can anticipatory bail be granted to an accused when on similar allegations two other co-accused in the case had been granted similar relief? Q.23 If an accused who is on anticipatory bail surrenders before the competent Court and seeks regular bail, can he be treated as in “custody” obliging the Court to decide the application on merits? The accused …

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