No Special Consideration Can Be Given To Accused In Granting Bail Simply Because He Is A Foreigner: SC [Read Judgment]
7 years, 2 months ago

No Special Consideration Can Be Given To Accused In Granting Bail Simply Because He Is A Foreigner: SC [Read Judgment]

Live Law  

The Supreme Court, on Tuesday, asserted that an accused cannot be given any special consideration while granting bail simply because of the fact that he is a foreigner. "The law under Section 439 of Cr.P.C is very clear and in the eyes of the law every accused is the same irrespective of their nationality," the Bench comprising Justice N.V. Ramana and Justice S. Abdul Nazeer observed.The Court. "The law under Section 439 of Cr.P.C is very clear and in the eyes of the law every accused is the same irrespective of their nationality," the Bench comprising Justice N.V. Ramana and Justice S. Abdul Nazeer observed. The Court was hearing an Appeal challenging an order passed by the Punjab and Haryana High Court, whereby one Mr. Reshan Chand Kaler, who is a British national, was granted bail in a murder case.

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History of this topic

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
2 months, 3 weeks ago

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement

Live Law  

Expressing “anguish and pain” over denial of bail to a man not even named by the minor victim in her statement, the Rajasthan High Court has sought explanation from a Special POCSO Judge for his decision. The bench of Justice Anil Kumar Upman opined that the increasing tendency of trial courts in rejecting bail petitions in a "casual and routine …

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

Ruling on Sisodia calls for judicial reforms in bail process
7 months, 3 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 …

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
8 months, 3 weeks ago

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court

Live Law  

Recently, the Supreme Court observed that where an order of bail does not furnish reasons behind the decision taken, there is a presumption of the non-application of mind. "Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of this …

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape
10 months ago

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused. Spotlighting the distinction between elaboration and improvisation with respect to …

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

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

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

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

Live Law  

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

[Unlawful Assembly] Individual Role Of Each Accused Cannot Be Considered While Deciding Bail Application: Karnataka High Court
2 years, 2 months ago

[Unlawful Assembly] Individual Role Of Each Accused Cannot Be Considered While Deciding Bail Application: Karnataka High Court

Live Law  

The Karnataka High Court has observed that individual role of accused cannot be considered while deciding on bail application filed by a murder accused who was part of an unlawful assembly and who allegedly committed the offence in pursuance of a common object. In the case on hand, it has to be noted that CW19 eye-witness when he tried to …

Bail & Personal Liberty : Notable Supreme Court Judgments Of 2022
2 years, 3 months ago

Bail & Personal Liberty : Notable Supreme Court Judgments Of 2022

Live Law  

Earlier this month, the Chief Justice of the Supreme Court DY Chandrachud remarked that no case is small for Supreme Court and that it has to interfere in matters relating to personal liberty. The bench comprising Justices Ajay Rastogi and BV Nagarathna observed thus while considering a Special Leave Petition against an order passed by Chhattisgarh High Court dismissing an …

Can't Allow Bail On Parity When Co-Accused Was Granted Bail Without Assigning Any Reasons: Allahabad High Court
2 years, 9 months ago

Can't Allow Bail On Parity When Co-Accused Was Granted Bail Without Assigning Any Reasons: Allahabad High Court

Live Law  

The Allahabad High Court has observed that if bail is granted to similarly placed co-accused persons without assigning any reasons, then, on the basis of such bail orders, merely on the ground of parity, the bail application should not be allowed.Essentially, the Bench of Justice Sameer Jain was dealing with the case of one Manish who was seeking bail in …

Judges must give reasons for granting or refusing bail: Supreme Court
2 years, 11 months ago

Judges must give reasons for granting or refusing bail: Supreme Court

The Hindu  

Judges are duty-bound to give reasons for granting or denying bail, especially in cases involving serious offences and hardened criminals, the Supreme Court has held. “There is a recent trend of passing such orders granting or refusing to grant bail, where the courts make a general observation that ‘the facts and the circumstances’ have been considered. No specific reasons are …

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail
3 years, 2 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail

Live Law  

If the role attributed to the accused in an offence is prima facie less serious than the role attributed to the co-accused who have been granted the benefit of bail under S.438 CrPC and under S.439 CrPC, and if the accused is a first-time offender, then he deserves an opportunity to course-correct and the opportunity of bail cannot be denied …

Role Attached To Accused Has To Be Considered While Deciding Bail Plea Citing Parity: Supreme Court
3 years, 6 months ago

Role Attached To Accused Has To Be Considered While Deciding Bail Plea Citing Parity: Supreme Court

Live Law  

The Supreme Court observed that the role attached to the accused has to be considered while deciding the plea seeking bail on the ground of parity.The seriousness and gravity of the crime alleged has to be considered while granting bail to the accused, the bench of Justices DY Chandrachud and BV Nagarathna reiterated while setting aside a bail grant to …

'What The Court Says, And How It Says It, Is Equally Important As What It Decides': Supreme Court Explains Purpose & Importance Of Judgment
3 years, 6 months ago

'What The Court Says, And How It Says It, Is Equally Important As What It Decides': Supreme Court Explains Purpose & Importance Of Judgment

Live Law  

The Supreme Court, while setting aside a High Court order that granted bail to a murder accused, explained the 'importance of judgment; purpose of judgment and what should be contained in the judgment'.The court said that a judgment should have a clarity, both on facts and law and on submissions, findings, reasoning's and the ultimate relief granted. The Supreme Court, …

Supreme Court flags delay in listing of bail application for more than a year before Haryana High Court
3 years, 9 months ago

Supreme Court flags delay in listing of bail application for more than a year before Haryana High Court

The Hindu  

A “shocked” Supreme Court found that a bail application had not even been listed for hearing for more than a year before the Punjab and Haryana High Court, that too at a time when judiciary is going the extra distance to hear cases virtually. The top court said it normally did not intervene with the operations of the High Courts, …

Liberty Is Important But Courts Must Consider Potential Threat To Witnesses, Victims While Granting Bail : Supreme Court
3 years, 11 months ago

Liberty Is Important But Courts Must Consider Potential Threat To Witnesses, Victims While Granting Bail : Supreme Court

Live Law  

The Supreme Court has reiterated that it is necessary for courts to consider the impact on the witnesses or victims in a criminal case while granting bail to an accused.Observing thus, the Supreme Court set aside an order of the Allahabad High Court which granted bail to an accused who was arrested under the U.P. The Supreme Court has reiterated …

Court Can't Obviate Duty to Record Reasons While Deciding on Bail, Says SC
3 years, 11 months ago

Court Can't Obviate Duty to Record Reasons While Deciding on Bail, Says SC

News 18  

A court cannot obviate its duty to record reasons while deciding on bail as the matter implicates the liberty of accused, interest of the state and the victims in proper administration of criminal justice, the Supreme Court said on Tuesday. The apex court said that consent of parties cannot obviate the duty of high court to indicate its reasons why …

Rights Of Accused Should Not Become Illusory By Imposition Of Disproportionate Bail Conditions: SC [Read Judgment]
4 years, 5 months ago

Rights Of Accused Should Not Become Illusory By Imposition Of Disproportionate Bail Conditions: SC [Read Judgment]

Live Law  

The conditions which a court imposes for the grant of bail have to balance the public interest in the enforcement of criminal justice with the rights of the accused, the Supreme Court has observed.The bench comprising Justices DY Chandrachud and Indira Banerjee observed that the discretion of the court has to be guided by the need to facilitate the administration …

Bail Cannot Be Granted Without Assigning Reasons, Reiterates SC [Read Judgment]
5 years, 8 months ago

Bail Cannot Be Granted Without Assigning Reasons, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that bail cannot be granted without assigning any reason as to on what grounds, even though of a prima facie nature, it is considered just and proper to grant bail. While setting aside an Allahabad High Court order that granted bail in a murder case, the bench comprising Justice Abhay Manohar Sapre and Justice Indu …

Court Must Not Go Deep Into Merits Of The Matter While Considering Bail Application: SC Cancels Bail Granted By HC To An ‘Influential Businessman’ [Read Judgment]
6 years, 6 months ago

Court Must Not Go Deep Into Merits Of The Matter While Considering Bail Application: SC Cancels Bail Granted By HC To An ‘Influential Businessman’ [Read Judgment]

Live Law  

“We are of the view that the High Court was not justified in going into the evidence on record in such a depth which amounts to ascertaining the probability of the conviction of the accused.”The Supreme Court has cancelled bail granted by the high court to an ‘influential’ businessman accused in a murder case, taking into account his past attempt …

Criminal Antecedents of Accused cannot be ignored while granting Bail; SC [Read Judgment]
9 years, 6 months ago

Criminal Antecedents of Accused cannot be ignored while granting Bail; SC [Read Judgment]

Live Law  

A Two Judge Bench of Supreme Court today in Neeru Yadav v. State of UP has held that criminal antecedents of Accused cannot be totally ignored while granting Bail. The Bench was hearing an appeal against the Allahabad High Court order which granted Bail to Budhpal @ Buddhu- one of the Key Accused in a Murder Case. The Counsel for …

Bail and justice
15 years, 9 months ago

Bail and justice

The Hindu  

THE Supreme Courts direction on May 25 to release Dr. Binayak Sen, vice-president of the Peoples Union for Civil Liberties, on bail from the Raipur Central Jail marks a milestone in the history of the civil liberties movement in India. The campaign seeking Sens freedom intensified after 22 Nobel Prize winners, including Amartya Sen, signed a public statement on May …

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