Order Granting Bail Requires Exercise Of Discretion In Judicious Manner On Application Of Settled Parameters: Supreme Court Reiterates
3 years ago

Order Granting Bail Requires Exercise Of Discretion In Judicious Manner On Application Of Settled Parameters: Supreme Court Reiterates

Live Law  

The Supreme Court has reiterated that grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters.The bench of Justices Sanjiv Khanna and Bela M Trivedi was considering SLP assailing Bombay High Court's order dated September 6, 2021 wherein the High Court had granted bail to Mohammad. The Supreme Court has reiterated that grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters. The bench of Justices Sanjiv Khanna and Bela M Trivedi was considering SLP assailing Bombay High Court's order dated September 6, 2021 wherein the High Court had granted bail to Mohammad Umair Mohammad Haroon with regards to crime u/s 302 r/w 34 of IPC and Sections 4/25 of the Arms Act. Case Title: Jameel Ahmad v Mohammed Umair Mohammad Haroon & Anr| SLP 245 of 2022 Coram: Justices Sanjiv Khanna and Bela M Trivedi Citation : 2022 LiveLaw 222 Code of Criminal Procedure, 1973 - Section 436-439 - Bail - Grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters.

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History of this topic

Prioritise Criminal Appeals Of Elderly Accused On Bail, Especially When Crime Is Old: Supreme Court To High Courts
Trending News
4 days, 10 hours ago

Prioritise Criminal Appeals Of Elderly Accused On Bail, Especially When Crime Is Old: Supreme Court To High Courts

Live Law  

The Supreme Court has advised the High Courts to give adequate priority to criminal appeals, where the accused are on bail. If the accused persons have remained on bail, especially in cases involving life sentences, and the appeal is ultimately dismissed after several years, then sending the accused back to prison might be difficult, particularly when they have attained old …

Prioritise Criminal Appeals Of Elderly Accused On Bail, Especially When Crime Is Old: Supreme Court To High Courts
Trending News
4 days, 10 hours ago

Prioritise Criminal Appeals Of Elderly Accused On Bail, Especially When Crime Is Old: Supreme Court To High Courts

Live Law  

The Supreme Court has advised the High Courts to give adequate priority to criminal appeals, where the accused are on bail. If the accused persons have remained on bail, especially in cases involving life sentences, and the appeal is ultimately dismissed after several years, then sending the accused back to prison might be difficult, particularly when they have attained old …

SC grants bail to former excise officer, defers release
2 weeks, 2 days ago

SC grants bail to former excise officer, defers release

Hindustan Times  

New Delhi, The Supreme Court has granted bail to a former excise officer from Chhattisgarh in a cheating and corruption case linked to the high-profile liquor scam in the state. SC grants bail to former excise officer, defers release The top court, however, directed that the officer shall be released on April 10 to ensure that the ongoing investigation is …

DC Edit | Courts must not delay bail cases
Trending News
2 weeks, 4 days ago

DC Edit | Courts must not delay bail cases

Deccan Chronicle  

Article 21 of the Constitution which states that no person shall be deprived of his life or personal liberty except according to procedure established by law is the guarantee of personal liberty against the possible excesses of the state. It has time and again told the courts across the country not to feel cagey about ensuring personal liberty or granting …

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 …

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 …

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court
2 months, 1 week ago

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court

Live Law  

In a case arising out of a matrimonial dispute, the Supreme Court recently set aside a bail condition making the husband's anticipatory bail subject to payment of maintenance to the wife. While granting anticipatory bail, the High Court, in view of appellant's willingness to pay maintenance to the complainant-wife, imposed a condition that Rs.4000/- shall be deposited by him in …

Top court warns against interfering in bail orders
2 months, 2 weeks ago

Top court warns against interfering in bail orders

Hindustan Times  

New Delhi The Supreme Court has delivered a strong message on judicial consistency, cautioning that it cannot “preach one thing and practice another” when dealing with bail orders. The appeal, filed by the complainant in a cheating case, sought to overturn the high court’s October 2024 decision granting bail to the accused. This observation reflects the apex court’s growing emphasis …

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused
2 months, 3 weeks ago

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused

Live Law  

The Supreme Court held that when a special law imposes an embargo on the grant of bail, then the Courts must exercise the power to grant bail subject to the conditions specified under the special provision.While holding so, the bench comprising Justices CT Ravikumar and Sanjay Karol set aside the bail granted to an accused charged under the Maharashtra Control …

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
3 months 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 months 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 …

No Constitutional Court Can Direct Trial Courts To Write Bail Orders In A Particular Manner : Supreme Court
3 months, 1 week ago

No Constitutional Court Can Direct Trial Courts To Write Bail Orders In A Particular Manner : Supreme Court

Live Law  

The Supreme Court has expressed disapproval of the directions issued by the Rajasthan High Court that the Trial Courts should incorporate in a tabular chart the criminal antecedents of the accused while deciding bail applications. The Court observed that High Cours cannot direct the Trial Courts to write bail orders in a particular manner. It was in 2020 that the …

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
3 months, 3 weeks 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 The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
4 months 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 …

SC expresses concern over prisoners unable to secure bail due to lack of surety
4 months ago

SC expresses concern over prisoners unable to secure bail due to lack of surety

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday flagged the issue of prisoners not able to avail bail because of failure to furnish surety despite grant of relief by courts. information available on this module can be used to trace out cases where people have been granted bail but they have not availed it," the bench observed, adding that it would …

SC Rejects Restrictive Bail Conditions, Emphasizing Importance of Proportionality and Fairness
4 months, 3 weeks ago

SC Rejects Restrictive Bail Conditions, Emphasizing Importance of Proportionality and Fairness

Hindustan Times  

The Supreme Court has reaffirmed that bail conditions should be proportionate, reasonable and directly linked to ensuring judicial proceedings rather than trampling upon an individual’s civil liberties. According to the top court, any conditions imposed should be directly tied to facilitating justice, securing the accused’s presence, and preventing any misuse of freedom to interfere with the case or obstruct justice.

High Courts should not sit on bail pleas: Supreme Court
6 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
6 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
6 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 …

Surety Amount In Bail Orders Should Align With Financial Status Of Person: Allahabad HC
6 months, 2 weeks ago

Surety Amount In Bail Orders Should Align With Financial Status Of Person: Allahabad HC

ABP News  

The Allahabad High Court in a recent order directed trial courts to ensure that the orders granting bail consider the socio-economic status of the bail applicant. Calling it a serious matter, the court noted that large number of the persons who belong to marginalised sections of the society are unable to arrange or provide sureties fixed arbitrarily by the trial …

Court Can't Postpone Implementation Of Bail Order After Finding Accused Entitled To Bail: Supreme Court
6 months, 3 weeks ago

Court Can't Postpone Implementation Of Bail Order After Finding Accused Entitled To Bail: Supreme Court

Live Law  

The Supreme Court on Monday ruled that once a court concludes that an accused is entitled to bail, it cannot delay the implementation of the bail order, as doing so may violate the rights guaranteed under Article 21 of the Constitution. A bench of Justice Abhay Oka and Justice Augustine George Masih deleted the condition imposed by Patna High Court …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
7 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
7 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
7 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 …

Ruling on Sisodia calls for judicial reforms in bail process
7 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 …

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 …

Trial court judges afraid of granting bail in serious crimes: CJI DY Chandrachud
7 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, …

CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously
7 months, 3 weeks ago

CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously

Deccan Chronicle  

Bengaluru: Chief Justice of India D Y Chandrachud on Sunday said the trial judges prefer playing safe by not granting bail on important issues of crime when it is looked at with a degree of suspicion. "People who should be getting bail in the trial courts and not getting it there, as a result of which, they have to invariably …

Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court
8 months ago

Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court

Live Law  

In an important judgment, the Supreme Court on Tuesday held that bail orders should not be normally stayed. Setting aside an order of the Delhi High Court which stayed the bail granted in a money laundering case, the Court stated that bail orders can be stayed only in exceptional circumstances. However, the court, highlighting that the rights guaranteed under Article …

Supreme Court says an order granting bail can be put on hold only in exceptional cases
8 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 …

No better advice than one’s own
8 months ago

No better advice than one’s own

Hindustan Times  

Personal liberty is one of the cornerstones of a robust democracy. New Delhi, India - July 18, 2024: A view of supreme court of India as the court has hearing upon NEET Paper leak case in New Delhi, India, on Thursday, July 18, 2024. The latest instance came this week, when the apex court condemned the practice of higher courts …

Bail reforms: What are bail conditions and how do they affect the accused person's rights?
8 months, 1 week ago

Bail reforms: What are bail conditions and how do they affect the accused person's rights?

Hindustan Times  

A Nigerian foreign national facing trial under sections of the NDPS Act, punishable with seven years or more, was granted conditional bail after spending eight years in prison from 2014 to 2022. These provisions empower courts to deem an accused 'indigent' if they fail to meet bail conditions within seven days of their grant, thereby enabling the court to reconsider …

Stay on bail should only be granted in rare cases: Supreme Court
8 months, 1 week ago

Stay on bail should only be granted in rare cases: Supreme Court

The Hindu  

The Supreme Court on July 12 said an inclination seen among higher courts to stall bail creates a real and present danger to the rights of personal liberty and due process. The court said it would formally address in a judgment the issue of “casual” orders passed by High Courts staying or suspending bail granted by trial courts. Justice Oka …

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
8 months, 2 weeks 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 …

Voting for relief: On interim bails and elections
10 months, 2 weeks ago

Voting for relief: On interim bails and elections

The Hindu  

In granting interim bail to Delhi Chief Minister Arvind Kejriwal, the Supreme Court of India has reversed a development that upset the level playing field for the ongoing general election. But the arrest of a serving Chief Minister and a key figure in the Opposition, when the election process was already on, sent shock waves among regional parties. In Mr. …

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court
11 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 …

Shortening the gap between bail and release
1 year ago

Shortening the gap between bail and release

Hindustan Times  

Bail proceedings stand at the crossroads of constitutionally guaranteed personal liberty, and the demands of criminal law that often infringe upon it. The court’s duty to safeguard liberty does not end with a mere grant of bail but extends to ensuring prompt compliance with procedure, to secure immediate release. The Supreme Court has repeatedly cautioned against imposition of onerous bail …

Accused should get reasonable chance to fulfil bail conditions: Orissa HC
1 year, 1 month 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
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 Directs All High Courts To Expeditiously Decide Bail Applications
1 year, 2 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 …

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts
1 year, 3 months ago

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts

Live Law  

The Supreme Court expressed concern at the High Courts not listing bail applications arising out of the same FIR before the same bench, despite repeated orders. The bench comprising Justices CT Ravikumar and Sanjay Kumar, in its order, stressed the need for listing bail applications pertaining to the same FIR before one single bench in order to avoid conflicting decisions, …

Trial Court Can't Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction, Sentence: Patna High Court
1 year, 5 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 …

'One Can't Apply One Bail Order To All Subsequent Cases' : Supreme Court Refuses Bail In PACL Scam
1 year, 6 months ago

'One Can't Apply One Bail Order To All Subsequent Cases' : Supreme Court Refuses Bail In PACL Scam

Live Law  

The Supreme Court on Tuesday refused to grant bail to Gurmeet Singh and Subrata Bhattacharya, erstwhile directors of PACL, a real estate company embroiled in a scam involving more than 40,000 crores that is said to have duped several investors across the country. The Apex Court said that it would not be possible to grant bail that would apply to …

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 …

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, 6 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 …

Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court
1 year, 8 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 …

'Bail Orders Must Be Backed By Reasons Considering Vital Aspects': Supreme Court Sets Aside 'Casual & Cryptical' HC Order
1 year, 8 months ago

'Bail Orders Must Be Backed By Reasons Considering Vital Aspects': Supreme Court Sets Aside 'Casual & Cryptical' HC Order

Live Law  

The Supreme court recently held that vital aspects of the case must be considered while deciding bail applications. Settting the "cryptic" and "casual" orders passed by the High Court granting bail to the accused, the Supreme Court observed : “While considering an application for grant of bail, a prima-facie conclusion must be supported by reasons and must be arrived at …

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court
1 year, 9 months ago

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court

Live Law  

The Kerala High Court recently held that a person who was granted interim bail after executing the bail bond cannot rely on the interim bail order to submit that the main bail application has become infructuous. The Court held that as a consequence of the main application being dismissed as not pressed, the interim order granting bail to the petitioner …

In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court
1 year, 10 months ago

In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court

Live Law  

Inordinate delay in passing an order pertaining to liberty of a citizen is not in tune with the constitutional mandate, the Supreme Court observed in an order allowing anticipatory bail plea.In this case, the High Court had rejected the anticipatory bail application filed by the accused. Inordinate delay in passing an order pertaining to liberty of a citizen is not …

Impermissible To Dismiss Bail Plea Due To Absence Of Counsel, Court May Appoint Amicus For Accused & Hear Matter: Allahabad HC
2 years ago

Impermissible To Dismiss Bail Plea Due To Absence Of Counsel, Court May Appoint Amicus For Accused & Hear Matter: Allahabad HC

Live Law  

In a significant observation, the Allahabad High Court has said that it is impermissible to dismiss bail applications for non-prosecution on account of the absence of counsel as it is violative of the fundamental rights of the prisoners guaranteed under Article 21 of the Constitution of India. “When a bail application is dismissed for non-prosecution, the prisoner’s period of detention …

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