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

Cart before the horse: on bail law in India

The Hindu  

Two recent pronouncements, one a judicial order and another a public speech by the Chief Justice of India, have drawn attention to the manner in which bail law operates in the country. While the Supreme Court, in Satender Kumar Antil vs CBI, has sought to expand the scope for the grant of early bail to those arrested without sufficient cause, the CJI, N.V. Ramana, has bemoaned the injury to personal liberty caused by hasty arrests, hurdles in the way of releasing suspects on bail and the prolonged incarceration of those under trial. However, there is an irony in courts batting for personal liberty and lamenting indiscriminate arrests on the one hand, but routinely denying bail or postponing bail hearings on the other. For instance, the Bench has called for standing orders to adhere to the Arnesh Kumar principles, based on Sections 41 and 41A of the Code of Criminal Procedure under which a police officer is required to record reasons for arresting an accused and is expected to issue a notice of appearance in cases involving offences that attract a prison term of less than seven years.

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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, 5 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 …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
2 days, 16 hours ago

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

Live Law  

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

Speedy trial takes precedence over anti-terror law provisions: SC
6 days, 6 hours ago

Speedy trial takes precedence over anti-terror law provisions: SC

Hindustan Times  

New Delhi The Supreme Court on Tuesday ruled that the constitutional right to a speedy trial would have precedence over the stringent provisions of laws such as the Unlawful Activities Act, emphasising that courts cannot let individuals languish in jail indefinitely. A bench of justices Abhay S Oka and AG Masih held that prolonged incarceration without trial constitutes a violation …

ED supports bail cancellation plea of Senthil Balaji
Trending News
1 week, 3 days ago

ED supports bail cancellation plea of Senthil Balaji

Hindustan Times  

The Enforcement Directorate on Friday filed an affidavit in the Supreme Court supporting a plea to cancel the bail granted to Tamil Nadu minister V Senthil Balaji, and asserted that his “blatant disregard for the judicial process” and conduct after release have caused significant delays in the ongoing trial against him. The affidavit comes ahead of a crucial hearing on …

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
1 week, 4 days ago

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine

India Today  

The Supreme Court said it would revisit the question whether failure to provide the grounds of arrest would lead to bail or release of the accused in all cases. The court's decision came during the hearing of a plea filed by Mihir Shah, the main accused in the high-profile BMW hit-and-run case in Mumbai's Worli. Earlier this month, Mihir Shah …

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

Foreigners Absconding After Bail: Supreme Court Asks Centre To Curb Rising Instances
1 month ago

Foreigners Absconding After Bail: Supreme Court Asks Centre To Curb Rising Instances

ABP News  

The Supreme Court in a recent order has expressed concerns about the frequent instances of foreign nationals, who are accused of crimes in India, becoming untraceable after securing bail. The Centre however informed that it was apprised of the issue at hand and was working towards formulating a procedure to deal with cases where foreign citizens jump bail and become …

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.

Systemic Hypocrisy Exposed: GN Saibaba's Case Highlights Inadequate Legal Framework for Disabled Inmates
2 months ago

Systemic Hypocrisy Exposed: GN Saibaba's Case Highlights Inadequate Legal Framework for Disabled Inmates

Hindustan Times  

The article highlights systemic flaws in the Indian prison system and the lack of protection for disabled inmates. It argues that the existing laws and practices, including the absence of an effective law against custodial torture and police atrocities against disabled prisoners, violate the rights of disabled individuals. The article emphasizes the need for comprehensive amendments to the prison laws …

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, …

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct
3 months, 1 week ago

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct

The Hindu  

A two-member Bench of the Supreme Court that granted bail to Delhi Chief Minister Arvind Kejriwal in the Delhi excise policy case was divided on the legality of his arrest by the CBI on corruption charges soon after he was given regular bail in connection with money-laundering charges. After the benefit was given to the co-accused, including Delhi’s Deputy Chief …

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
3 months, 1 week ago

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator

Live Law  

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention order issued against former Srinagar Municipal Corporation Corporator Aqib Ahmad Renzu. The court held that the mere fact that Renzu had been granted bail in multiple criminal cases did not justify his detention under preventive law. In the present case, the ordinary law of land was sufficient …

Supreme Court reserves order on Kejriwal’s bail plea in CBI case
3 months, 2 weeks ago

Supreme Court reserves order on Kejriwal’s bail plea in CBI case

Hindustan Times  

The Supreme Court on Thursday reserved its verdict on Delhi chief minister Arvind Kejriwal’s petition challenging his arrest in connection with the now scrapped excise policy, observing that its judgment would be carefully framed to obviate demoralising subordinate judiciary while contributing to the evolution of criminal law. “Snakes and ladders” with bail The day-long hearing on Thursday witnessed intense exchanges …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
3 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
3 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
3 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

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

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

News 18  

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

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty
3 months, 3 weeks ago

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty

The Hindu  

The Bombay High Court on Tuesday urged lower courts to be prompt in resolving anticipatory bail applications to safeguard the liberty of citizens. The High Court expressed displeasure over the slow handling of a pre-arrest bail petition by a sessions court in Kalyan in Thane district of Maharashtra. A single Bench of Judge Sandeep V. Marne was hearing an appeal …

Supreme Court grants bail to BRS leader K. Kavitha in excise policy cases
3 months, 3 weeks ago

Supreme Court grants bail to BRS leader K. Kavitha in excise policy cases

The Hindu  

The Supreme Court on Tuesday ordered Bharat Rashtra Samithi leader K. Kavitha’s release on bail “forthwith” in the politically-charged Delhi liquor policy case, which saw high-profile arrests like that of Delhi Chief Minister Arvind Kejriwal just days ahead of the general election in 2024. The top court found it fantastic that the Delhi High Court had refused bail to Ms. …

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
3 months, 3 weeks ago

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC

New Indian Express  

MUMBAI: The Bombay High Court on Tuesday said when the question of liberty of a citizen is involved, it is necessary that the lower courts take up and decide applications seeking anticipatory bail either finally or at least for grant of interim protection in an expeditious manner. If the lower courts do not decide such matters, then the high court …

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

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

Hindustan Times  

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

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

‘Bail Is Rule’ for Offences Even Under Special Statutes: SC

Deccan Chronicle  

New Delhi: The legal principle 'Bail is the rule, jail is an exception' is applicable to offences even under special statutes like the Unlawful Activities Act, the Supreme Court on Tuesday ruled while granting bail to a man accused under the stringent anti-terror law. A bench of justices Abhay S Oka and Augustine George Masih said if courts start denying …

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

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

The Hindu  

The legal principle 'Bail is rule, jail is an exception' is applicable to offences even under special statutes like the Unlawful Activities Act, the Supreme Court on Tuesday ruled while granting bail to a man accused under the stringent anti-terror law. A Bench of justices Abhay S. Oka and Augustine George Masih said if courts start denying bail in deserving …

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

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

India Today  

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

Ruling on Sisodia calls for judicial reforms in bail process
4 months, 2 weeks ago

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

New Delhi The Supreme Court verdict granting bail to former Delhi deputy chief minister Manish Sisodia in connection with the Delhi excise policy case marks a critical precedent, particularly in high-profile cases where gravity of charges and prolonged incarceration has been used as tools to deny individuals their right to liberty. The court observed that in many instances, both trial …

Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage
4 months, 2 weeks ago

Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage

The Hindu  

The Supreme Court judgment granting bail to former Deputy Chief Minister of Delhi, Manish Sisodia, revived a well-settled but endangered principle that ‘jail and not bail is the exception’, even in economic offence cases. Viswanathan did not mince words while saying that High Courts and trial courts nowadays prefer to “play safe” and deny bail even if the case is …

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 …

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

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

New Indian Express  

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

CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously
4 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 …

Judges should use a sense of robust common sense in bail petitions: CJI D Y Chandrachud
4 months, 3 weeks ago

Judges should use a sense of robust common sense in bail petitions: CJI D Y Chandrachud

New Indian Express  

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. The Chief Justice underlined the need for a 'sense of robust common sense' to look at the nitty-gritty of each case. "I think it's …

​Arrest and liberty: On the ED’s actions
5 months ago

​Arrest and liberty: On the ED’s actions

The Hindu  

Two observations made in different contexts by the Supreme Court of India have raised relevant issues concerning personal liberty. One concerned the question whether an officer arresting a person on money-laundering charges should demonstrate the necessity for arrest for the action to be deemed valid; and the other voiced shock and revulsion at the ease and quickness with which courts …

Supreme Court's interim bail to Arvind Kejriwal hints at larger ramifications
5 months, 1 week ago

Supreme Court's interim bail to Arvind Kejriwal hints at larger ramifications

India Today  

The Supreme Court on Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal, raising questions on the legality and necessity of his arrest in March by the Enforcement Directorate in a money laundering case linked to the liquor policy scam. A two-judge bench of Justices Sanjiv Khanna and Dipankar Datta referred some questions on the ED’s power to arrest …

While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC
5 months, 1 week ago

While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC

Live Law  

In a significant order, the Goa bench of the Bombay High Court on Tuesday held that a trial court while granting bail does not have any power to direct a person/accused to apply for a passport, obtain it and then surrender it to avail bail. Single-judge Justice Bharat Deshpande quashed and set aside such an "unusual" condition imposed by a …

Delhi HC to rule on K Kavitha's bail plea in Excise Case on July 1
5 months, 3 weeks ago

Delhi HC to rule on K Kavitha's bail plea in Excise Case on July 1

Deccan Chronicle  

New Delhi: The Delhi High Court is scheduled to pass judgment on bail petitions moved by Bharat Rashtra Samithi leader K Kavitha in CBI and ED cases related to the Excise Policy case on July 1, 2024. An accused can anonymously remove the money trail using the technology available today, making the investigation and trial infructuous.The Delhi High Court had …

Arvind Kejriwal bail plea Highlights: No immediate relief for Kejriwal, Supreme Court to hear Delhi CM’s plea against HC’s stay on bail on June 26
5 months, 4 weeks ago

Arvind Kejriwal bail plea Highlights: No immediate relief for Kejriwal, Supreme Court to hear Delhi CM’s plea against HC’s stay on bail on June 26

The Hindu  

The Supreme Court on Monday deferred hearing Delhi Chief Minister Arvind Kejriwal’s plea challenging the Delhi High Court’s suspension of bail granted to him by a trial court in the Delhi excise policy case. Appearing for the Delhi CM, senior advocate A.M. Singhvi argued that it was “unprecedented” for any Court to stay a bail order on the first day …

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC
6 months, 3 weeks ago

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC

Live Law  

Finding that the accused had suppressed the material facts & evidence against her and has committed an act of misrepresentation for getting the order of bail, when the 'evidence of last seen' was there against her along with other co-accused persons, the Rajasthan High Court held that the accused has deliberately attempted to pollute the stream of justice and has …

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 …

Voting for relief: On interim bails and elections
7 months, 1 week 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. …

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 …

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 …

Is new law on bail being drawn up, Supreme Court asks Centre
10 months ago

Is new law on bail being drawn up, Supreme Court asks Centre

Hindustan Times  

New Delhi: Pushing for objectivity and accountability in the criminal justice system to prevent needless arrests, the Supreme Court has directed the Union government to inform it whether a new law to facilitate the grant of bail is in the works. The significant intervention of the top court came at a time when numerous arrests and protracted bail application delays …

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

Unlawful Activities (Prevention) Act permits grant of bail to even foreign nationals in exceptional circumstances, says Madras High Court
1 year ago

Unlawful Activities (Prevention) Act permits grant of bail to even foreign nationals in exceptional circumstances, says Madras High Court

The Hindu  

A special court for National Investigation Agency cases cannot cancel bail granted to a person, accused of attempting to establish Islamic rule in India through unlawful means, just because he was subsequently suspected to be a Sri Lankan national, the Madras High Court has held. A Division Bench of Justices S.S. Sundar and Sunder Mohan allowed an appeal and set …

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
1 year, 2 months ago

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation

Live Law  

The Calcutta High Court has refused to grant bail to the petitioners, accused of gang-rape by the victim who alleged that she was attacked at the birthday party of one of the accused. Earlier, a division-bench of Justice Joymalya Bagchi and Justice Gaurang Kanth had taken serious exception to the police’s actions in harassing the victim, and the petitioner’s attempts …

‘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 …

Data | Indian judicial data hides more than it reveals in bail cases
1 year, 4 months ago

Data | Indian judicial data hides more than it reveals in bail cases

The Hindu  

The number of bail appeals filed in India’s High Courts surged post 2020, according to the ‘High Court dashboard’ by DAKSH, a think-tank focussed on law and justice system reforms. Click to remove AMP mode Consequently, the number of pending bail appeals in High Courts also surged from around 50,000 to 65,000 to between 1.25 lakh to 1.3 lakh. Chart …

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 …

The primacy of liberty
1 year, 5 months ago

The primacy of liberty

Hindustan Times  

If the criminal justice system forms the skeletal frame of any democratic society and its functioning, then the fundamental right to liberty of every individual must be considered its spine because it is this logic that recognises the full personhood of an individual and limits the powers of the otherwise formidable State. A bench of justices Surya Kant and Dipankar …

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