ED Can Instruct Prosecutors On Facts, But Cannot Instruct How Prosecutors Should Act In Court: Supreme Court
1 week, 5 days ago

ED Can Instruct Prosecutors On Facts, But Cannot Instruct How Prosecutors Should Act In Court: Supreme Court

Live Law  

The Supreme Court on Wednesday held that while the Enforcement Directorate and its director can give instructions related to facts of a case to prosecutors, they cannot dictate the prosecutors' actions in court. A bench of Justice Abhay Oka and Justice Augustine George Masih clarified the trial court's order directing the Director of the ED issue instructions to public prosecutors not to oppose bail applications when trial delays were caused by the ED's actions. “However, this observation will not prevent public prosecutors from opposing a bail petition on the ground that act or omissions on the part of Enforcement Directorate are not responsible for delay of trial. The trial court had criticized the ED for delaying trial while granting bail to Kausar Imam Siddiqui, an accused in the Delhi Waqf Board money laundering case. Justice Oka had earlier described the trial court's direction to the Director of ED as “drastic.” “It is well settled that the public prosecutor has to be fair.

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History of this topic

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
2 days, 10 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 …

'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 …

High Courts should not sit on bail pleas: Supreme Court
3 months, 1 week ago

High Courts should not sit on bail pleas: Supreme Court

The Hindu  

The Supreme Court on Friday held that a High Court must either relegate bail pleas to the trial court concerned then and there or promptly hear them on merits as the right to personal liberty was at stake. The top court was addressing the argument by the Central Bureau of Investigation that Mr. Kejriwal’s bail application must be sent back …

Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales
4 months ago

Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales

Live Law  

The Supreme Court granted bail to principals of various schools and officer bearers of the Schools' Managing Committee in Jabalpur who were arrested for allegedly raising the fees and selling the books with different ISBN numbers. “Let the appellants be produced before the concerned Trial Court forthwith, who shall release them on bail, subject to the appellants giving bail-bonds in …

Supreme Court Issues Notice To ED On Vijay Nair's Bail Plea In Liquor Policy Case
4 months, 1 week ago

Supreme Court Issues Notice To ED On Vijay Nair's Bail Plea In Liquor Policy Case

Live Law  

Today, the Supreme Court issued notice to the Directorate of Enforcement on the bail plea of Aam Aadmi Party communications-in-charge Vijay Nair in a money laundering case pertaining to the national capital's excise policy. During the course of today's proceedings, Senior Advocate Vikram Chaudhary, appearing for Nair, cited the recent case wherein the bail plea of former Delhi Deputy Chief …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
4 months, 3 weeks ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren
4 months, 3 weeks ago

'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren

Live Law  

The Supreme Court on Monday dismissed Enforcement Directorate's plea challenging the Jharkhand High Court's judgment dated June 28 which granted bail to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam.The bench of Justices BR Gavai and KV Viswanathan opined that the High Court's judgment - which entered a prima facie finding that. …

Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court
5 months ago

Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court

Live Law  

In an important judgment, the Supreme Court on Tuesday held that bail orders should not be normally stayed. Setting aside an order of the Delhi High Court which stayed the bail granted in a money laundering case, the Court stated that bail orders can be stayed only in exceptional circumstances. However, the court, highlighting that the rights guaranteed under Article …

Supreme Court says an order granting bail can be put on hold only in exceptional cases
5 months ago

Supreme Court says an order granting bail can be put on hold only in exceptional cases

India Today  

The Supreme Court on Tuesday, while setting aside the order of the Delhi High Court, which stayed the bail granted in a money laundering case, held that bail orders should not normally be put on hold. Stay should be granted only in exceptional cases.” The bench in its 16-page judgment on a petition filed by Parvinder Singh Khurana, an accused …

Delhi excise policy case: Supreme Court notice to CBI, ED on Manish Sisodia’s bail plea
5 months, 1 week ago

Delhi excise policy case: Supreme Court notice to CBI, ED on Manish Sisodia’s bail plea

The Hindu  

The Supreme Court on Tuesday, July 16, 2024, sought responses from the Directorate of Enforcement and the Central Bureau of Investigation on separate petitions filed by former Delhi Deputy Chief Minister Manish Sisodia for bail in the excise policy case. However, the Bench gave the Aam Aadmi Party leader liberty to “revive” his plea for bail, afresh, as soon as …

Excise case: ED urges Delhi high court to set aside Kejriwal’s bail
5 months, 1 week ago

Excise case: ED urges Delhi high court to set aside Kejriwal’s bail

Hindustan Times  

The Enforcement Directorate has urged the Delhi high court to set aside a city court’s order, granting bail to chief minister Arvind Kejriwal in the excise policy case, asserting that the judge admittedly did not take into account the material produced by the federal probe agency showing the reasons to believe that the Aam Aadmi Party convener is guilty of …

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 …

'This is shocking': Supreme Court on Delhi High Court pausing bail order for a year
5 months, 1 week ago

'This is shocking': Supreme Court on Delhi High Court pausing bail order for a year

India Today  

Expressing shock over the way the Delhi High Court stayed a regular bail order for a year without specifying any reason, the Supreme Court on Thursday reserved its verdict and questioned the Enforcement Directorate for defending the high court's decision. A bench of Justices AS Oka and Augustine George Masih was hearing a plea by Parvinder Singh Khurana, an accused …

Delhi HC to hear ED’s plea challenging Kejriwal’s bail by city court on July 15
5 months, 1 week ago

Delhi HC to hear ED’s plea challenging Kejriwal’s bail by city court on July 15

Hindustan Times  

New Delhi: The Delhi high court on Wednesday listed the matter to July 15, the Enforcement Directorate’s plea challenging bail to Delhi chief minister Arvind Kejriwal by the trial court on June 20 in the alleged money laundering case even as the CM’s legal team requested the court to hear the matter on urgent basis. The high court had on …

In HC, Kejriwal opposes ED’s plea against his bail in excise case
5 months, 2 weeks ago

In HC, Kejriwal opposes ED’s plea against his bail in excise case

Hindustan Times  

Chief minister Arvind Kejriwal on Tuesday opposed before the Delhi high court a plea by the Enforcement Directorate against the bail he was granted, arguing that discretionary orders of bail cannot be set aside merely on perceptions and fanciful imagination of the prosecution. Kejriwal asserted that the court, before granting bail to him, had clearly heard ED, and the agency …

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety
5 months, 3 weeks ago

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety

Live Law  

The Supreme Court on Monday expressed disappointment over an 'absurd' condition for bail imposed by the Patna High Court where the bail was granted to an accused on the condition that the victim of the offence should stand as his surety. The vacation bench of Justices JB Pardiwala and Ujjal Bhuyan was hearing a matter where the Patna High Court …

Bail order exposed BJP conspiracy, so ED challenged it in Delhi HC: Sanjay Singh
6 months ago

Bail order exposed BJP conspiracy, so ED challenged it in Delhi HC: Sanjay Singh

New Indian Express  

NEW DELHI: AAP Rajya Sabha MP Sanjay Singh on Friday said the trial court order granting bail to Chief Minister Arvind Kejriwal on Thursday exposed the conspiracy of the BJP-led central government and the biased investigation by the Enforcement Directorate ; thus the agency rushed to the Delhi High Court to stall the order. Addressing the press after the high …

ED not acting without bias: Delhi CM’s bail order by trial court
6 months ago

ED not acting without bias: Delhi CM’s bail order by trial court

Hindustan Times  

A Delhi special court granted bail to Delhi chief minister Arvind Kejriwal citing lack of direct evidence against him and a potential bias in the Enforcement Directorate’s approach during its probe into a money-laundering case linked to alleged irregularities in the 2021-22 excise policy case. The court further noted the ED’s silence on how the proceeds of crime were allegedly …

Delhi Court granted bail to Arvind Kejriwal without reading ED documents saying it has no time to read them
6 months ago

Delhi Court granted bail to Arvind Kejriwal without reading ED documents saying it has no time to read them

Op India  

Delhi Chief Minister Arvind Kejriwal was granted bail by Special Judge Niyay Bindu of Rouse Avenue Courts yesterday evening, the detailed order of which was uploaded today. The Enforcement Directorate moved the High Court against the bail order today, and now it has been revealed that the lower court called ED’s arrest of Kejriwal ‘mala fide’ and granted bail without …

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
6 months ago

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing

Live Law  

The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju. …

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
6 months ago

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing

Live Law  

The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju. …

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
6 months ago

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing

Live Law  

The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju. …

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
6 months ago

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing

Live Law  

The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju. …

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
6 months ago

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing

Live Law  

The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju. …

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
6 months ago

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing

Live Law  

The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju. …

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
6 months ago

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing

Live Law  

The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju. …

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
6 months ago

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing

Live Law  

The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju. …

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
6 months ago

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing

Live Law  

The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju. …

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
6 months ago

ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing

Live Law  

The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju. …

Can court examine legality of arrest after cognisance of ED's complaint taken: SC to Hemant Soren
7 months ago

Can court examine legality of arrest after cognisance of ED's complaint taken: SC to Hemant Soren

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday asked former Jharkhand chief minister Hemant Soren whether a writ court can examine the legality of his arrest after the trial court has taken cognisance of the prosecution complaint filed by the Enforcement Directorate in the money laundering case against him related to an alleged land scam. He said the trial court had …

Supreme Court limits ED’s power to arrest PMLA accused
7 months, 1 week ago

Supreme Court limits ED’s power to arrest PMLA accused

The Hindu  

The Supreme Court on Thursday gave a fillip to the right to personal liberty by holding that a person summoned by a designated special court under the Prevention of Money Laundering Act, is presumed to be not in custody and need not apply for bail under the draconian conditions posed by the anti-money laundering law. “If the accused appears before …

With the interim bail for Arvind Kejriwal, Supreme Court balances legal process with democratic principles
7 months, 1 week ago

With the interim bail for Arvind Kejriwal, Supreme Court balances legal process with democratic principles

The Hindu  

Published : May 10, 2024 17:19 IST - 7 MINS READ On May 10, the Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta granted interim bail to Delhi Chief Minister Arvind Kejriwal till June 1. On May 7, the Supreme Court had expressed an inclination to grant Kejriwal interim bail to ensure a level playing field during the …

Money laundering case: Court raps ED as travel agency executives granted bail
7 months, 3 weeks ago

Money laundering case: Court raps ED as travel agency executives granted bail

India Today  

Noting that the Enforcement Directorate was putting obstacles in the way of the accused in exercising their fundamental rights, a special court in Mumbai granted bail to travel agency Cox & Kings Group Chief Financial Officer Anil Khandelwal and internal auditor Naresh Jain in a money laundering case. Both Jain and Khandelwal had been arrested by the ED in a …

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial
9 months ago

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial

Hindustan Times  

The Supreme Court on Wednesday pulled up the Enforcement Directorate saying the central agency cannot keep on filing supplementary chargesheets and keep person in jail without trial. The remarks by a top court bench of justices Sanjiv Khanna and Dipankar Datta were made while taking exception to the agency filing four supplementary chargesheets in a money laundering case arising from …

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, …

Sessions Judge Who Was Asked To Go For Training Says He's Due To Be Considered For Elevation; Supreme Court Refuses Early Hearing
1 year, 7 months ago

Sessions Judge Who Was Asked To Go For Training Says He's Due To Be Considered For Elevation; Supreme Court Refuses Early Hearing

Live Law  

The Supreme Court, on Monday, refused early listing of application filed by a Judge of a Sessions Court in Lucknow, who was recently asked by the Supreme Court to be sent for Training as he did not follow the law laid down by the Apex Court in Satender Kumar Antil v. CBI. On the last date of hearing, it was …

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 …

Patna HC Orders Action Against A Public Prosecutor Whose Absence Resulted In Non-Disposal Of Over 90 Bail Matters
2 years ago

Patna HC Orders Action Against A Public Prosecutor Whose Absence Resulted In Non-Disposal Of Over 90 Bail Matters

Live Law  

In a significant order, the Patna High Court recently directed the Advocate General for State to take action against a Public Prosecutor who remained absent before the Court due to which over 90 bail matters could not be disposed of by the Court. "Copy of the order be sent to the office of the learned Advocate General to take steps …

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution
2 years, 1 month ago

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution

Live Law  

The Supreme Court recently took exception to how a Judge of the Allahabad High Court dismissed almost 45 petitions seeking anticipatory bail on a single day, in the same fashion for non-prosecution. "We are not supposed to comment at this stage but direct the Registrar of the High Court of Allahabad to submit the report to this Court after obtaining …

Bail Application Must Be Decided Expeditiously And Not To Be Posted In 'Due Course Of Time': Supreme Court
2 years, 3 months ago

Bail Application Must Be Decided Expeditiously And Not To Be Posted In 'Due Course Of Time': Supreme Court

Live Law  

The Supreme Court reiterated that bail applications must be decided as expeditiously as possible and not to be posted in due course of time.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 interim relief prayed in an anticipatory bail application. The Supreme …

Reasons Which Weigh With Court In Cancelling Bail To Co Accused Would Also Apply On Other Accused Seeking Bail: Supreme Court
2 years, 8 months ago

Reasons Which Weigh With Court In Cancelling Bail To Co Accused Would Also Apply On Other Accused Seeking Bail: Supreme Court

Live Law  

The Supreme Court has observed that the reasons which weigh with the Court in cancelling the bail granting to co accused would also apply in case of bail preferred by another accused in relation to the same FIR and incident. In the impugned judgement, the High Court had allowed the application preferred by first respondent seeking bail for the case …

Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed
2 years, 9 months ago

Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed

Live Law  

Taking into consideration that the co accused who was on bail and there was no likelihood of the trial being completed soon, the Supreme Court recently granted bail to an accused who had been in custody since 2020.The bench of Justices LN Rao and BR Gavai granted bail in SLP assailing Punjab and Haryana High Court's order dated September 20,2021 …

No Discussion Or Analysis: Supreme Court Sets Aside HC Order Granting Bail To Murder Accused
3 years, 4 months ago

No Discussion Or Analysis: Supreme Court Sets Aside HC Order Granting Bail To Murder Accused

Live Law  

There is no discussion or analysis of circumstances at all, the Supreme Court observed while setting aside a High Court order granting bail to murder accused.The bench comprising Justices DY Chandrachud and MR Shah observed that in a case where an earlier application for bail has been rejected, there is a higher burden on the appellate court to furnish specific …

Instruct Judicial Officers Over The Manner Of Reflecting Facts Of FIR In Bail Order: P&H High Court To Judicial Academy
3 years, 5 months ago

Instruct Judicial Officers Over The Manner Of Reflecting Facts Of FIR In Bail Order: P&H High Court To Judicial Academy

Live Law  

The Punjab & Haryana High Court on Thursday directed the Director, Chandigarh Judicial Academy to issue appropriate directions to the judicial officers on the manner in which the facts in the FIR need to be reflected in the Bail order, before an opinion whether bail/anticipatory bail is to be granted or declined is formed.The Bench of Justice Arvind Kumar Sangwan …

Supreme Court flags delay in listing of bail application for more than a year before Haryana High Court
3 years, 6 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, …

Breaking: At least Half Of HC Judges Should Sit On Alternative Days To Hear Persons In Distress, Non-Listing Of Bail Application Impinges On Liberty Of Accused: SC
3 years, 6 months ago

Breaking: At least Half Of HC Judges Should Sit On Alternative Days To Hear Persons In Distress, Non-Listing Of Bail Application Impinges On Liberty Of Accused: SC

Live Law  

Seeing that a bail application filed before the Punjab and Haryana High Court has not been listed for hearing for more than 1 year, the Supreme Court has observed that under the prevailing pandemic, at least half of the judges should sit on alternative days so that hearing is accorded to the person in distress. "Non-listing of application for regular …

High Courts Can Grant Protection To Accused While Dismissing Anticipatory Bail Plea In Exceptional Circumstances: Supreme Court
3 years, 6 months ago

High Courts Can Grant Protection To Accused While Dismissing Anticipatory Bail Plea In Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court observed that a High Court, while dismissing anticipatory bail applications, can issue protective orders only when there are exceptional circumstances.The bench headed by CJI Ramana also observed that such orders should explain the reasons for issuing such protection. The Supreme Court observed that a High Court, while dismissing anticipatory bail applications, can issue protective orders only when …

Accused Has Right To Have His Bail Plea Heard In Reasonable Time: Allahabad HC Seeks Time Bound Procedure For Supplying Instructions To Govt Advocates
3 years, 6 months ago

Accused Has Right To Have His Bail Plea Heard In Reasonable Time: Allahabad HC Seeks Time Bound Procedure For Supplying Instructions To Govt Advocates

Live Law  

"Failure of the police authorities to provide timely instructions to the Govt Advocate/ Additional Govt Advocate in bail applications causes delay in the hearing of the bail applications, and often leads to unjustified incarceration of an accused in jail," the Allahabad High Court observed recently. A Single Bench of Justice Ajay Bhanot has therefore directed the Director General of Police, …

Liberty Is Important But Courts Must Consider Potential Threat To Witnesses, Victims While Granting Bail : Supreme Court
3 years, 7 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 …

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