To protect personal liberty, enforce standardised parameters on bail
3 years, 5 months ago

To protect personal liberty, enforce standardised parameters on bail

Hindustan Times  

The death of 84-year-old Father Stan Swamy in custody has rekindled the debate on the scope of pre-trial detention. The courts have often stressed that personal liberty is humankind’s most valuable possession, and the law of bail has to find the balance between two conflicting demands — shielding society from criminals, and the presumption of innocence until proven guilty. In the 1978 case of Gudikanti Narasimhulu, Justice VR Krishna Iyer recognised the grey area of pre-trial bail and noticed that it “largely hinges on the hunch of the bench, otherwise called judicial discretion”. Recognising that personal liberty is too precious a value in India’s constitutional system, he stated, “To glamorize impressionistic orders as discretionary may, on occasions, make a litigative gamble decisive of a fundamental right.” Deprivation of the liberty of an individual is a serious matter. Sensitising magistrates on the importance of zealous scrutiny of remand applications and monitoring by superior courts will go a long way towards achieving the constitutional goal of protecting personal liberty.

Personal Bail Personal Liberty Liberty  bail  judicial  accused  enforce  rule  protect  sc  standardised  liberty  courts  prosecuting  parameters  personal  remand

History of this topic

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court
11 hours, 28 minutes ago

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court

Live Law  

The Calcutta High Court has held that bail is an essential element of the criminal justice system as it affords a right to a fair trial to the accused in a criminal case. Justice Shampa Paul made these observations in a plea by a man accused under the POCSO act, against an order cancelling his bail issued by the trial …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
2 days, 17 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 …

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
2 weeks ago

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

Live Law  

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. Seeking release of the petitioner on bail, learned counsel for the petitioner submitted that by virtue of a leave and licence …

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 …

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.

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 …

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

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

News 18  

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

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

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

The Hindu  

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

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 …

‘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 …

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 …

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

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

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

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

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

The Hindu  

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

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

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

New Indian Express  

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

CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously
4 months, 3 weeks ago

CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously

Deccan Chronicle  

Bengaluru: Chief Justice of India D Y Chandrachud on Sunday said the trial judges prefer playing safe by not granting bail on important issues of crime when it is looked at with a degree of suspicion. "People who should be getting bail in the trial courts and not getting it there, as a result of which, they have to invariably …

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

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

New Indian Express  

BENGALURU: Chief Justice of India D Y Chandrachud on Sunday said the trial judges prefer playing safe by not granting bail on important issues of crime when it is looked at with a degree of suspicion. The Chief Justice underlined the need for a 'sense of robust common sense' to look at the nitty-gritty of each case. "I think it's …

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

​Arrest and liberty: On the ED’s actions

The Hindu  

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

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

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

India Today  

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

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
5 months, 1 week 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 …

[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court
6 months ago

[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has granted bail to an individual accused of offences under the Narcotic Drugs and Psychotropic Substances Act observing that conditional liberty must override the statutory embargo when prolonged detention is at odds with constitutional rights. In allowing his plea of bail of the ground of prolonged Incarceration Justice Alok Kumar Verma underscored, “The prolonged incarceration, generally …

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 …

'Require Active Deterrence': Punjab & Haryana High Court Refuses Pre-Arrest Bail To Man Booked For Stalking, Brandishing Gun At Girl
7 months, 1 week ago

'Require Active Deterrence': Punjab & Haryana High Court Refuses Pre-Arrest Bail To Man Booked For Stalking, Brandishing Gun At Girl

Live Law  

The Punjab and Haryana High Court has refused to grant anticipatory bail to a 34-year-old man accused of stalking and brandishing a gun at a girl, observing that the act "requires active deterrence. "Justice Sumeet Goel observed, "A man who is hounding a young female while brandishing a gun, poses a threat which can become a cause of disquiet and …

Get bail cancelled if conditions violated: DGP to all investigating officers in T.N.
7 months, 1 week ago

Get bail cancelled if conditions violated: DGP to all investigating officers in T.N.

The Hindu  

Tamil Nadu’s Director General of Police-cum-Head of Police Force Shankar Jiwal has instructed all unit officers under his control across the State to monitor whether accused persons who obtain bail in criminal cases, comply with bail conditions scrupulously, and to take steps to get the bail cancelled if there were any violations. The DGP’s instruction has come days after State …

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court
8 months, 3 weeks ago

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court

Live Law  

The Supreme Court held that a stricter approach regarding bail will be adopted regarding cases of custodial torture where police officers are involved.“It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution of India to invalidate an order granting bail to an accused. The Supreme Court held that a …

Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court
8 months, 4 weeks 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 …

Shortening the gap between bail and release
9 months ago

Shortening the gap between bail and release

Hindustan Times  

Bail proceedings stand at the crossroads of constitutionally guaranteed personal liberty, and the demands of criminal law that often infringe upon it. The court’s duty to safeguard liberty does not end with a mere grant of bail but extends to ensuring prompt compliance with procedure, to secure immediate release. The Supreme Court has repeatedly cautioned against imposition of onerous bail …

Justice Ramkumar Reviews India's Latest Criminal Justice Law
9 months, 1 week ago

Justice Ramkumar Reviews India's Latest Criminal Justice Law

Live Law  

My comments: - This again is a welcome provision provided it is effective and foolproof. Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— orally, it shall be reduced to …

Accused should get reasonable chance to fulfil bail conditions: Orissa HC
10 months ago

Accused should get reasonable chance to fulfil bail conditions: Orissa HC

New Indian Express  

CUTTACK: An accused should be given reasonable opportunity to fulfil the bail conditions when no time limit is specified while granting it, the Orissa High Court has held. A single judge bench of Justice V Narasingh gave the ruling in the case of one Bhisma Behera whose bail plea was rejected by the trial court after granting default bail as …

Supreme Court Refuses To Entertain Petition Challenging Validity Of Section 15 JJ Act; Liberty Granted To Approach HC
11 months, 2 weeks ago

Supreme Court Refuses To Entertain Petition Challenging Validity Of Section 15 JJ Act; Liberty Granted To Approach HC

Live Law  

The Supreme Court bench on Monday dismissed a petition challenging the constitutionality of S.15 of the Juvenile Justice Act, 2015 which provided for a preliminary assessment of Juveniles above the age of 16, charged with heinous crimes. The advocate contended that through the petition they endeavoured to challenge certain retrogressive amendments to the JJ Act “which is leading to a …

Can Anticipatory Bail Be Granted To Proclaimed Offender? Only In Exceptional & Rare Cases, Holds Supreme Court
1 year, 3 months ago

Can Anticipatory Bail Be Granted To Proclaimed Offender? Only In Exceptional & Rare Cases, Holds Supreme Court

Live Law  

The Supreme Court has observed that anticipatory bail can be granted to a person to a proclaimed offender only in an exceptional and rare case. The Court made this observation while setting aside an order passed by the the Punjab and Haryana High Court granting bail to the respondent, who was declared to be proclaimed offender under Section 82 of …

Supreme Court Half Yearly Bail Digest 2023
1 year, 4 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

The primacy of liberty
1 year, 5 months ago

The primacy of liberty

Hindustan Times  

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

In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court
1 year, 7 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 …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
1 year, 9 months ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

[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 …

Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court
1 year, 11 months ago

Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court

Live Law  

The Bombay High Court recently reiterated that the grounds on which bail was granted to an accused have to be considered by the detaining authority while deciding whether the accused needs to be preventively detained or not. APP S. S. Doifode for the State said that the detaining authority not only considered the three crimes but also additional material available …

Personal Liberty Cannot Be Curtailed On Mere Suspicion And Half-Baked Investigation: Madras HC Grants Bail To PMLA Accused
2 years ago

Personal Liberty Cannot Be Curtailed On Mere Suspicion And Half-Baked Investigation: Madras HC Grants Bail To PMLA Accused

Live Law  

While allowing the bail plea of a man charged under the Prevention of Money Laundering Act, the Madras High Court reiterated that personal liberty could not be arbitrarily taken away unless in accordance with law. A perusal of the medical reports produced by the petitioner would go to show the severity of the ailment the petitioner has been suffering for …

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 …

A New Hope For Personal Liberty: Bail Not Jail
2 years, 3 months ago

A New Hope For Personal Liberty: Bail Not Jail

Live Law  

It has been seventy-five years since the country got independence and it was Dr. BR Ambedkar who is known as the father of Indian Constitution. Liberty over deprivation On September 9, the Supreme Court granted bail to Kerala based journalist, Siddique Kappan who was in custody since October, 2020. There have been certain other recent instances where the Supreme Court …

Bail Can't Be Denied By Ignoring Basic Tenets Of Criminal Jurisprudence Merely Because Accused Was Earlier Released On Bail By Incompetent Court: Kerala HC
2 years, 3 months ago

Bail Can't Be Denied By Ignoring Basic Tenets Of Criminal Jurisprudence Merely Because Accused Was Earlier Released On Bail By Incompetent Court: Kerala HC

Live Law  

The Kerala High Court on Wednesday granted bail to a man accused of smothering and electrocuting his wife to death with an observation that merely because he was earlier released on bail by a court of incompetent jurisdiction would not be a reason keep him in custody, ignoring the basic tenets of criminal jurisprudence that an accused is presumed to …

"Sexually Provocative Dress" Remark In Bail Order: A Case Of Judicial Stereotyping
2 years, 4 months ago

"Sexually Provocative Dress" Remark In Bail Order: A Case Of Judicial Stereotyping

Live Law  

A Sessions Court of Kerala recently received a lot of flak for its order granting anticipatory bail to author and social activist Civic Chandran in a sexual harassment case. Supreme Court's View on Judicial Stereotyping The Supreme Court of India, in the case of Aparna Bhat v. State of Madhya Pradesh gave a categorical decision against judicial stereotyping in the …

Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court
2 years, 4 months ago

Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court

Live Law  

The Delhi High Court has observed that the object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention.Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under …

Fortify the justice system to ensure bail is the norm
2 years, 4 months ago

Fortify the justice system to ensure bail is the norm

Hindustan Times  

The Supreme Court ’s intervention, in granting protection to Mohammed Zubair and Nupur Sharma, does not make for an understanding of the criminal justice administration in India, for not many citizens are fortunate enough to have effective legal representation and the benefit of being heard by libertarian judges in the jurisdiction of SC. On an earlier occasion too, the Chief …

Explained | What are the latest guidelines on arrests and bail orders?
2 years, 4 months ago

Explained | What are the latest guidelines on arrests and bail orders?

The Hindu  

The story so far: On July 11, a division bench of the Supreme Court of India in Satender Kumar Antil vs CBI laid down fresh guidelines on arrests in order to have strict compliance with the provisions of Section 41 and 41A of the Code of Criminal Procedure, 1973. The Court in the present case has also emphasised upon separate …

'Bail Conditions Should Be Proportionate' : Supreme Court Says Blanket Order Restricting Zubair From Tweeting Is Unjustified
2 years, 4 months ago

'Bail Conditions Should Be Proportionate' : Supreme Court Says Blanket Order Restricting Zubair From Tweeting Is Unjustified

Live Law  

In the judgment in the Mohammed Zubair case, the Supreme Court held that the bail conditions imposed by the Courts, apart from bearing a nexus with the purpose of imposing them, ought to be proportional to the said purpose - thus striking a balance between the liberty of the accused and the enforcement of criminal justice. Case Title : Mohammed …

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