SC Upholds Bail Cancellation In Honour Killing Case [Read Judgment]
7 years, 11 months ago

SC Upholds Bail Cancellation In Honour Killing Case [Read Judgment]

Live Law  

Her identity was crushed and her thinking was crucified by parental dominance, which has roots in an unfathomable sense of community honour, the court observed.Terming a bail order granted to the accused in an honour killing case by sessions judge as “sanctuary of errors’, the Supreme Court upheld cancellation of bail by the high court.Coming down heavily on the trial court judge for. Her identity was crushed and her thinking was crucified by parental dominance, which has roots in an unfathomable sense of community honour, the court observed. Terming a bail order granted to the accused in an honour killing case by sessions judge as “sanctuary of errors’, the Supreme Court upheld cancellation of bail by the high court. Coming down heavily on the trial court judge for his ‘perversity of approach’, Justice Dipak Misra said the judge did not take note of the fact that the bail applications had been rejected twice and the matter had travelled to the apex court.

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History of this topic

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
3 months, 1 week ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
10 months, 3 weeks ago

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court

Live Law  

While denying bail to a man accused of murdering a person belonging to the marginalized community, the Madras High Court has stressed that while considering bail applications in connection with offenses under the SC/ST Act, the courts should refrain from granting bail merely based on period of detention. Selvakumar argued that the Special Court had granted bail to the co-accused …

Affirming the primacy of bail
2 years, 8 months ago

Affirming the primacy of bail

Hindustan Times  

An unfortunate facet of the Indian criminal justice system is the prolonged incarceration of people not convicted of any crime because of denial of bail. Despite four decades of Supreme Court jurisprudence stressing the importance of granting bail as a matter of practice and jail time only in exceptional circumstances, thousands of people continue to languish behind bars even as …

Court Deciding Bail Application Cannot Completely Divorce Its Decision From Material Aspects Of The Case: Supreme Court
3 years ago

Court Deciding Bail Application Cannot Completely Divorce Its Decision From Material Aspects Of The Case: Supreme Court

Live Law  

The Supreme Court reiterated that a Court deciding a bail application cannot completely divorce its decision from material aspects of the case.The material aspects includes the following: allegations made against the accused; severity of the punishment if the allegations are proved beyond reasonable doubt which would result in a conviction;. The material aspects includes the following: allegations made against the …

'Love Affair' Irrelevant Ground For Bail When Victim Is A Minor Girl : Supreme Court In POCSO Case
3 years, 1 month ago

'Love Affair' Irrelevant Ground For Bail When Victim Is A Minor Girl : Supreme Court In POCSO Case

Live Law  

Noting that once prima facie it appears that the prosecutrix was a minor, the grounds that there was a "love affair" between her and the accused and the accused's alleged refusal to marry would be extraneous for bail, the Supreme Court on Monday set aside the bail granted to an accused under section 376, IPC and section 6, POCSO. as …

'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, …

Widow Seeks Cancellation Of Bail Granted To Her Mother Accused In 'Honour' Killing Case; Supreme Court Issues Notice
3 years, 7 months ago

Widow Seeks Cancellation Of Bail Granted To Her Mother Accused In 'Honour' Killing Case; Supreme Court Issues Notice

Live Law  

The Supreme Court on Thursday issued a notice in a plea filed by a widow seeking cancellation of the bail granted to her mother in a case of 'honour killing' of her husband. The present plea has been filed by a 29-year-old woman who is the wife of the deceased, challenging the order dated 09.07.2021 passed by the Rajasthan High …

'Honour' Killing : Supreme Court Cancels Bail Granted To Man Accused Of Conspiracy To Murder Brother-in-Law In front Of Pregnant Wife
3 years, 8 months ago

'Honour' Killing : Supreme Court Cancels Bail Granted To Man Accused Of Conspiracy To Murder Brother-in-Law In front Of Pregnant Wife

Live Law  

The Supreme Court on Monday set aside an order of the Rajasthan High Court which granted bail to a man accused of conspiracy to murder in a case of honour killing.The order cancelling bail was passed in an appeal field by the wife of the deceased husband against the High Court's order. The Supreme Court on Monday set aside an …

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 …

Factors To Be Considered For Cancellation Of Bail And Challenging Bail Order Are Different: SC [Read Judgment]
5 years, 7 months ago

Factors To Be Considered For Cancellation Of Bail And Challenging Bail Order Are Different: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the grounds for consideration of an application seeking cancellation of bail and an application challenging the order of grant of bail are different.In Bharatbhai Bhimabhai Bharwad vs. state of Gujarat, the bench comprising Justice, while setting aside a High Court order, observed: "It is well settled that the consideration applicable for cancellation. The Supreme …

SC Slams UP Govt. For Negligent And Lackadaisical Approach In Contesting Criminal Cases Against Accused [Read Order]
6 years, 4 months ago

SC Slams UP Govt. For Negligent And Lackadaisical Approach In Contesting Criminal Cases Against Accused [Read Order]

Live Law  

The Supreme Court has come down heavily on the state of Uttar Pradesh for its negligent and lackadaisical approach in contesting cases against the accused in criminal appeals.The bench of Justice NV Ramana and Justice Mohan M Shantanagoudar was considering an appeal filed by de facto complainant against Allahabad High Court order granting bail to a murder accused. The Supreme …

Victims Of Crime Can Seek Cancellation Of Bail, Holds MP HC [Read Order]
6 years, 8 months ago

Victims Of Crime Can Seek Cancellation Of Bail, Holds MP HC [Read Order]

Live Law  

‘It is the responsibility of the state to bring the accused to law but in such process the actual sufferer of crime cannot be permitted to stay outside the law and to watch the proceedings from hindsight.’The Madhya Pradesh High Court in Mahesh Pahade vs. State of MP has held that a victim of crime has a right to seek …

Granting Bail To Rape Accused Solely On Plea Of Community Service Completely Unwarranted: Delhi HC [Read Judgment]
6 years, 11 months ago

Granting Bail To Rape Accused Solely On Plea Of Community Service Completely Unwarranted: Delhi HC [Read Judgment]

Live Law  

HC quashes trial court order of anticipatory bail to MBA student accused of rape on offer of community serviceThe Delhi High Court has quashed the order of a trial court granting anticipatory bail to a 26-year-old MBA student accused of rape after he offered to do community service by teaching underprivileged children to show his bonafide towards the society.Justice Sanjeev …

SC Cancels Bail Granted To Woman Accused Of Forcing Girls Into Prostitution [Read Order]
7 years, 3 months ago

SC Cancels Bail Granted To Woman Accused Of Forcing Girls Into Prostitution [Read Order]

Live Law  

The Supreme Court has cancelled bail granted to a lady convicted for immoral traffic, after the state told the court that she is involved in immoral trafficking and forcing young girls into prostitution.Kali was convicted under various sections of the Immoral Traffic Act. The Supreme Court has cancelled bail granted to a lady convicted for immoral traffic, after the state …

SC Cancels Bail Granted To Woman Accused Of Forcing Girls Into Prostitution [Read Order]
7 years, 3 months ago

SC Cancels Bail Granted To Woman Accused Of Forcing Girls Into Prostitution [Read Order]

Live Law  

The Supreme Court has cancelled bail granted to a lady convicted for immoral traffic, after the state told the court that she is involved in immoral trafficking and forcing young girls into prostitution.Kali was convicted under various sections of the Immoral Traffic Act. The Supreme Court has cancelled bail granted to a lady convicted for immoral traffic, after the state …

SC Upholds Bail Cancellation In Honour Killing Case [Read Judgment]
7 years, 11 months ago

SC Upholds Bail Cancellation In Honour Killing Case [Read Judgment]

Live Law  

Her identity was crushed and her thinking was crucified by parental dominance, which has roots in an unfathomable sense of community honour, the court observed.Terming a bail order granted to the accused in an honour killing case by sessions judge as “sanctuary of errors’, the Supreme Court upheld cancellation of bail by the high court.Coming down heavily on the trial …

SC Cancels Bail Granted To Rajballav Prasad In Rape Case [Read Judgment]
8 years, 3 months ago

SC Cancels Bail Granted To Rajballav Prasad In Rape Case [Read Judgment]

Live Law  

Public interest of fair trial would outweigh the personal interest of the accused, the bench said.The Supreme Court, in State Of Bihar vs. Rajballav Prasad, has cancelled the bail granted by the high court to the accused charged with committing rape on a minor.It observed that while considering a bail application, if it is found that there is a possibility …

SC Cancels Bail Granted To Rajballav Prasad In Rape Case [Read Judgment]
8 years, 3 months ago

SC Cancels Bail Granted To Rajballav Prasad In Rape Case [Read Judgment]

Live Law  

Public interest of fair trial would outweigh the personal interest of the accused, the bench said.The Supreme Court, in State Of Bihar vs. Rajballav Prasad, has cancelled the bail granted by the high court to the accused charged with committing rape on a minor.It observed that while considering a bail application, if it is found that there is a possibility …

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