"Every Day Of Freedom Matters": Delhi High Court Modifies Condition For Suspension Of Sentence To Personal Bond For Convict Unable To Furnish Surety
2 years, 5 months ago

"Every Day Of Freedom Matters": Delhi High Court Modifies Condition For Suspension Of Sentence To Personal Bond For Convict Unable To Furnish Surety

Live Law  

Granting relief to a woman convict, the Delhi High Court recently modified a suspension of sentence condition for deposit of surety bond to deposit of a personal bond instead, on account of her being unable to furnish the surety.Observing that every day of freedom matters, Justice Jasmeet Singh was of the view that the accused cannot be made to stay in jail for the reason that she could. Granting relief to a woman convict, the Delhi High Court recently modified a suspension of sentence condition for deposit of surety bond to deposit of a personal bond instead, on account of her being unable to furnish the surety. Observing that every day of freedom matters, Justice Jasmeet Singh was of the view that the accused cannot be made to stay in jail for the reason that she could not furnish surety. Every day of freedom matters and the applicant cannot be made to stay in jail for the reason that she could not furnish surety," the Court thus observed.

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History of this topic

Executing Security Bond For Good Behaviour Under Section 109 CrPC Cannot Be Construed As Criminal Proceedings: Madras High Court
3 weeks, 6 days ago

Executing Security Bond For Good Behaviour Under Section 109 CrPC Cannot Be Construed As Criminal Proceedings: Madras High Court

Live Law  

The Madras High Court recently observed that executing a bond for good behaviour could not be considered as a criminal proceeding and the same cannot be held against a person to deny him employment. One of us sitting singly had vide order dated 04.01.2018 in W.PNo.19985 of 2017 held that s ecurity proceedings under Section 107 of Cr.P.C cannot be …

HC tells Delhi Police to update arrest memo
1 month ago

HC tells Delhi Police to update arrest memo

Hindustan Times  

New Delhi The update was imperative to ensure effective compliance with Section 47 of the Bharatiya Nagarik Suraksha Sanhita, court said. The Delhi high court has directed Delhi Police to update the arrest memo used by its officers while arresting people, adding a column to record the grounds of arrest, underscoring the significance behind this information. The said section mandates …

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions
1 month, 1 week ago

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions

Live Law  

The Delhi High Court has ordered release of a murder convict serving life imprisonment 26 years after his incarceration by quashing the decision of Sentence Review Board rejecting his plea for premature release by calling it arbitrary, irrational and illogical.Referring to various scholars, Justice Anish Dayal underscored that SRB procedures require “better compliance and. The Delhi High Court has ordered …

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. …

The top court as custodian of liberties
4 months, 1 week ago

The top court as custodian of liberties

The Hindu  

Former Delhi Deputy Chief Minister Manish Sisodia’s enlargement on bail by the Supreme Court of India, after an unconscionably long incarceration, is a welcome vindication of the apex court’s remit as custodian of individual liberties. In an eloquent exposition of its mandate, the Court reiterated that ‘a constitutional court has to lean in favour of constitutionalism and the rule of …

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail
4 months, 2 weeks ago

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail

Hindustan Times  

The Delhi high court on Wednesday asked the Enforcement Directorate if it intended to arrest chief minister Arvind Kejriwal again in the money laundering case registered in connection with the Delhi excise policy. Taking note of the Supreme Court’s July 12 order granting interim bail to the Aam Aadmi Party chief, a bench of justice Neena Bansal Krishna asked ED …

​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 …

Every day counts in matter of personal liberty: Top court urges swift bail verdict
7 months, 1 week ago

Every day counts in matter of personal liberty: Top court urges swift bail verdict

India Today  

The Supreme Court said on Friday that every single day counts in matters concerning the liberty of citizens. A bench of Justices BR Gavai and Sandeep Mehta asked the Delhi High Court to expedite the hearing of a bail plea filed by an accused in the Delhi excise policy case. The Supreme Court said that in matters concerning the liberty …

Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court
9 months ago

Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court

Live Law  

The Kerala High Court stated that the right to be enlarged on bail is an indefeasible part of the right to personal liberty under Article 21 of the Constitution and cannot be denied by imposing stringent or unreasonable conditions. Justice Bechu Kurian Thomas stated that excessive bond amounts cannot be imposed for denying bail since bail bonds only intend to …

Delhi HC takes suo moto cognisance of delay in prisoner’s release on bail
9 months, 3 weeks ago

Delhi HC takes suo moto cognisance of delay in prisoner’s release on bail

Hindustan Times  

The Delhi high court has taken suo moto cognisance of a jail superintendent’s delay in accepting bail bond and releasing a prisoner granted bail, calling it unacceptable. The court took suo moto cognisance while considering the application about the delay. The court took suo moto cognisance while considering the application about the delay in the release of the prisoner despite …

Accused Can't Be Denied Right To File SLP On Ground Of Unsatisfactory Jail Conduct: Delhi High Court Grants Parole
11 months, 3 weeks ago

Accused Can't Be Denied Right To File SLP On Ground Of Unsatisfactory Jail Conduct: Delhi High Court Grants Parole

Live Law  

The Delhi High Court has observed that the right to effectively pursue legal remedy by filing Special Leave Petition in the Supreme Court, which is the last hope for availing justice, cannot be denied to an accused on the ground of “unsatisfactory conduct.”Justice Swarana Kanta Sharma said that such a right cannot be withheld or the remedy denied to an …

Why is Delhi High Court least persuasive on denying written arrest grounds to Newsclick accused?
1 year, 2 months ago

Why is Delhi High Court least persuasive on denying written arrest grounds to Newsclick accused?

The Hindu  

Published : Oct 14, 2023 08:38 IST - 5 MINS READ Article 22 of the Constitution dictates that no person who is arrested can be detained in custody without being promptly informed of the grounds for their arrest. This precarious situation can be easily avoided by providing the written grounds of arrest, as recorded by the authorised officer in accordance …

Courts Can’t Be Used As "Matrimonial Facilitators" For Pressurizing Rape Accused To Get Married To Victim Or To Obtain Bail: Delhi High Court
1 year, 3 months ago

Courts Can’t Be Used As "Matrimonial Facilitators" For Pressurizing Rape Accused To Get Married To Victim Or To Obtain Bail: Delhi High Court

Live Law  

The Delhi High Court has observed that courts cannot be used as “matrimonial facilitators” for pressurizing the accused to get married to the victim or be denied bail in sexual assault cases. “The Courts of law cannot be used as a forum for the purpose of facilitating marriages and be used as marriage facilitators by first lodging an FIR alleging …

Personal liberty of undertrial can’t be curtailed for indefinite period: Delhi HC
1 year, 6 months ago

Personal liberty of undertrial can’t be curtailed for indefinite period: Delhi HC

The Hindu  

The Delhi High Court has observed that imprisonment at the stage of trial cannot be prolonged only for the purpose of “teaching the accused a lesson”, as it granted bail to an accused in a kidnapping case. Merely because the offence is of a serious nature cannot be the ground to curtail the personal liberty of an undertrial for an …

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

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

Live Law  

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

Right To Travel Should Be Curtailed Only In Exceptional Circumstances, Pendency Of Appeal Where Sentence Is Suspended Not A Ground: Delhi High Court
1 year, 10 months ago

Right To Travel Should Be Curtailed Only In Exceptional Circumstances, Pendency Of Appeal Where Sentence Is Suspended Not A Ground: Delhi High Court

Live Law  

Observing that the right to travel is a valuable fundamental right, the Delhi High Court has said that pendency of an appeal when sentence has been suspended cannot be an “exceptional circumstance” under which such right can be curtailed.Justice Jasmeet Singh allowed one Nitya Nand Gautam, a convict in a case registered under Prevention of Corruption Act, to travel to …

Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB
1 year, 10 months ago

Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB

Live Law  

The Allahabad High Court recently granted bail to a man accused of uploading some objectionable material on his Facebook account with regard to the Chief Minister of the state, Yogi Adityanath.The Bench of Justice Sameer Jain passed this order as it noted that the offences under which the accused has been challaned are having maximum punishment of three years and …

Excessive Conditions Cannot Be Imposed While Granting Bail/Suspension Of Sentence : Supreme Court
1 year, 11 months ago

Excessive Conditions Cannot Be Imposed While Granting Bail/Suspension Of Sentence : Supreme Court

Live Law  

The Supreme Court reiterated that excessive conditions cannot be imposed while granting bail/suspension of sentence.The conditions of bail cannot be so onerous that their existence itself tantamounts to refusal of bail, the bench of Justices Krishna Murari and V. Ramasubramanian observed while setting aside conditions imposed by Rajasthan High Court for suspension of sentence in a. The conditions of bail …

Rajasthan High Court Grants Bail To Accused On The Payment Of GST Evasion Amount
1 year, 11 months ago

Rajasthan High Court Grants Bail To Accused On The Payment Of GST Evasion Amount

Live Law  

The Rajasthan High Court has granted bail to the accused as he has already paid the amount of alleged GST evasion.The single bench of Justice Mahendra Kumar Goyal has released the accused on bail on furnishing a personal bond of Rs. The Rajasthan High Court has granted bail to the accused as he has already paid the amount of alleged …

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

A crucial push for civil liberty

Hindustan Times  

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

'Sensitivity And Law Must Be Balanced; One Is Dealing With Humans, Not Mere Files': Delhi High Court While Granting Parole To Murder Convict
2 years, 1 month ago

'Sensitivity And Law Must Be Balanced; One Is Dealing With Humans, Not Mere Files': Delhi High Court While Granting Parole To Murder Convict

Live Law  

"Sensitivity and compassion balanced with rules, regulations and law needs to be maintained by any Court as one is dealing with humans and not mere files and orders," the Delhi High Court has observed while granting parole of 45 days to a murder convict. While considering grant of parole, the court also has to remain conscious of the fact that …

Condition For Depositing Disputed Money Cannot Be Imposed On Accused While Granting Bail: Delhi High Court
2 years, 2 months ago

Condition For Depositing Disputed Money Cannot Be Imposed On Accused While Granting Bail: Delhi High Court

Live Law  

Granting bail to an accused in a case of cheating, the Delhi High Court has said that a condition for depositing disputed money cannot be imposed on an accused while granting him bail.Noting that the conditions that can be imposed while granting bail are mentioned under section 437 of CrPC, Justice Purushaindra Kumar Kaurav said the provision nowhere suggests that …

With Just Few Months Left In His Sentence & Appeal Still Pending, Delhi High Court Orders Release Of Foreigner In NDPS Case
2 years, 2 months ago

With Just Few Months Left In His Sentence & Appeal Still Pending, Delhi High Court Orders Release Of Foreigner In NDPS Case

Live Law  

The Delhi High Court has suspended the sentence of a foreigner, who was awarded 10 years of imprisonment in a case registered under Narcotic Drugs and Psychotropic Substances Act in 2020, after noting that he has spent almost the entire period of his sentence without his appeal having been heard.Justice Jasmeet Singh was of the view that it will be …

Plea Seeking Pre-Arrest Bail Not Money Recovery Proceedings: Supreme Court Sets Aside HC Bail Condition Of Depositing Rs 7.5 Lakhs
2 years, 2 months ago

Plea Seeking Pre-Arrest Bail Not Money Recovery Proceedings: Supreme Court Sets Aside HC Bail Condition Of Depositing Rs 7.5 Lakhs

Live Law  

Opining that petitions seeking pre arrest bail are not same as money recovery proceedings petitions, the Supreme Court of India recently annulled a condition imposed by the Jharkhand High Court of depositing 7.5 Lakhs as "victim compensation" while granting pre-arrest bail. A Division Bench of Dinesh Maheshwari and Bela M Trivedi observed, "Even if we take the submissions of the …

Delhi HC Registers Suo Motu PIL To Consider Premature Release Of Elderly, Infirm Prisoners
2 years, 3 months ago

Delhi HC Registers Suo Motu PIL To Consider Premature Release Of Elderly, Infirm Prisoners

Live Law  

The Delhi High Court has registered a suo motu public interest litigation on the issue of premature release of old aged and infirm prisoners.A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response from Centre, Delhi Government and Director General while posting the matter for hearing on February 13, 2023. The Delhi High Court …

Delhi High Court Restores Bail In View Of Disputed Fact About Accused Threatening Complainant
2 years, 3 months ago

Delhi High Court Restores Bail In View Of Disputed Fact About Accused Threatening Complainant

Live Law  

The Delhi High Court has recently restored bail to three men after the parties lodged counter FIRs against each other, noting unless the investigation in both the cases reaches its logical conclusion, it cannot be assumed that the accused persons had violated any of the conditions of bail granted by the lower court or tried to influence the administration of …

Every Pregnant Woman Deserves Dignity, Giving Birth In Custody Traumatic For Both Mother & Child: Delhi High Court
2 years, 4 months ago

Every Pregnant Woman Deserves Dignity, Giving Birth In Custody Traumatic For Both Mother & Child: Delhi High Court

Live Law  

Observing that every pregnant female deserves dignity during motherhood, the Delhi High Court has granted three months interim bail to a pregnant undertrial prisoner who was expecting her delivery in jail. Justice Anoop Kumar Mendiratta also added that pregnancy of a woman is a special circumstance which needs to be appreciated as giving birth to a child while in custody, …

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court
2 years, 4 months ago

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be …

Matters Regarding Personal Liberty To Be Dealt Cautiously, Balance To Be Struck Between Respect For Fundamental Rights & Fair Investigation: Delhi HC
2 years, 6 months ago

Matters Regarding Personal Liberty To Be Dealt Cautiously, Balance To Be Struck Between Respect For Fundamental Rights & Fair Investigation: Delhi HC

Live Law  

The Delhi High Court has observed that matters regarding liberty of a person have to be dealt with cautiously and that a balance has to be struck between respect for his fundamental rights and free and fair investigation as well.Justice Swarna Kanta Sharma made the observation while granting bail to a man in an FIR registered under sec. The Delhi …

"This Is Ilegal Detention" : Delhi High Court Pulls Up MHA For Not Giving Premature Release To Prisoner Despite Order
2 years, 8 months ago

"This Is Ilegal Detention" : Delhi High Court Pulls Up MHA For Not Giving Premature Release To Prisoner Despite Order

Live Law  

The Delhi High Court on Wednesday pulled up the Union Ministry of Home Affairs for not complying with an order passed way back in January 2021 for granting premature release to a prisoner.A bench of Justice Subramonium Prasad warned that the MHA Secretary will be summoned personally to show-cause for not initiating contempt action, if the order is not complied …

Mere Apprehension That Accused May Flee Can't Be Sole Factor For Denying Benefit Of S.445 CrPC: Delhi High Court
2 years, 8 months ago

Mere Apprehension That Accused May Flee Can't Be Sole Factor For Denying Benefit Of S.445 CrPC: Delhi High Court

Live Law  

The Delhi High Court has held that a mere apprehension expressed by the prosecution that the accused may flee the course of justice, cannot be the sole determinative factor for denying benefit of Section 445 Code of Criminal Procedure. A mere apprehension expressed by the prosecution that the accused may flee the course of justice, cannot be the sole determinative …

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals
2 years, 8 months ago

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals

Live Law  

The Calcutta High Court on Tuesday directed the Registrar of the High Court to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before the Court for consideration of bail within 2 weeks. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi noted that the Supreme Court in …

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case
2 years, 9 months ago

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case

Live Law  

The Delhi High Court has granted bail to a man incarcerated for almost 8 years in connection with a case registered under Narcotic Drugs and Psychotropic Substances Act, 1985, on account of inordinate delay in his trial and prolonged judicial custody.Justice Subramonium Prasad observed that there was an "egregious violation of an accused's right to personal liberty and right to …

Mere Vague Belief That Accused May Thwart Investigation Cannot Be A Ground To Prolong The Incarceration: Delhi High Court
2 years, 9 months ago

Mere Vague Belief That Accused May Thwart Investigation Cannot Be A Ground To Prolong The Incarceration: Delhi High Court

Live Law  

The Delhi High Court has observed that mere vague belief that the accused may thwart the investigation cannot be a ground to prolong the incarceration of the accused.Justice Subramonium Prasad added that if there is no apprehension of interference in administration of justice in a criminal trial by an accused, then the Court should be circumspect while considering depriving the …

Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case
2 years, 10 months ago

Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case

Live Law  

The Delhi High Court has observed that an accused person cannot be kept in custody indefinitely when the right to speedy trial is a concomitant of Article 21 of the Constitution of India. Justice Subramonium Prasad observed thus:"When right to speedy trial is a concomitant of Article 21 of the Constitution of India, it can be presumed that one the …

Rajasthan High Court Reduces Sentence Awarded To 82 year old Woman Charged Under 498A IPC To The Period Already Served By Her
2 years, 11 months ago

Rajasthan High Court Reduces Sentence Awarded To 82 year old Woman Charged Under 498A IPC To The Period Already Served By Her

Live Law  

While taking a lenient view, a Division Bench of Rajasthan High Court reduced sentence awarded to an 82 year old woman charged under 498A IPC to the period already served by her which is nearly two and half months. Justice Sandeep Mehta and Justice Vinod Kumar Bharwani observed, "We are of the view that as appellant Sayari has already attained …

Constitutional Duty Of Court To Prevent Arbitrary Deprivation Of Personal Liberty By Excess Of State Power: High Court In Delhi Riots Case
2 years, 11 months ago

Constitutional Duty Of Court To Prevent Arbitrary Deprivation Of Personal Liberty By Excess Of State Power: High Court In Delhi Riots Case

Live Law  

"It is the Constitutional duty of the Court to ensure that there is no arbitrary deprivation of personal liberty in the face of excess of State power," observed the Delhi High Court while granting bail to 6 accused persons in a riots case. "Bail is the rule and jail is the exception, and Courts must exercise their jurisdiction to uphold …

Fixed Deposits Or Electronic Transfers A Bail Condition Likely To Improve Possibility Of Accused's Attendance: Punjab And Haryana High Court
2 years, 11 months ago

Fixed Deposits Or Electronic Transfers A Bail Condition Likely To Improve Possibility Of Accused's Attendance: Punjab And Haryana High Court

Live Law  

The likelihood of an accused to attend the Court will increase if the accused knows that their money is safe and accruing interest and thus, fixed deposits or electronic transfer or creating lien over the bank, instead of cash or sureties as conditions for bail are better mediums to ensure that the accused does not flout Court's Order. A single …

Online Cheating & Fraud Rampant But Court Can't Remiss In Performing Duty To Uphold Liberty: Delhi High Court Grants Bail To Four
3 years ago

Online Cheating & Fraud Rampant But Court Can't Remiss In Performing Duty To Uphold Liberty: Delhi High Court Grants Bail To Four

Live Law  

The Delhi High Court has observed that though online cheating and fraud has become rampant in the Country, it cannot remiss in performing it's duty to uphold liberty subject to other relevant considerations. Justice Subramonium Prasad granted bail to four persons namely Moveen, Waris, Manvendra Singh and Sajid in a case initially registered under Section 420 of IPC. However, this …

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

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

Live Law  

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

"Will Lead To Anarchy If Permitted": Delhi HC Sentences Man For Three Months For Wilful Disobedience Of Repeated Court Directions In Matrimonial Dispute
3 years ago

"Will Lead To Anarchy If Permitted": Delhi HC Sentences Man For Three Months For Wilful Disobedience Of Repeated Court Directions In Matrimonial Dispute

Live Law  

The Delhi High Court on Thursday sentenced a man to simple imprisonment for a period of three months including imposition of a fine of Rs. 2000 for wilful disobedience of repeated Court directions in a matrimonial dispute requiring him to pay maintenance to his wife. Observing that the actions or omissions of the husband in choosing to show complete disregard …

Calcutta HC Grants Bail To NDPS Accused In Custody For 6.5 Yrs Noting Inordinate Delay In Trial, Violation Of Article 21
3 years, 1 month ago

Calcutta HC Grants Bail To NDPS Accused In Custody For 6.5 Yrs Noting Inordinate Delay In Trial, Violation Of Article 21

Live Law  

The Calcutta High Court last week granted bail to an NDPS Accused while observing that there had been inordinate delay in the trial, which resulted in the infraction of his fundamental right under Article 21 of the Constitution of India.Importantly, the Bench of Justice Aniruddha Roy and Justice Joymalya Bagchi further observed that the restriction on. The Calcutta High Court …

"Imposition Of Onerous Conditions For Grant Of Bail Tantamount To Denial Of Bail": Supreme Court
3 years, 1 month ago

"Imposition Of Onerous Conditions For Grant Of Bail Tantamount To Denial Of Bail": Supreme Court

Live Law  

The Supreme Court of India has recently observed that imposition of onerous conditions for grant of bail is tantamount to denial of bail. "We are of the considered view that imposition of onerous conditions for grant of bail tantamount to denial of bail", the Court said. A Bench comprising Justice Nageswara Rao and Justice BR Gavai made the observation while …

[BREAKING] Aryan Khan Case : Bombay High Court Releases Order With Bail Conditions
3 years, 1 month ago

[BREAKING] Aryan Khan Case : Bombay High Court Releases Order With Bail Conditions

Live Law  

The Bombay High Court has restrained Aryan Khan, who was yesterday granted bail in the cruise ship drug case, from leaving the country without prior leave from the Court. BREAKING : Bombay High Court gives conditions for bail of #AryanKhan, #ArbaazMerchant and #MunmunDhamecha : * They should execute execute personal of Rs 1 lakh with one or more sureties in …

Not Surrendering On Time When Granted Bail Last Year Cannot Be Reason To Deny Interim Bail Under HPC Guidelines: Delhi High Court
3 years, 2 months ago

Not Surrendering On Time When Granted Bail Last Year Cannot Be Reason To Deny Interim Bail Under HPC Guidelines: Delhi High Court

Live Law  

Full Bench of the Delhi High Court has observed that an applicant not surrendering on time when bail was granted last year cannot be a reason to deny interim bail under the High Powered Committee guidelines.A full bench comprising of Justice Vipin Sanghi, Justice Rekha Palli and Justice Talwant Singh was also dealing with applications filed by various applicants seeking …

Delhi Riots: Court Grants Bail To Man Already Released In Similar FIRs; Says His Right To Defend Himself Shall Get Prejudiced If Bail Not Granted
3 years, 3 months ago

Delhi Riots: Court Grants Bail To Man Already Released In Similar FIRs; Says His Right To Defend Himself Shall Get Prejudiced If Bail Not Granted

Live Law  

A Delhi Court has granted bail to one Tinku in a case concerning North East Delhi riots after taking note of the fact that he has already been released and enlarged on bail in five similar FIRs relating to incidents of rioting around the same locality.Observing that his right to defend himself shall get prejudiced if not enlarged on bail, …

Supreme Court Grants YSRCP MP Krishnam Raju Time Extension To Furnish Personal Bond Of Rs 1 Lakh In Sedition Case
3 years, 4 months ago

Supreme Court Grants YSRCP MP Krishnam Raju Time Extension To Furnish Personal Bond Of Rs 1 Lakh In Sedition Case

Live Law  

The Supreme Court today allowed a petition filed by YSR Congress MP Kanumuri Raghurama Krishnam Raju seeking extension of the time fixed by the Top Court in its order dated May 21, 2021 for furnishing personal bond of Rs 1,00,000 and thereby to direct the Court of VIth Additional Junior Civil Judge, Guntur to accept the personal bond furnished by …

Delhi Riots Cases : Can Liberty Of All The Accused Be Curtailed Till Trial Ends? Delhi High Court Asks Police
3 years, 4 months ago

Delhi Riots Cases : Can Liberty Of All The Accused Be Curtailed Till Trial Ends? Delhi High Court Asks Police

Live Law  

While hearing a batch of bail applications in North-East Delhi riots matter, the Delhi High Court today posed the question as to what should be the parameters for grant of bail in a case involving charges under Section 149 read with Section 302. P.C restricts the High Court in granting bail to persons accused of an offence punishable with death …

"Required To Ascertain As To Who Prepared Forged Bail Order": Delhi High Court Denies Anticipatory Bail To Woman
3 years, 4 months ago

"Required To Ascertain As To Who Prepared Forged Bail Order": Delhi High Court Denies Anticipatory Bail To Woman

Live Law  

The Delhi High Court last week denied anticipatory bail to a woman, who is involved with a matter wherein her estranged husband had placed reliance on a forged court order in bail proceedings against him before the Delhi High Court.The Bench of Justice Mukta Gupta denied the pre-arrest bail application of one Leenu Singh who submitted before the Court that …

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