Having An Option To Surrender & Apply For Regular Bail After Filing Charge Sheet Does Not Preclude Parties From Seeking Anticipatory Bail: Supreme Court
3 years, 4 months ago

Having An Option To Surrender & Apply For Regular Bail After Filing Charge Sheet Does Not Preclude Parties From Seeking Anticipatory Bail: Supreme Court

Live Law  

The Supreme Court on Tuesday observed that merely because it was kept open for the parties to surrender and apply for Regular Bail after filing of the charge sheet, the same did preclude them to apply for anticipatory bail u/s 438 Cr.P.C. "Merely because it was kept open for the petitioners to surrender and apply for Regular Bail after filing of the charge sheet, the same does not preclude the petitioners to apply for anticipatory bail under Section 438 Cr.P.C. While granting bail, the Court had observed that pursuant to filing of charge sheet, it was open for the petitioners to surrender and apply for the Regular Bail before the Competent Court. After filing the charge sheet, when application for grant of anticipatory bail was filed, impugned order was passed based on the observation made by this Court, in the earlier order.

Supreme Court Court Bail Charge Order Sheet Filing Apply Regular Petitioners Charge Sheet Surrender Anticipatory Regular Bail  option  sheet  having  supreme  order  preclude  anticipatory  bail  regular  seeking  court  parties  charge  apply  filing  petitioners  surrender

History of this topic

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case
6 days, 17 hours ago

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

Live Law  

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

Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies
2 weeks, 3 days ago

Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies

Live Law  

While answering a reference made by a single judge, a division bench of the Madras High Court has clarified that all successive bail applications/anticipatory bail applications arising out of the same FIR/Crime Number shall be listed before the judge holding the roster. “ All bail/anticipatory bail applications arising out of the same FIR/Crime Number shall be listed before the same …

'Courts Shouldn't Hesitate To Deny Liberty To Accused If Necessary For Corruption-Free Society' : Supreme Court Denies Anticipatory Bail
2 weeks, 3 days ago

'Courts Shouldn't Hesitate To Deny Liberty To Accused If Necessary For Corruption-Free Society' : Supreme Court Denies Anticipatory Bail

Live Law  

Recently, the Supreme Court upheld the denial of anticipatory bail to a public servant accused of demanding illegal gratification. The Court held that in serious offenses like corruption, courts must exercise caution when granting anticipatory bail to uphold public confidence in the justice system. The Court rejected the accused's argument that denying anticipatory bail when custodial interrogation was not required …

Anticipatory Bail Plea Maintainable Even If Chargesheet Shows Accused As Declared Absconder: Madhya Pradesh HC
Trending News
3 weeks, 1 day ago

Anticipatory Bail Plea Maintainable Even If Chargesheet Shows Accused As Declared Absconder: Madhya Pradesh HC

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court while answering a reference made by a single judge, clarified that an anticipatory bail plea is maintainable even if the chargesheet filed shows the accused as a declared absconder. The court further ruled that an anticipatory bail plea is maintainable even when proceedings under CrPC Section 82 & 83 or Section …

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court
1 month, 1 week ago

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a bail application solely on the ground that the Apex Court had not permitting the filing of a fresh application.The Court reiterated that the filing of a fresh bail application, after the dismissal of an earlier bail application or the cancellationtion of the bail granted, was a right. The …

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court
1 month, 2 weeks ago

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court

Live Law  

The Karnataka High Court has said that unless there are exceptional circumstances to file an anticipatory bail application directly before the High Court, bypassing the Sessions Court, it will be prudent for the accused to approach the Sessions Court at the first instance seeking relief. It was argued that both Sessions Court and High Court have concurrent jurisdiction to entertain …

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail
2 months, 1 week ago

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail

Live Law  

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

HC dismisses anticipatory bail petition of prison official, five others
2 months, 2 weeks ago

HC dismisses anticipatory bail petition of prison official, five others

The Hindu  

The Madurai Bench of the Madras High Court on Wednesday dismissed the anticipatory bail petition filed by a prison official and five others named in the case registered by the DVAC in connection with a scam. Justice N. Anand Venkatesh dismissed the petitions filed by M. Urmila, the Superintendent of the Cuddalore Central Prison and the then Superintendent of the …

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

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

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

Live Law  

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

POCSO Case | Gurugram Court Rejects Anticipatory Bail Plea Of Journalist Chitra Tripathi Following Issuance Of Arrest Warrant
3 months, 3 weeks ago

POCSO Case | Gurugram Court Rejects Anticipatory Bail Plea Of Journalist Chitra Tripathi Following Issuance Of Arrest Warrant

Live Law  

A court in Gurugram has DISMISSED the anticipatory bail application filed by TV News Anchor and Journalist Chitra Tripathi after an arrest warrant was issued against her earlier this month concerning a POCSO Case. #JustIN | #GurugramCourt has DISMISSED the anticipatory bail application filed by TV News Anchor Chitra Tripathi after an arrest warrant was issued against her earlier this …

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court
Trending News
4 months ago

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court

Live Law  

The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. However, the Court said that the relevant factors such as circumstances of the case, the nature of the offence, and the background based on which such a proclamation was issued have to be looked upon while considering the anticipatory bail plea of the …

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court
Trending News
4 months ago

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court

Live Law  

The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. However, the Court said that the relevant factors such as circumstances of the case, the nature of the offence, and the background based on which such a proclamation was issued have to be looked upon while considering the anticipatory bail plea of the …

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
4 months, 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
5 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.

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

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

Live Law  

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

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 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]
10 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 …

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon
10 months ago

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon

Live Law  

Emphasising that in matters concerning personal liberty, every single day of delay counts, the Supreme Court on Friday expressed disappointment at the Delhi High Court keeping the bail application of a petitioner pending for nearly 11 months.A bench comprising Justices BR Gavai and Sandeep Mehta was hearing a petition filed by Amandeep Singh Dhall, an accused in the Delhi liquor. …

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment
10 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 …

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court
11 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 …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 1 month 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
1 year, 2 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 …

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court
1 year, 2 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 …

POCSO Act Prevails Over SC-ST Act, Anticipatory Bail Plea U/S 438 CrPC Maintainable Where Accused Charged Under Both: Allahabad HC
1 year, 5 months ago

POCSO Act Prevails Over SC-ST Act, Anticipatory Bail Plea U/S 438 CrPC Maintainable Where Accused Charged Under Both: Allahabad HC

Live Law  

The Allahabad High Court has held that where an accused has been booked under the POCSO Act as well as the SC/ST Act, the provision of the former will prevail over the latter and an anticipatory bail plea moved by such accused would be maintainable. Act and Section 438 CrPC contending that anticipatory bail application is not maintainable as an …

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court
1 year, 6 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 …

Can Anticipatory Bail Be Granted To Proclaimed Offender? Only In Exceptional & Rare Cases, Holds Supreme Court
1 year, 6 months ago

Can Anticipatory Bail Be Granted To Proclaimed Offender? Only In Exceptional & Rare Cases, Holds Supreme Court

Live Law  

The Supreme Court has observed that anticipatory bail can be granted to a person to a proclaimed offender only in an exceptional and rare case. The Court made this observation while setting aside an order passed by the the Punjab and Haryana High Court granting bail to the respondent, who was declared to be proclaimed offender under Section 82 of …

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old
1 year, 7 months ago

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old

Live Law  

A plea has been moved in the Kerala High Court against the grant of anticipatory bail to a 57 years old man accused of sexually assaulting a minor aged 7 years. The Sessions Judge vide, its Order dated August 3, 2023, granted anticipatory bail to the accused on noting the delay caused in the registration of the case and that …

Supreme Court Half Yearly Bail Digest 2023
1 year, 7 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 …

Mere Non-Payment Of Money Under A Contract No Ground To Deny Anticipatory Bail To Accused: Allahabad High Court
1 year, 7 months ago

Mere Non-Payment Of Money Under A Contract No Ground To Deny Anticipatory Bail To Accused: Allahabad High Court

Live Law  

The Allahabad High Court has observed that mere non-payment of money paid under a contract cannot be a ground for criminal prosecution of a party to the agreement and, in any case, that "cannot be a ground for rejection of the anticipatory bail application" of the accused person.The bench of Justice Subhash Vidyarthi observed thus while granting anticipatory bail to …

Bail Granted U/S 436 CrPC Can Be Cancelled Only By High Court Or Sessions Court U/S 439(2): Orissa High Court
1 year, 7 months ago

Bail Granted U/S 436 CrPC Can Be Cancelled Only By High Court Or Sessions Court U/S 439(2): Orissa High Court

Live Law  

The Orissa High Court has recently held that bail granted under Section 436 of the Code of Criminal Procedure cannot be cancelled by the same Court and that can only be done by the Court of Sessions or High Court under Section 439 of the Code. The Court cited Section 437 of the CrPC where power of the Magistrate to …

Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court
1 year, 8 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 …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]
1 year, 8 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 …

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court
1 year, 9 months ago

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court

Live Law  

The Kerala High Court recently dismissed the anticipatory bail application filed by a father accused of sexually abusing his minor daughter.A single bench of Justice Ziyad Rahman observed that as per Section 438 of the Criminal Procedure Code, there is a specific bar against entertaining an application for anticipatory bail where offences Section 376 or section 376AB or section 376DA. …

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court
1 year, 9 months ago

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court

Live Law  

The Delhi High Court has ruled that the discretion of an applicant to choose either High Court or trial court for moving anticipatory bail plea cannot be restricted by construing section 438 of CrPC narrowly. Analyzing the provision, a vacation bench of Justice Chandra Dhari Singh said that there is no bar on approaching the High Court directly for seeking …

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

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

Live Law  

Q.1 What are the judicially settled principles to be borne in mind in the matter of anticipatory bail? In Sushila Agarwal v. State 5 SCC 1 – 5 Judges – Arun Mishra, Indira Banerjee, Vineeth Saran, M. R. Shah, S. Raveendra Bhat – JJ, a Constitution Bench of the Supreme Court of India laid down the following principles:- The term …

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court
1 year, 10 months ago

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court

Live Law  

The Allahabad High Court has clarified that no person can apply for bail in parts and that an accused is required to seek bail for all the offences for which he is wanted. “No person can be permitted to apply for bail in part, that too firstly getting bail by invoking powers u/s 437 CrPC and later on taking recourse …

Sessions Judge Who Was Asked To Go For Training Says He's Due To Be Considered For Elevation; Supreme Court Refuses Early Hearing
1 year, 10 months ago

Sessions Judge Who Was Asked To Go For Training Says He's Due To Be Considered For Elevation; Supreme Court Refuses Early Hearing

Live Law  

The Supreme Court, on Monday, refused early listing of application filed by a Judge of a Sessions Court in Lucknow, who was recently asked by the Supreme Court to be sent for Training as he did not follow the law laid down by the Apex Court in Satender Kumar Antil v. CBI. On the last date of hearing, it was …

HC refuses to hear anticipatory bail petition of Avinash Reddy
1 year, 10 months ago

HC refuses to hear anticipatory bail petition of Avinash Reddy

Deccan Chronicle  

HYDERABAD: In a major setback to Kadapa MP Y.S. Avinash Reddy, two separate single benches of the Telangana High Court were on Friday not inclined to hear his anticipatory bail petition and give partial relief from being arrested by the CBI in the Y.S. The two benches also rejected Reddy’s plea to direct the registry of the High Court to …

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC
1 year, 11 months ago

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC

Live Law  

The Kerala High Court on Tuesday remanded a bail application in a POCSO case for fresh consideration by the trial Court, while exercising its jurisdiction under Section 482 Cr.P.C. The Single Judge Bench of Justice K. Babu directed the Trial Court to consider the entitlement of the petitioner for regular bail before March 30, 2023. When he filed a petition …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III
2 years ago

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

Live Law  

Q.11 The default period applicable for the offence is 60 days. Q.12 Is not the accused entitled to default bail on the expiry of the period under the proviso to Section 167 Cr.P.C even without a written application for bail? In Hussainara Khatoon v. Home Secretary, State of Bihar AIR 1979 SC 1369 – P. N. Bhagwati, D. A. Desai …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
2 years ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default
2 years, 1 month ago

Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default

Live Law  

The Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court.The bench of Justice Ajay Rastogi and Bela M. Trivedi was disposing a plea challenging the High Court's order which dismissed a anticipatory bail application for non-prosecution.During the last hearing, it had sought a report from the Registrar of the. …

Can’t Grant Anticipatory Bail When Money Has Been Taken From Large Number Of People, Says Supreme Court During Hearing
2 years, 2 months ago

Can’t Grant Anticipatory Bail When Money Has Been Taken From Large Number Of People, Says Supreme Court During Hearing

Live Law  

The Supreme Court of India on Monday observed that it is not inclined in granting bails in cases pertaining to economic offences especially when many depositors have been swindled. “I had offered to deposit 9 lakhs in the lower court”, Senior Advocate R Basant appearing for the petitioner told the Court. The Court expressed that it would grant bail only …

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Inciting Public To Demolish Gyanvapi Mosque
2 years, 2 months ago

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Inciting Public To Demolish Gyanvapi Mosque

Live Law  

The Allahabad High Court has granted anticipatory bail to a man accused of inciting the public to demolish the Gyanvapi Mosque. The bench of Justice Subhash Chandra Sharma passed this order earlier this month on the anticipatory bail plea of accused Digvijay Chaube, who has been booked under sections 153A, 295A 505 I.P.C. “In the event of arrest of the …

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court
2 years, 2 months ago

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court

Live Law  

The Allahabad High Court has reiterated that a person against whom a warrant has been issued and, is absconding or concealing himself in order to avoid execution of warrants and proceedings under Section 82 of the Code have been initiated against him, is not entitled to the relief of anticipatory bail. To reach to this conclusion, the Court relied upon …

Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet : Supreme Court
2 years, 2 months ago

Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet : Supreme Court

Live Law  

State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy| 2023 LiveLaw 37 | SLP No. Ms. Jesal Wahi, AOR Headnotes: Code of Criminal Procedure, 1973; proviso to Section 167 -Default bail can be cancelled on merits - there is no absolute bar that once a person is released on default bail under Section 167 Cr.P.C., his bail cannot …

Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says
2 years, 3 months ago

Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says

Live Law  

While hearing an application seeking anticipatory bail, the Supreme Court of India on Thursday stated that it can't be set for a limited time frame. The Bench was hearing an appeal filed by politician Monirul Islam challenging an order of the Calcutta High Court that had granted him anticipatory bail in 2021, limiting it to four weeks only. As the …

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court
2 years, 4 months ago

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court

Live Law  

Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court earlier this week said that the second and successive anticipatory bail application is not maintainable.The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC, which flows from Article 21 of. Stressing that seeking anticipatory …

Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court
2 years, 4 months ago

Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court

Live Law  

The Supreme Court observed that cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bail. Ordinarily, unless a strong case based on any supervening event is made out, an order granting bail is not to be lightly interfered with under Section 439 CrPC.If the Trial Court was satisfied that the …

Discover Related