Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court
1 year, 7 months ago

Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court

Live Law  

The Supreme Court, on Tuesday, indicated that courts should impose realistic conditions of bail considering the economic and social position of the undertrial prisons or else the act of grant of bail does not subserve its purpose. A Bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia observed the same while hearing a suo moto writ petition instituted for the purposes of issuing a comprehensive policy strategy for grant of bail. On a previous occasion the Apex Court had said, “If the bail bonds are not furnished within one month from the date of grant bail, the concerned Court may suo moto take up the case and consider whether the conditions of bail require modification/ relaxation”. While noting the same, on Tuesday, the Bench observed, “We do believe that every endeavour be made by concerned courts that when they grant bail it must be fruitful as imposition of conditions of bail which, given the economic and social scenarios the person is unable to meet, does not subserve the purpose.

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History of this topic

In India, Far More Demand For Government Jobs Than Available Posts; Absolute Scruplousness Necessary In Selection Process: Supreme Court
1 week, 1 day ago

In India, Far More Demand For Government Jobs Than Available Posts; Absolute Scruplousness Necessary In Selection Process: Supreme Court

Live Law  

"In India, the reality is that there are far more takers of Government jobs than there are jobs available," observed the Supreme Court recently while setting aside the bail granted to the accused in case over the use of a "dummy candidate" in a Civil Engineer Competitive Examination.A bench comprising Justice Sanjay Karol and Justice Ahsanudding Amanullah allowed the appeal …

DC Edit | Courts must not delay bail cases
Trending News
1 week, 4 days ago

DC Edit | Courts must not delay bail cases

Deccan Chronicle  

Article 21 of the Constitution which states that no person shall be deprived of his life or personal liberty except according to procedure established by law is the guarantee of personal liberty against the possible excesses of the state. It has time and again told the courts across the country not to feel cagey about ensuring personal liberty or granting …

Court grants bail to rape accused, asks him to marry survivor within 3 months
1 week, 6 days ago

Court grants bail to rape accused, asks him to marry survivor within 3 months

India Today  

A 26-year-old rape accused was recently granted bail by the Allahabad High Court on the condition that he marry the survivor within three months of his release from jail, the Bar and Bench reported. The order was passed on February 20 by a single-judge bench headed by Justice Krishan Pahal after the accused, identified as Naresh Meena alias Narsaram Meena, …

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
1 week, 6 days ago

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences

Live Law  

In a recent case of 'X v. State of Rajasthan,' the Supreme Court observed that courts should refrain from entertaining bail applications in serious offences such as rape, murder, dacoity once the trial has commenced. Relying on an earlier order granting bail to a co-accused as well as noting certain discrepancies in the prosecutrix's statement recorded under Section 164 of …

There's An Element Of Truth In Allegation That Courts Aren't Granting Bail In Deserving Cases : Justice Abhay S Oka
1 month ago

There's An Element Of Truth In Allegation That Courts Aren't Granting Bail In Deserving Cases : Justice Abhay S Oka

Live Law  

Justice Abhay Oka, Judge of the Supreme Court, said that there was an element of truth in the public criticism that the Courts are not granting bail to deserving persons. "Even in cases of PMLA and UAPA it must apply with some modifications," Justice Oka said On Media trial and Social media trial A judge cannot take any decision based …

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court
1 month ago

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a bail application solely on the ground that the Apex Court had not permitting the filing of a fresh application.The Court reiterated that the filing of a fresh bail application, after the dismissal of an earlier bail application or the cancellationtion of the bail granted, was a right. The …

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017
1 month, 2 weeks ago

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017

Live Law  

While granting bail to a man accused of murder, the Allahabad High Court observed that it was regrettable that the applicant was kept in prison for more than 7 years without the trail ending anytime soon. Justice Krishan Pahal held, “Keeping the applicant in custody under these circumstances, when there is no realistic possibility of the trial being concluded in …

'Exorbitant Bail Bond Deprives Accused Of Liberty, Adversely Impacts Family': Punjab & Haryana HC Reduces ₹50 Lakh Surety To ₹50k
1 month, 2 weeks ago

'Exorbitant Bail Bond Deprives Accused Of Liberty, Adversely Impacts Family': Punjab & Haryana HC Reduces ₹50 Lakh Surety To ₹50k

Live Law  

The Punjab & Haryana High Court modified the quantum of surety fixed by the trial Court from Rs. 50 lakh to Rs 50,000 observing that, "the imposition of such an egregious condition would, in almost all cases, result in the accused being unable to furnish the required surety, thereby depriving them of their liberty and subjecting them to the harsh …

Youth spared of ‘humiliating’ bail condition as Kasaragod Sessions court modifies order
1 month, 2 weeks ago

Youth spared of ‘humiliating’ bail condition as Kasaragod Sessions court modifies order

The Hindu  

A youngster, who was asked by a Kerala trial court to stand at a public place holding a placard with an anti-drug message as a condition to release him on bail, was spared of the ‘humiliation’ with the court modifying the bail condition. The Sessions Court, Kasaragod, which imposed the controversial bail condition lifted and moderated it a few days …

Madras High Court: Bail depends on nature of crime, not jail term served
2 months ago

Madras High Court: Bail depends on nature of crime, not jail term served

New Indian Express  

CHENNAI: The Madras High Court has stated that the period of incarceration does not entitle an undertrial prisoner to get bail and it should instead be decided by taking into account the magnitude of the offence and its impact on the society. A division bench of Justices S M Subramaniam and M Jothiraman made the observation recently while dismissing an …

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail
2 months ago

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail

Live Law  

The Supreme Court reaffirmed that Courts must exercise caution when granting interim protection to the accused while deciding anticipatory bail pleas. While holding so, the Court expressed disapproval of the High Court's decision to grant the accused the liberty to join the investigation while the anticipatory bail plea was pending and to order their release on ad-interim bail in the …

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court
2 months ago

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court

Live Law  

In a case arising out of a matrimonial dispute, the Supreme Court recently set aside a bail condition making the husband's anticipatory bail subject to payment of maintenance to the wife. While granting anticipatory bail, the High Court, in view of appellant's willingness to pay maintenance to the complainant-wife, imposed a condition that Rs.4000/- shall be deposited by him in …

Alimony can’t be a condition for bail in marital disputes: SC
2 months, 1 week ago

Alimony can’t be a condition for bail in marital disputes: SC

Hindustan Times  

New Delhi The Supreme Court has held that courts cannot impose the payment of alimony as a condition for granting bail in matrimonial disputes, in a significant ruling reinforcing the legal framework of bail jurisprudence. Emphasising that such a stipulation lies outside the scope of bail conditions, the apex court asserted that the conditions of bail must be relevant to …

Top court warns against interfering in bail orders
2 months, 1 week ago

Top court warns against interfering in bail orders

Hindustan Times  

New Delhi The Supreme Court has delivered a strong message on judicial consistency, cautioning that it cannot “preach one thing and practice another” when dealing with bail orders. The appeal, filed by the complainant in a cheating case, sought to overturn the high court’s October 2024 decision granting bail to the accused. This observation reflects the apex court’s growing emphasis …

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused
2 months, 2 weeks ago

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused

Live Law  

The Supreme Court held that when a special law imposes an embargo on the grant of bail, then the Courts must exercise the power to grant bail subject to the conditions specified under the special provision.While holding so, the bench comprising Justices CT Ravikumar and Sanjay Karol set aside the bail granted to an accused charged under the Maharashtra Control …

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

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

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
3 months, 2 weeks 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 …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
3 months, 3 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 …

SC expresses concern over prisoners unable to secure bail due to lack of surety
3 months, 3 weeks ago

SC expresses concern over prisoners unable to secure bail due to lack of surety

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday flagged the issue of prisoners not able to avail bail because of failure to furnish surety despite grant of relief by courts. information available on this module can be used to trace out cases where people have been granted bail but they have not availed it," the bench observed, adding that it would …

SC Rejects Restrictive Bail Conditions, Emphasizing Importance of Proportionality and Fairness
4 months, 2 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.

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
4 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.

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court
5 months, 2 weeks ago

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court

Live Law  

The Supreme Court while granting bail to former Tamil Nadu Minister Senthil Balaji, held that higher thresholds for granting bail in stringent penal statutes like the PMLA, UAPA, and NDPS Act cannot be a tool to keep an accused incarcerated without trial. I t is a well settled principle of our criminal jurisprudence that “bail is the rule, and jail …

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

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial
6 months, 1 week ago

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial

Live Law  

The Supreme Court recently granted bail to an undertrial prisoner in custody for over four years, considering the delay in the trial. "An accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would …

Supreme Court reserves order on Kejriwal’s bail plea in CBI case
6 months, 1 week ago

Supreme Court reserves order on Kejriwal’s bail plea in CBI case

Hindustan Times  

The Supreme Court on Thursday reserved its verdict on Delhi chief minister Arvind Kejriwal’s petition challenging his arrest in connection with the now scrapped excise policy, observing that its judgment would be carefully framed to obviate demoralising subordinate judiciary while contributing to the evolution of criminal law. “Snakes and ladders” with bail The day-long hearing on Thursday witnessed intense exchanges …

A wave of SC verdicts declaw PMLA’s stringent bail provision
6 months, 2 weeks ago

A wave of SC verdicts declaw PMLA’s stringent bail provision

The Hindu  

A wave of Supreme Court judgments has seen the declawing of a stringent bail provision under the Prevention of Money Laundering Act while emphasising that liberty is the rule while jail is an exception. Justice Viswanathan, while granting bail to Jharkhand Chief Minister Hemant Soren’s aide Prem Prakash bail under the PMLA, explained that Section 45 cannot be used to …

Bail rule, jail exception even in PMLA cases, stresses SC
6 months, 2 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
6 months, 2 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, …

'Bail is the rule, jail exception, even under PMLA': Supreme Court grants relief to Hemant Soren's aide
6 months, 2 weeks ago

'Bail is the rule, jail exception, even under PMLA': Supreme Court grants relief to Hemant Soren's aide

Hindustan Times  

Granting relief to Jharkhand chief minister Hemant Soren's aide in an illegal mining-related case registered by the Enforcement Directorate, the Supreme Court on Wednesday said even in money laundering cases, bail is the rule. A bench of Justices BR Gavai and KV Viswanathan that even in cases under the Prevention of Money Laundering Act, "bail is the rule and jail …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
6 months, 3 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 …

SC slams onerous bail conditions, stresses on reasonable judgments
6 months, 3 weeks ago

SC slams onerous bail conditions, stresses on reasonable judgments

Hindustan Times  

The Supreme Court on Thursday underscored the need for courts to exercise caution while imposing bail conditions, noting that excessively onerous requirements could undermine the very purpose of granting bail. In its judgment, the court cited the Oxford Dictionary’s definition of “surety” as a person who takes responsibility for another’s obligation” and acknowledged the difficulties individuals face in finding sureties, …

If Accused Given Bail In Multiple Cases Is Unable To Find Sureties, Condition Of Multiple Sureties Be Balanced With Article 21 : Supreme Court
6 months, 3 weeks 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 …

Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales
6 months, 3 weeks 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 …

SC denies Kejriwal immediate interim bail in excise case, seeks CBI response
7 months ago

SC denies Kejriwal immediate interim bail in excise case, seeks CBI response

Hindustan Times  

The Supreme Court on Wednesday denied immediate interim bail to Delhi chief minister Arvind Kejriwal, who has been under arrest in connection with the Delhi excise policy case, even as it sought a response from the Central Bureau of Investigation before making any further decisions. In his plea filed two days after the Supreme Court granted bail to former Delhi …

Courts should not hesitate to grant bail under UAPA in deserving cases: Supreme Court
7 months ago

Courts should not hesitate to grant bail under UAPA in deserving cases: Supreme Court

The Hindu  

The Supreme Court on Tuesday held that bail should be granted if a case is made out for personal liberty even if the offence is one under the draconian Unlawful Activities Prevention Act or UAPA which punishes terror acts. ‘Bail is the rule and jail is an exception’ is a settled law,” a Bench headed by Justice A.S. Oka observed. …

‘Bail is rule and jail is exception’: Supreme Court says the principle applies to UAPA cases also
7 months 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
7 months 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
7 months 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 …

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA
7 months ago

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA

India Today  

In a significant decision, the Supreme Court on Tuesday extended the “bail is the rule, jail is the exception” dictum to special laws like the Unlawful Activities Act. A bench of Justices AS Oka and Augustine George Masih said, “Allegations may be serious, but if courts deny bail in deserving cases, then it violates fundamental rights.” “When the case is …

Ruling on Sisodia calls for judicial reforms in bail process
7 months, 1 week 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
7 months, 1 week 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 …

Manish Sisodia granted bail after 17 months in jail: What SC said while granting relief to AAP leader
7 months, 1 week ago

Manish Sisodia granted bail after 17 months in jail: What SC said while granting relief to AAP leader

India TV News  

The Supreme Court on Friday granted bail to Aam Aadmi Party leader Manish Sisodia in corruption and money laundering cases linked to alleged Delhi excise policy scam. It would be travesty of justice to relegate Manish Sisodia to trial court for seeking bail Manish Sisodia is in custody for 17 months and trial has not yet commenced; this deprives his …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 2 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 …

Trial court judges afraid of granting bail in serious crimes: CJI DY Chandrachud
7 months, 2 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
7 months, 2 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 …

No better advice than one’s own
7 months, 3 weeks ago

No better advice than one’s own

Hindustan Times  

Personal liberty is one of the cornerstones of a robust democracy. New Delhi, India - July 18, 2024: A view of supreme court of India as the court has hearing upon NEET Paper leak case in New Delhi, India, on Thursday, July 18, 2024. The latest instance came this week, when the apex court condemned the practice of higher courts …

Bail reforms: What are bail conditions and how do they affect the accused person's rights?
8 months ago

Bail reforms: What are bail conditions and how do they affect the accused person's rights?

Hindustan Times  

A Nigerian foreign national facing trial under sections of the NDPS Act, punishable with seven years or more, was granted conditional bail after spending eight years in prison from 2014 to 2022. These provisions empower courts to deem an accused 'indigent' if they fail to meet bail conditions within seven days of their grant, thereby enabling the court to reconsider …

Stay on bail should only be granted in rare cases: Supreme Court
8 months ago

Stay on bail should only be granted in rare cases: Supreme Court

The Hindu  

The Supreme Court on July 12 said an inclination seen among higher courts to stall bail creates a real and present danger to the rights of personal liberty and due process. The court said it would formally address in a judgment the issue of “casual” orders passed by High Courts staying or suspending bail granted by trial courts. Justice Oka …

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
8 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 …

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