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 an open-and-shut one. “From our experience, we can say that it appears that the trial courts and the High Courts attempt to play safe in matters of grant of bail… The principle that bail is a rule and refusal is an exception is, at times, followed in breach… It is high time trial courts and the High Courts recognised once again the principle that ‘bail is the rule and jail is the exception’,” Justice Gavai, who authored the 38-page verdict, observed. “Even if the allegation is a grave economic offence, it is not a rule that bail should be denied in every case… Ultimately, the consideration has to be made on a case-to-case basis, on the facts… The primary object is to secure the presence of the accused to stand trial,” the Supreme Court said.

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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
2 hours, 24 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 …

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
1 day, 12 hours 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
2 days, 8 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 …

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

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

Live Law  

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

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
1 week, 3 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 …

Delhi excise policy case: SC eases bail terms, AAP’s Manish Sisodia doesn’t need to report to police twice a week
1 week, 5 days ago

Delhi excise policy case: SC eases bail terms, AAP’s Manish Sisodia doesn’t need to report to police twice a week

Live Mint  

Aam Admi Party leader Manish Sisodia got relief in his bail conditions on Wednesday. The former Delhi deputy chief minister won't have to report to the investigating officer twice a week in cases related to the Delhi excise policy, after the Supreme Court’s order. On August 9, the court had granted him bail in both cases linked to the alleged …

Excise policy case: SC relaxes bail condition for Manish Sisodia
1 week, 5 days ago

Excise policy case: SC relaxes bail condition for Manish Sisodia

Hindustan Times  

The Supreme Court on Wednesday relaxed bail conditions of Aam Aadmi Party leader Manish Sisodia which required him to report to the investigating officer twice a week in the two cases probed against him by the Enforcement Directorate and the Central Bureau of Investigation in the Delhi excise policy case. A bench of justices Bhushan R Gavai and KV Viswanathan …

Excise policy cases: SC relaxes Manish Sisodia's bail conditions
Trending News
1 week, 5 days ago

Excise policy cases: SC relaxes Manish Sisodia's bail conditions

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday relaxed bail conditions of AAP leader Manish Sisodia which required him to report to the investigating officer twice a week in the corruption and money laundering cases related to the Delhi excise policy. On August 9, the apex court granted him bail in the corruption and money laundering cases linked to the alleged …

Delhi Excise Policy Case : Supreme Court Deletes Bail Condition Requiring Manish Sisodia To Appear Before CBI & ED Twice A Week
1 week, 5 days ago

Delhi Excise Policy Case : Supreme Court Deletes Bail Condition Requiring Manish Sisodia To Appear Before CBI & ED Twice A Week

Live Law  

In a relief to Aam Aadmi Party leader Manish Sisodia, the Supreme Court today deleted the bail condition imposed on him in the Delhi Excise Policy case requiring appearance before the Investigating Officers of the ED & CBI twice a week.A bench of Justices BR Gavai and KV Viswanathan passed the order, clarifying that Sisodia shall regularly attend the trial. …

SC relaxes bail conditions for Manish Sisodia in excise policy cases
1 week, 5 days ago

SC relaxes bail conditions for Manish Sisodia in excise policy cases

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday relaxed the bail conditions of AAP leader and Deputy Chief Minister of Delhi, Manish Sisodia, requiring him to report to the investigating officer twice a week in the corruption and money laundering cases related to the Delhi excise policy case. The apex court, while granting bail to Sisodia, had put several conditions, including …

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
1 week, 6 days ago

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

Live Law  

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the …

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
2 weeks, 5 days 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 …

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

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

Live Law  

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

Fix time for completion of trials, but denying bail no solution, SC tells HCs
3 weeks, 2 days ago

Fix time for completion of trials, but denying bail no solution, SC tells HCs

New Indian Express  

NEW DELHI: The Supreme Court has expressed strong displeasure after discovering that High Courts have been denying bail to people incarcerated for long periods. A two-judge bench of Justices Abhay S. Oka and Augustine George Masih observed, “Every day we notice that in several orders passed by different High Courts while rejecting the bail applications, in a routine manner, the …

'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 …

Supreme Court notice to CBI, ED on Manish Sisodia's bail relaxation plea
1 month ago

Supreme Court notice to CBI, ED on Manish Sisodia's bail relaxation plea

Hindustan Times  

The Supreme Court on Friday issued a notice to the Central Bureau of Investigation and Enforcement Directorate regarding Aam Aadmi Party leader Manish Sisodia's plea seeking relaxation of bail conditions in the Delhi liquor excise policy case. Manish Sisodia was released on bail by the Supreme Court in August after a 17-month-long stint in jail. A bench comprising Justices BR …

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
1 month ago

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA

Live Law  

The Supreme Court today granted anticipatory bail to Jagannath Temple Priest, Rajkumar Daitapati in relation to PMLA proceedings initiated against him for alleged offence of money laundering. The petitioner, stated to be a generational priest of the Shri Jagannath Temple, Puri, Orrisa has been arrayed in proceedings under S. 3 and 4 of the Prevention for Money Laundering Act 2002. …

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

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

Live Law  

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

Disposing bails, money laundering cases: A look at DY Chandrachud's tenure as Chief Justice
1 month, 2 weeks ago

Disposing bails, money laundering cases: A look at DY Chandrachud's tenure as Chief Justice

India Today  

Outgoing Chief Justice of India DY Chandrachud's tenure from November 2022 to November 2024 has left a distinct imprint on the judiciary. His term saw a concentrated focus on issues of personal liberty, disposal of long-pending constitutional cases, and tackling economic offences, particularly under the Prevention of Money Laundering Act. The Supreme Court, during DY Chandrachud's tenure as Chief Justice, …

Even single day's delay in deciding bail plea adversely affects fundamental rights of citizens: SC
1 month, 2 weeks ago

Even single day's delay in deciding bail plea adversely affects fundamental rights of citizens: SC

New Indian Express  

NEW DELHI: Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens. "It has been observed by this court even a single day delay in deciding the bail application adversely affects the fundamental rights of the citizens," …

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 …

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

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court
2 months, 3 weeks ago

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court

Live Law  

The Supreme Court while granting bail to former Tamil Nadu Minister Senthil Balaji, held that higher thresholds for granting bail in stringent penal statutes like the PMLA, UAPA, and NDPS Act cannot be a tool to keep an accused incarcerated without trial. I t is a well settled principle of our criminal jurisprudence that “bail is the rule, and jail …

SC grants bail to former Tamil Nadu minister Senthil Balaji in money laundering case
2 months, 3 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, …

Supreme Court comes to the rescue of man languishing in prison despite bail
3 months ago

Supreme Court comes to the rescue of man languishing in prison despite bail

The Hindu  

The Supreme Court set at liberty a man languishing in jail for four months after he got bail from the apex court due to his inability to furnish a local surety on Wednesday. A three-judge Bench headed by Justice Hrishikesh Roy directed the release of Ramchandra Thangappan Aachari, represented by advocates Neha Rathi and Pranav Sachdeva, on bail on his …

Manish Sisodia, Atishi Share Sweets As Arvind Kejriwal Gets Bail After 6 Months
3 months, 1 week ago

Manish Sisodia, Atishi Share Sweets As Arvind Kejriwal Gets Bail After 6 Months

ABP News  

AAP leaders Manish Sisodia, Saurabh Bharadwaj and Atishi joined party workers to celebrate the bail granted to Delhi Chief Minister Arvind Kejriwal in a corruption case registered by the Central Bureau of Investigation in the now-scrapped liquor policy case. While granting bail to Kejriwal, who was in jail for last six months, Justice Ujjal Bhuyan questioned the timing and manner …

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

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

Hindustan Times  

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

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 …

Delhi excise policy case: SC grants bail to former AAP functionary Vijay Nair in PMLA case after 23 months
3 months, 3 weeks ago

Delhi excise policy case: SC grants bail to former AAP functionary Vijay Nair in PMLA case after 23 months

New Indian Express  

NEW DELHI: The Supreme Court on Monday granted bail to former Aam Aadmi Party communications in-charge Vijay Nair in connection with a money laundering case registered by the Enforcement Directorate in connection with the Delhi excise policy ‘scam’ case. The bench led by Justice Hrishikesh Roy and Justice SVN Bhatti noted that the ED had failed to complete the trial …

A wave of SC verdicts declaw PMLA’s stringent bail provision
3 months, 3 weeks ago

A wave of SC verdicts declaw PMLA’s stringent bail provision

The Hindu  

A wave of Supreme Court judgments has seen the declawing of a stringent bail provision under the Prevention of Money Laundering Act while emphasising that liberty is the rule while jail is an exception. Justice Viswanathan, while granting bail to Jharkhand Chief Minister Hemant Soren’s aide Prem Prakash bail under the PMLA, explained that Section 45 cannot be used to …

Bail rule, jail exception even in PMLA cases, stresses SC
3 months, 3 weeks ago

Bail rule, jail exception even in PMLA cases, stresses SC

Hindustan Times  

The Supreme Court on Wednesday ruled that the principle “bail is the rule, and jail is the exception” applies even in cases under the stringent Prevention of Money Laundering Act, in a decision that seeks to safeguard against the erosion of liberty by overly restrictive interpretations of bail provisions under the harsh law that requires the proof of innocence, and …

K Kavitha’s bail: What is PMLA’s bail concession for women?
3 months, 3 weeks ago

K Kavitha’s bail: What is PMLA’s bail concession for women?

The Hindu  

The Supreme Court on Tuesday granted bail to Bharat Rashtra Samithi leader K Kavitha in graft and money laundering cases registered by the Central Bureau of Investigation and Enforcement Directorate respectively in connection with the alleged Delhi excise policy scam. On July 1, the Delhi High Court dismissed the bail plea of the BRS leader noting that she was “well-educated” …

'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, …

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

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

Hindustan Times  

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

Bail always the norm, even in money laundering cases: SC
3 months, 3 weeks ago

Bail always the norm, even in money laundering cases: SC

The Hindu  

The Supreme Court on Wednesday held that bail is the rule and jail is an exception even in money laundering cases. The judgment, authored by Justice Viswanathan, granted relief to Jharkhand Chief Minister Hemant Soren’s aide, Prem Prakash, in an illegal mining-related case registered by the Enforcement Directorate. The court held that Section 45 of the Prevention of Money Laundering …

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 …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
3 months, 4 weeks 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
4 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 …

UAPA no exception to the rule on bail
4 months, 1 week ago

UAPA no exception to the rule on bail

Hindustan Times  

Time and again, the Supreme Court has pronounced that bail is the rule and jail the exception. The fact is that the UAPA, which was meant to be an anti-terror law, has been crafted in such a way that conditions that ordinarily merit grant of bail do not suffice. In February this year, the SC, in another matter where it …

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

SC denies immediate bail to Kejriwal, seeks CBI’s reply

Hindustan Times  

New Delhi The Supreme Court on Wednesday denied immediate interim bail to Delhi chief minister Arvind Kejriwal, who is under arrest in connection with the Delhi excise policy case, even as it sought a response from the Central Bureau of Investigation before taking up the matter on August 23. Kejriwal has been in custody since March 21 following his arrest …

Excise case: Supreme Court to hear Arvind Kejriwal’s bail application today
4 months, 1 week ago

Excise case: Supreme Court to hear Arvind Kejriwal’s bail application today

Hindustan Times  

The Supreme Court will on Wednesday hear a plea filed by Delhi chief minister Arvind Kejriwal seeking release from jail in connection with the Delhi excise policy case, in which he is under investigation by the Central Bureau of Investigation. Chief minister Arvind Kejriwal A bench of justices Surya Kant and Ujjal Bhuyan will take up Kejriwal’s two petitions, which …

‘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 …

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