Allahabad HC Allows Release Of Prisoners On Personal Bonds Due To Non-Availability Of Sureties During To Lockdown [Read Order]
4 years, 6 months ago

Allahabad HC Allows Release Of Prisoners On Personal Bonds Due To Non-Availability Of Sureties During To Lockdown [Read Order]

Live Law  

The Allahabad High Court recently ordered that all the accused persons, whose bail applications had been allowed subsequent to March 15, 2020 but had not been released due to non-availability of sureties amid the lockdown, may be released on execution of personal bonds. The direction is in line with the order dated April 6, 2020 of a Chief Justice-led division bench, whereby production of sureties by persons who were granted bail on or after March 15, was temporarily waived of in view of the lockdown restrictions. Reiterating the same, the single bench of Justice Abdul Moin on June 19 ordered, "Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release." The order was passed after the bench noted the many accused-applicants had not been released despite obtaining a favorable order, due to non-availability of sureties.

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History of this topic

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
1 day, 2 hours ago

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order

Live Law  

The Delhi Police on Tuesday opposed the plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. ASG Chetan Sharma, along with SPP Rajat Nair appeared for the Delhi …

Police oppose bail pleas of Umar, Sharjeel and others in Delhi riots case
1 week ago

Police oppose bail pleas of Umar, Sharjeel and others in Delhi riots case

The Hindu  

The Delhi police on Tuesday opposed the bail pleas of several accused in the 2020 north-east Delhi riots before the Delhi High Court, saying that the violence was a result of “clinical and pathological conspiracy” executed with a “diabolical intention and ruthless intensity”. The police opposed the pleas of activists Umar Khalid, Sharjeel Imam and others, who are seeking bail …

Allegations Offend Victim's Dignity: Allahabad High Court Denies Bail To Man Accused Of Forcing Wife Into Prostitution
1 week, 2 days ago

Allegations Offend Victim's Dignity: Allahabad High Court Denies Bail To Man Accused Of Forcing Wife Into Prostitution

Live Law  

The Allahabad High Court last week denied bail to a man who has been accused of forcing his wife into prostitution by compelling her to make physical relationships with his friends and other persons. Noting that the allegations against the husband are rare and the prosecution's case was not a simple case of matrimonial dispute between husband and wife, a …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
3 weeks, 4 days 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 month 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 month 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 …

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

IIT-BHU gang rape: Third accused granted bail after 11 months in jail
1 month, 1 week ago

IIT-BHU gang rape: Third accused granted bail after 11 months in jail

Hindustan Times  

The Allahabad high court has granted bail to Saksham Patel, the third accused in the 2023 gang rape of an Indian Institute of Technology-Banaras Hindu University student. Two other accused, Kunal Pandey and Abhishek Chauhan, were granted bail earlier. Justice Karunesh Singh Pawar, while allowing Patel’s bail application, noted, “Considering the submissions made, the record, and the fact that Patel …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
1 month, 1 week 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
1 month, 2 weeks 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
1 month, 2 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 …

Kerala High Court denies bail to cop accused of raping minor Dalit girl
1 month, 3 weeks ago

Kerala High Court denies bail to cop accused of raping minor Dalit girl

India Today  

The Kerala High Court denied bail to a police officer, accused of raping a 14-year-old school girl two years ago on Children’s Day, saying he committed a “heinous offence”. The judge, Justice K Babu, denied the bail petition of the officer, who at the time of the rape was a Student Police Cadet instructor at the victim’s school. In his …

Imran Khan gets bail in second Toshakhana case
1 month, 3 weeks ago

Imran Khan gets bail in second Toshakhana case

Deccan Chronicle  

Islamabad: A high court in Pakistan on Wednesday granted bail to incarcerated former prime minister Imran Khan in the second Toshakhana case.The Islamabad High Court Justice Miangul Hassan Aurangzeb, after concluding the hearing, accepted Khan's bail plea subject to furnishing two bonds of PKR 1 million each. Earlier on Thursday, a court in Pakistan had rejected Khan and his wife …

Allahabad HC Grants Bail to Muslim Man Accused of Kidnapping Hindu Girl
1 month, 3 weeks ago

Allahabad HC Grants Bail to Muslim Man Accused of Kidnapping Hindu Girl

Deccan Chronicle  

Prayagraj: The Allahabad High Court has granted bail to a Muslim man accused of kidnapping and raping a Hindu girl. Granting bail to accused Javed Alam, Justice Sameer Jain said that in her statement, the girl stated that she had crossed the age of 17 when the FIR was lodged and that she went with him and married him willingly. …

Allahabad HC Grants Bail To Man In FIR By Bajrang Dal Member For Alleged Abduction Of Minor Girl Of Different Religion
2 months ago

Allahabad HC Grants Bail To Man In FIR By Bajrang Dal Member For Alleged Abduction Of Minor Girl Of Different Religion

Live Law  

The Allahabad High Court last week granted bail to one Javed Alam, who was booked in an FIR lodged by a Bajrang Dal member accusing him of abducting a Hindu minor girl and having physical relations with her. “…it reflects that victim is willing to join the company of the applicant and to perform her matrimonial duties,” the Court noted …

Accused's Counsel Can't Directly Contact Probe Agencies/IOs Sans Court Permission: Allahabad HC Objects To Lawyers' Mails To ED
2 months ago

Accused's Counsel Can't Directly Contact Probe Agencies/IOs Sans Court Permission: Allahabad HC Objects To Lawyers' Mails To ED

Live Law  

Today, the Allahabad High Court took exception to the actions of the accused's counsels, who had sent emails to Enforcement Directorate officers requesting them to file a counter affidavit, as directed by the court, in a case involving their client. Noting that counsels' sending emails directly to the Investigating Officer was not proper and could not be appreciated, a bench …

Even single day's delay in deciding bail plea adversely affects fundamental rights: SC
2 months ago

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

Deccan Chronicle  

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.The apex court has time and again emphasised the importance of personal liberty, a bench of Justices B R Gavai and K V Viswanathan said in …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
2 months, 3 weeks 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.

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case
2 months, 3 weeks ago

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case

Live Law  

The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to 2009. The court found that the victim appeared to be a consenting party based on the evidence presented during trial. The court also referred to the Apex Court's judgment in Shailendra Rajdev Pasvan v. State of Gujarat, (2020), which …

Karnataka HC rejects bail for UP man accused of cheating 15 people across India
3 months, 1 week ago

Karnataka HC rejects bail for UP man accused of cheating 15 people across India

New Indian Express  

BENGALURU: The Karnataka High Court refused anticipatory bail to Anupkumar Chodhari, an accused from Uttar Pradesh who had allegedly cheated 15 persons from different states after receiving lakhs of rupees from them on the pretext of getting them inducted as members of the Railway Board. Under these circumstances, though in law the present petition filed under Section 438 of CrPC …

HC grants bail to Priyavrat Mandhana in money laundering case
4 months ago

HC grants bail to Priyavrat Mandhana in money laundering case

Hindustan Times  

MUMBAI: The Bombay high court on Thursday granted bail to Priyavrat Mandhana, 35, son of Mandhana Industries’ promoter, Purushottam Mandhana, observing that the Enforcement Directorate did not have sufficient reasons to arrest him. HT Image Mandhana had approached the high court, seeking immediate release from jail, claiming that his arrest by the ED was illegal for failure of its officials …

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
4 months ago

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody

Live Law  

Reiterating that the pre-trial process itself shall not become punishment, the Supreme Court yesterday set aside a bail condition imposed by the Patna High Court to the effect that the bail bonds be furnished by the accused after completion of 6 months in custody from the date of the order. "We see no valid reason for the High Court to …

Surety Amount In Bail Orders Should Align With Financial Status Of Person: Allahabad HC
4 months, 1 week ago

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

ABP News  

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

HC refuses bail to wife of suspended govt. officer in minor rape case
4 months, 1 week ago

HC refuses bail to wife of suspended govt. officer in minor rape case

The Hindu  

The Delhi High Court on Friday refused bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor girl several times and impregnated her. The court dismissed the bail application of Seema Rani Khakha, noting the case “strikes at the root of trust between two families” and the possibility of influencing witnesses can’t be ruled …

Allahabad HC grants bail to Abbas Ansari in forcible land transfer case
4 months, 3 weeks ago

Allahabad HC grants bail to Abbas Ansari in forcible land transfer case

Hindustan Times  

The Allahabad high court on Friday granted bail to Abbas Ansari, Mau MLA and son of gangster-turned-politician the late Mukhtar Ansari in a matter where a sale deed was allegedly executed forcibly in his favour at gunpoint. The bail was granted by Justice Raj Beer Singh while allowing Abbas Ansari’s application seeking his release on bail. As per facts of …

Allahabad HC relief to SP MLA in 2021 criminal case
5 months ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after …

Chandigarh: Court allows bail to HC Bar body chief in assault case
5 months ago

Chandigarh: Court allows bail to HC Bar body chief in assault case

Hindustan Times  

The court of additional sessions judge on Thursday allowed the regular bail application of Vikas Malik, president of the Punjab and Haryana High Court Bar Association, who was arrested in an assault case last month. While Chandigarh Police had opposed the bail plea, the defence counsel argued in court for two hours to present their side of the story and …

Supreme Court Issues Notice On MLA Abbas Ansari's Bail Plea In Case Over Alleged Illegal Meetings With Wife In Jail
5 months, 2 weeks ago

Supreme Court Issues Notice On MLA Abbas Ansari's Bail Plea In Case Over Alleged Illegal Meetings With Wife In Jail

Live Law  

The Supreme Court today issued notice on Uttar Pradesh MLA Abbas Ansari's plea seeking bail in a case involving allegations that his wife made unrestricted visits to him in Chitrakoot jail and he used her mobile phone to threaten witnesses and officials.A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan passed the order, calling for the UP government's …

'Deposit ₹25K With UP Gau Sewa Ayog': Allahabad HC Imposes Bail Condition On 4 Men Allegedly Arrested With 70KG Cow Beef
5 months, 3 weeks ago

'Deposit ₹25K With UP Gau Sewa Ayog': Allahabad HC Imposes Bail Condition On 4 Men Allegedly Arrested With 70KG Cow Beef

Live Law  

The Allahabad High Court recently granted bail to 4 accused booked under the UP Prevention of Cow Slaughter Act while imposing a condition requiring each accused to deposit ₹25,000 with the Uttar Pradesh Gau Sewa Ayog.A bench of Justice Karunesh Singh Pawar imposed this condition earlier this month while granting bail to 4 accused booked. The Allahabad High Court recently …

Allahabad HC Denies Bail to Man Accused of Beheading Woman For Refusing Religious Conversion
6 months ago

Allahabad HC Denies Bail to Man Accused of Beheading Woman For Refusing Religious Conversion

News 18  

The Allahabad High Court recently denied bail to a man, accused of killing a woman who refused to convert her religion after marrying a Muslim man. The court took into account the severity of the crime, accused Shoeb Akhtar’s involvement, and the advanced stage of the trial in its decision to deny bail. Shoeb Akhtar’s first bail application was rejected …

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

Allahabad High Court Denies Bail To Man Accused Of Beheading Woman As She Refused To Convert After Marriage
6 months ago

Allahabad High Court Denies Bail To Man Accused Of Beheading Woman As She Refused To Convert After Marriage

Live Law  

On Tuesday, the Allahabad High Court denied bail to a man accused of brutally beheading a Hindu woman and leaving her body in a drain in September 2020 after she refused to convert to Islam following her marriage with one Ejaj/Aijaj. The first bail application of the applicant was rejected by the High Court in January, considering the facts that, …

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns
6 months, 1 week ago

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns

The Hindu  

Published : Jul 06, 2024 14:21 IST - 8 MINS READ On bail matters, especially in cases under the draconian Unlawful Activities Act, 1967, the Supreme Court and the High Courts have been, of late, liberal in interpreting the law in favour of the accused. The two-judge bench of the Supreme Court, comprising Justices J.B. Pardiwala and Ujjal Bhuyan on …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
6 months, 1 week ago

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC

Live Law  

The Chattisgarh High Court has allowed a bail application upon observing that the right to expeditious trial is a fundamental right. The Court noted that under Section 193 of BNSS, it is the duty of the Investigating Officer to provide a police report and other documents to the accused, with the documents being indexed to the Magistrate as required under …

Soumya Vishwanathan murder case: SC to hear DP's SLP challenging bail to four convicts on July 8
6 months, 1 week ago

Soumya Vishwanathan murder case: SC to hear DP's SLP challenging bail to four convicts on July 8

New Indian Express  

NEW DELHI : On July 8, the Supreme Court will hear Delhi Police’s Special Leave Petition challenging the bail granted by Delhi HC to four life convicts in the 2008 TV journalist Soumya Vishwanathan murder case. Earlier on April 22, 2024, a bench led by Justice Trivedi had also issued notice to Delhi police and the four convicts -- Ravi …

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent
6 months, 3 weeks ago

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent

Live Law  

The Bombay High Court recently granted bail to a man booked for allegedly stripping three teenagers, inserting fingers in the anus, abusing them and assaulting them with a leather belt. “After going through the FIR and the allegations made in the FIR against the Applicant coupled with the material collected during investigation, prima facie nothing is brought on record to …

Delhi HC puts interim stay on Arvind Kejriwal's bail order
6 months, 3 weeks ago

Delhi HC puts interim stay on Arvind Kejriwal's bail order

Op India  

On Friday, June 21, the Delhi High Court temporarily suspended the order that granted bail to Delhi Chief Minister Arvind Kejriwal in the money laundering case linked to the liquor policy issue. Justice Sudhir Kumar Jain, presiding over the vacation bench, issued this order while serving notice on the ED’s petition, which contested the trial court’s decision from the previous …

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon
7 months, 4 weeks ago

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon

Live Law  

Emphasising that in matters concerning personal liberty, every single day of delay counts, the Supreme Court on Friday expressed disappointment at the Delhi High Court keeping the bail application of a petitioner pending for nearly 11 months.A bench comprising Justices BR Gavai and Sandeep Mehta was hearing a petition filed by Amandeep Singh Dhall, an accused in the Delhi liquor. …

UP Amendment To S. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC
8 months ago

UP Amendment To S. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC

Live Law  

The Allahabad High Court has held that the Criminal Procedure Code Act, 2018 which revived the provision of anticipatory bail in the State, doesn't bar the grant of PRE-ARREST BAIL to an accused booked for an offence under subsection of Section 376 IPC. On the other hand, the state's counsel contending raised a preliminary objection that sub-section of Section 438 …

Bhima Koregaon Case| Hany Babu Withdraws Bail Petition In Supreme Court
8 months, 1 week ago

Bhima Koregaon Case| Hany Babu Withdraws Bail Petition In Supreme Court

Live Law  

Hany Babu, a former Delhi University Professor, on Friday withdrew his petition in the Supreme Court seeking bail in the Bhima Koregaon case over alleged Maoist links. Accordingly, the Court had passed the following order: “The counsel for the petitioner states that there is a change in the circumstance and she would not like to press the present petition and …

Allahabad HC Grants Bail To Ex-MP Dhananjay Singh In Abduction & Extortion Case, Refuses To Stay Conviction
8 months, 2 weeks ago

Allahabad HC Grants Bail To Ex-MP Dhananjay Singh In Abduction & Extortion Case, Refuses To Stay Conviction

Live Law  

The Allahabad High Court on Saturday granted bail to former MP Dhananjay Singh in connection with a kidnapping and extortion case. Stressing that purity in politics is essential, a bench of Justice Sanjay Singh said that Courts should exercise their discretionary power sparingly and cautiously in rare and appropriate cases to stay conviction judgments. Against this backdrop and considering the …

NIA Case Accused Granted Bail by HC
9 months, 3 weeks ago

NIA Case Accused Granted Bail by HC

Deccan Chronicle  

Hyderabad: A two-judge panel of Justice K. Lakshman and Justice P. Sree sudha of the Telangana High Court enlarged on bail nine persons accused of terrorist activities and facing prosecution before the Special Court for NIA cases in nine cases. The panel allowed criminal appeals against judgments of the Special Court dismissing bail applications by various accused who are members …

Justice Ramkumar Reviews India's Latest Criminal Justice Law
9 months, 4 weeks 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 …

HC seeks Delhi Police's response on Sharjeel Imam's bail plea in sedition case
10 months ago

HC seeks Delhi Police's response on Sharjeel Imam's bail plea in sedition case

New Indian Express  

NEW DELHI: The Delhi High Court on Monday sought the response of Delhi Police on a plea moved by activist Sharjeel Imam challenging a trial court order refusing him statutory bail in a case under the anti-terror law UAPA and sedition case. Issuing notice in the plea, a division bench headed by Justice Suresh Kumar Kait posted the matter for …

Delhi HC takes suo moto cognisance of delay in prisoner’s release on bail
10 months, 2 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 …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
11 months, 2 weeks 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 …

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, …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year, 1 month ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

Bail To Accused Shouldn't Be Cancelled Based On Plea That He Is Threatening Informant After Release: Allahabad High Court
1 year, 1 month ago

Bail To Accused Shouldn't Be Cancelled Based On Plea That He Is Threatening Informant After Release: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that the bail granted to an accused should not be cancelled on the basis of an application filed claiming that the accused is continuously threatening the applicant/informant after his/her release on bail. The Court also added it is easy to reject a bail application but it is very difficult to cancel the bail already …

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
1 year, 3 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 …

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