[Advt.]7 Day Online Certificate Course On Art Of Contesting Bail Applications By Legal Expatiate [1st To 7th June]
9 months, 3 weeks ago

[Advt.]7 Day Online Certificate Course On Art Of Contesting Bail Applications By Legal Expatiate [1st To 7th June]

Live Law  

This Course will upgrade your knowledge regarding the bail applications in sessions court and high court under old and new law which is applicable from 1st July, 2024 which every lawyer and law student must possess. TOPICS COVERED Module 1 - Concept of bail - ⁠Bailable and non bailable offences - ⁠Types of Bail - Regular Bail and Anticipatory Bail - ⁠Provisions of bail in Crpc - ⁠Provisions of bail in BNSS - ⁠Bail as a concept of right Module 2 - General Grounds for bail - ⁠General Grounds for anticipatory bail - ⁠Conditions for granting ad interim or interim bail - ⁠Do's and Don'ts of drafting any bail application - ⁠Is it necessary to make victim/complainant as party? Module 3 - Drafting and contesting Anticipatory Bail application in sessions court after filing of FIR - ⁠Drafting and contesting of Anticipatory Bail application in sessions court before filing of FIR - ⁠Pleading for adinterim and interim anticipatory bail - ⁠Procedure after getting anticipatory bail in sessions court Module 4 - Drafting anticipatory bail application in High Court - ⁠Procedure after getting anticipatory bail in High Court - ⁠Procedure for relaxing the conditions imposed by court while granting anticipatory bail Module 5 - Drafting of regular bail application in sessions court Before and after chargesheet - How to get signature of the client on VP when he is in jail for filing bail application? - Procedure after getting the regular bail Module 7 - Drafting bail application in High Court - ⁠Drafting cancellation of bail application in High Court - ⁠Application of bail during appeal SPEAKERS 1.

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History of this topic

Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies
1 week, 4 days ago

Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies

Live Law  

While answering a reference made by a single judge, a division bench of the Madras High Court has clarified that all successive bail applications/anticipatory bail applications arising out of the same FIR/Crime Number shall be listed before the judge holding the roster. “ All bail/anticipatory bail applications arising out of the same FIR/Crime Number shall be listed before the same …

Anticipatory Bail Plea Maintainable Even If Chargesheet Shows Accused As Declared Absconder: Madhya Pradesh HC
Trending News
2 weeks, 2 days ago

Anticipatory Bail Plea Maintainable Even If Chargesheet Shows Accused As Declared Absconder: Madhya Pradesh HC

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court while answering a reference made by a single judge, clarified that an anticipatory bail plea is maintainable even if the chargesheet filed shows the accused as a declared absconder. The court further ruled that an anticipatory bail plea is maintainable even when proceedings under CrPC Section 82 & 83 or Section …

Legal Expatiate, Certificate Course, Draftng And Pleadng, Bail
1 month ago

Legal Expatiate, Certificate Course, Draftng And Pleadng, Bail

Live Law  

In this dynamic course, you'll delve into the drafting and pleading of regular and anticipatory bail applications in trial and High court. TOPICS COVERED Day I - Bailable & Non bailable offence in BNS - ⁠Types of Bail in BNS and BNSS - ⁠Concept of anticipatory bail in BNS Day 2 - Art of drafting and contesting anticipatory bail applications …

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 …

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 …

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
3 months, 1 week 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 …

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

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

Live Law  

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. It was his case that the accused had approached the Sessions Court by concealing the factum of criminal antecedents of two previous cases, …

Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court
4 months ago

Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court

Live Law  

The Gauhati High Court on Monday held that all pre-arrest bail, regular bail, and criminal petitions filed after July 01, 2024 in respect of FIR registered prior to July 01, 2024 i.e. The division bench comprising the Chief Justice Vijay Bishnoi and Justice Devashis Baruah was hearing a reference by a Single Judge bench of Gauhati High Court on the …

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
4 months, 1 week ago

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti …

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.

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
6 months, 1 week ago

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains

Live Law  

The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice. The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-II]
1 year, 9 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-II]

Live Law  

6 What are the factors to be taken into account while dealing with an application for anticipatory bail? The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made; The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-I]
1 year, 9 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-I]

Live Law  

Q.1 What are the judicially settled principles to be borne in mind in the matter of anticipatory bail? In Sushila Agarwal v. State 5 SCC 1 – 5 Judges – Arun Mishra, Indira Banerjee, Vineeth Saran, M. R. Shah, S. Raveendra Bhat – JJ, a Constitution Bench of the Supreme Court of India laid down the following principles:- The term …

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC
1 year, 11 months ago

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC

Live Law  

The Kerala High Court on Tuesday remanded a bail application in a POCSO case for fresh consideration by the trial Court, while exercising its jurisdiction under Section 482 Cr.P.C. The Single Judge Bench of Justice K. Babu directed the Trial Court to consider the entitlement of the petitioner for regular bail before March 30, 2023. When he filed a petition …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I
2 years 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 …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-IX
2 years ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-IX

Live Law  

Q.41 Is it permissible to keep a child in conflict with law be kept in jail or police lockup under any circumstance? Where the case is triable by a Court including a Special Court without a committal of the case to that Court, then the Court which can grant bail to the accused is the Court having jurisdiction to try …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII
2 years, 1 month ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII

Live Law  

Q.36 Why not during these “corona lockdown” days impose a mandatory bail condition to download Arogya Setu App and keep the applicant’s GPS and Bluetooth open? 1 SCC 240 = AIR 1978 SC 429 - V. R. Krishna Iyer – JJ, there is an observation by Justice V.R.Krishna Iyer to the effect “……It makes sense to assume that a man …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VI
2 years, 1 month ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VI

Live Law  

Q.26 Is the requirement in the bail order and in the bail bond in a bailable offence that the accused should attend the court at the time and place specified therein, a bail condition? Q.27 Role, if any, of the State Government when an accused person who is granted bail executes a bond with or without sureties? that the accused …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 9 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 9 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

Indefinite Adjournment Of Anticipatory Bail Plea, That Too After Admitting It, Detrimental To Personal Liberty : Supreme Court
3 years ago

Indefinite Adjournment Of Anticipatory Bail Plea, That Too After Admitting It, Detrimental To Personal Liberty : Supreme Court

Live Law  

The Supreme Court has disapproved the course adopted by the Chhattisgarh High Court in admitting an anticipatory bail application with a further direction to list in due course, without considering an application seeking interim protection.While disapproving the course adopted as a matter of procedure, a Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli observed that. The …

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates
3 years, 1 month ago

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates

Live Law  

Reiterating that the date of remand will be computed while considering an application for statutory bail, Madras High Court observed that the right to default bail is part of the procedure established by law under Article 21 of the Constitution, hence an indefeasible fundamental right.The single-judge bench of Justice M. Nirmal Kumar was considering the plea by a POCSO accused, …

Having An Option To Surrender & Apply For Regular Bail After Filing Charge Sheet Does Not Preclude Parties From Seeking Anticipatory Bail: Supreme Court
3 years, 3 months ago

Having An Option To Surrender & Apply For Regular Bail After Filing Charge Sheet Does Not Preclude Parties From Seeking Anticipatory Bail: Supreme Court

Live Law  

The Supreme Court on Tuesday observed that merely because it was kept open for the parties to surrender and apply for Regular Bail after filing of the charge sheet, the same did preclude them to apply for anticipatory bail u/s 438 Cr.P.C. "Merely because it was kept open for the petitioners to surrender and apply for Regular Bail after filing …

Not Surrendering On Time When Granted Bail Last Year Cannot Be Reason To Deny Interim Bail Under HPC Guidelines: Delhi High Court
3 years, 5 months ago

Not Surrendering On Time When Granted Bail Last Year Cannot Be Reason To Deny Interim Bail Under HPC Guidelines: Delhi High Court

Live Law  

Full Bench of the Delhi High Court has observed that an applicant not surrendering on time when bail was granted last year cannot be a reason to deny interim bail under the High Powered Committee guidelines.A full bench comprising of Justice Vipin Sanghi, Justice Rekha Palli and Justice Talwant Singh was also dealing with applications filed by various applicants seeking …

Explained: What is Bail and Types of Bail in India
3 years, 10 months ago

Explained: What is Bail and Types of Bail in India

News 18  

What is bail & types of bails in India? If any person has reason to believe that he/she may be arrested for non-bailable offence, he/she may apply to Sessions court or High court for anticipatory bail praying that in the event of arrest, he/she shall be released on bail.. Q. At the time of granting anticipatory bail the Court imposes …

Default Bail : State Cannot Take Advantage Of Filing One Charge Sheet First And Seeking Time To File Supplementary Charge-sheets To Extend The Time Limit U/S 167(2)
4 years ago

Default Bail : State Cannot Take Advantage Of Filing One Charge Sheet First And Seeking Time To File Supplementary Charge-sheets To Extend The Time Limit U/S 167(2)

Live Law  

The Supreme Court observed that the time period for investigation specified under Section 167 of the Code of Criminal Procedure cannot be extended by seeking to file supplementary charge sheet qua UAPA offences.The bench comprising Justices Sanjay Kishan Kaul and R. Subhash Reddy, while granting default bail to Fakhrey Alam, a person accused under Section 18 of the UAPA Act, …

Anticipatory Bail Once Granted Does Not Automatically End With Filing Of Chargesheet, Reiterates Supreme Court
4 years ago

Anticipatory Bail Once Granted Does Not Automatically End With Filing Of Chargesheet, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that the anticipatory bail once granted does not automatically end on the filing of the charge­sheet.In this case, the Allahabad High Court, on an application made by the complainant­ held that the anticipatory bail granted to the accused by the Trial Court came to an end with the filing of a charge­sheet, and directed him to …

Three Days Online Certificate Course On Art Of Contesting Criminal Matters By Legal Expatiate [12th To 14th March 2021]
4 years ago

Three Days Online Certificate Course On Art Of Contesting Criminal Matters By Legal Expatiate [12th To 14th March 2021]

Live Law  

Legal Expatiate is an initiative to bring together the best talent of this country and to infuse them with a nation-first attitude. An active forum of researchers, professionals, and students where they arrange webinars of Senior Advocates, High Court Judges and other luminaries, where they arrange various competitions like Research Article Writing Competition, Moot Court Competitions, Essay Competition, Quiz Competition, …

'Criminal History Of Applicant Starts From 2019 Only, 54 Case Registered After Change In Govt.': Allahabad HC Grants Bail To Azam Khan's Aide
4 years, 3 months ago

'Criminal History Of Applicant Starts From 2019 Only, 54 Case Registered After Change In Govt.': Allahabad HC Grants Bail To Azam Khan's Aide

Live Law  

The Allahabad High Court on Wednesday allowed the bail application of one Aley Hasan Khan, stated to be a close aide of former MLA from Samajwadi Party, Azam Khan, while noting that his criminal history started only after a change in the State Government in 2019. Accordingly, the Court said, "Keeping in view the nature of the offence, argument advanced …

'How S.124A Is Added?,Is It A Cruel Hand Of The State, Which Is Running Over?', U'khand HC Asks While Granting Interim Bail to Journalist In A Sedition Case
4 years, 6 months ago

'How S.124A Is Added?,Is It A Cruel Hand Of The State, Which Is Running Over?', U'khand HC Asks While Granting Interim Bail to Journalist In A Sedition Case

Live Law  

The Uttarakhand High Court on Thursday posed a series of detailed and serious questions for the State Government to answer by way of filing a counter-affidavit and granted interim bail to the applicant until the instant bail application is decided. The background of the case Dr. Harendra Rawat, a resident of Dehradun, had filed a case against Journalist Rajesh Sharma …

Lockdown: Delhi HC Directs Trial Courts To Not Insist The Bail Applicant For Filing Signed/Attested Documents When The Applicant's Family Resides Outside Delhi [Read Order]
4 years, 10 months ago

Lockdown: Delhi HC Directs Trial Courts To Not Insist The Bail Applicant For Filing Signed/Attested Documents When The Applicant's Family Resides Outside Delhi [Read Order]

Live Law  

Keeping in mind the restrictions caused by the ongoing lockdown, the Delhi High Court has directed that in bail matters, there will be no insistence on filing of the signed/attested vakalatanama, affidavits or applications where the applicant is in jail and/or of the family members of such an applicant, reside outside Delhi. In the present matter, the online filing of …

Single Benches Of SC To Hear Transfer Petitions, Bail Matters Of Offences Punishable With 7 Yrs Imprisonment From May 13 [Read Circular]
4 years, 10 months ago

Single Benches Of SC To Hear Transfer Petitions, Bail Matters Of Offences Punishable With 7 Yrs Imprisonment From May 13 [Read Circular]

Live Law  

Single benches of Supreme Court will hear transfer petitions and special leave petitions arising out of bail orders with respect to offences punishable up to seven years imprisonment from May 13.The Supreme Court Rules, 2013, have been amended to stipulate the categories of matters which can be heard and disposed of finally by a Single Judge Bench. Single benches of …

Whether Anticipatory Bail Should Be Valid Only Till The Filing Of Charge Sheet?An Analysis
6 years, 8 months ago

Whether Anticipatory Bail Should Be Valid Only Till The Filing Of Charge Sheet?An Analysis

Live Law  

The importance of anticipatory bail in the administration of criminal justice cannot be overemphasized. However, a three-judge bench of the Hon’ble Supreme Court in Salauddin Abdulsamad Shaikh v. State of Maharashtra, without considering the Constitution Bench judgment in Sibbia’s case took the view that anticipatory bail can be only for a limited period and on filing of the charge sheet, …

Whether Anticipatory Bail Should Be Valid Only Till The Filing Of Charge Sheet?An Analysis
6 years, 8 months ago

Whether Anticipatory Bail Should Be Valid Only Till The Filing Of Charge Sheet?An Analysis

Live Law  

The importance of anticipatory bail in the administration of criminal justice cannot be overemphasized. However, a three-judge bench of the Hon’ble Supreme Court in Salauddin Abdulsamad Shaikh v. State of Maharashtra, without considering the Constitution Bench judgment in Sibbia’s case took the view that anticipatory bail can be only for a limited period and on filing of the charge sheet, …

Bombay HC Grants Temporary Bail To Law Student For Appearing In Semester Exams [Read Order]
6 years, 11 months ago

Bombay HC Grants Temporary Bail To Law Student For Appearing In Semester Exams [Read Order]

Live Law  

The Bombay High Court has yet again granted bail to a law student for appearing in his semester examinations. It is not the first time the said student has been granted a conditional bail for this reason, as the court had granted him bail last year for attending his first and second semester examinations.A division bench of Justice SB Shukre …

Bombay HC Grants Temporary Bail To Law Student For Appearing In Semester Exams [Read Order]
6 years, 11 months ago

Bombay HC Grants Temporary Bail To Law Student For Appearing In Semester Exams [Read Order]

Live Law  

The Bombay High Court has yet again granted bail to a law student for appearing in his semester examinations. It is not the first time the said student has been granted a conditional bail for this reason, as the court had granted him bail last year for attending his first and second semester examinations.A division bench of Justice SB Shukre …

Supreme Court tightens rules for regular bail
7 years, 7 months ago

Supreme Court tightens rules for regular bail

Deccan Chronicle  

New Delhi: The Supreme Court has warned judicial officers across the country not to entertain any application for regular bail from the accused, after they obtain anticipatory bail from the apex court or the high court. Giving this warning, a bench said “Once a regular bail is granted by a subordinate court on the strength of the interim/pre-arrest bail granted …

Kerala HC Full Bench Issues Guidelines On Filing Of Subsequent Bail Applications [Read Judgment]
8 years, 5 months ago

Kerala HC Full Bench Issues Guidelines On Filing Of Subsequent Bail Applications [Read Judgment]

Live Law  

A Full Bench of Kerala High Court in Firos Ali v. State of Kerala, has issued guidelines pertaining to filing of subsequent bail applications for same crime.The Bench comprising of Chief Justice Mohan M. Shantanagoudar, Justice Thottathil B. Radhakrishnan and Justice K.T. b) Subsequent bail application filed by the same accused shall be heard by the learned judge who has …

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]
9 years, 4 months ago

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]

Live Law  

Jharkhand High Court has referred to Division bench, to answer a question whether in an anticipatory bail application preferred under section 438 Cr.P.C., the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C.Reference was sought by the Single Bench of Jharkhand High Court in Kumar Anubhav Vs. State of Jharkhand wherein the petitioner …

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]
9 years, 4 months ago

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]

Live Law  

Jharkhand High Court has referred to Division bench, to answer a question whether in an anticipatory bail application preferred under section 438 Cr.P.C., the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C.Reference was sought by the Single Bench of Jharkhand High Court in Kumar Anubhav Vs. State of Jharkhand wherein the petitioner …

Merely because a serious Charge is added at a later stage is not by itself not a ground to refuse Anticipatory Bail: SC [Read the Judgment]
9 years, 6 months ago

Merely because a serious Charge is added at a later stage is not by itself not a ground to refuse Anticipatory Bail: SC [Read the Judgment]

Live Law  

Supreme Court on Monday, held that, merely because the accused is charged with a serious offence at a later stage may not by itself be the reason to refuse the grant of anticipatory bail if the circumstances are otherwise justified. The apex court bench said that even when there is a serious charge levelled against the appellant, that by itself …

Appellate Court cannot grant bail without giving an opportunity to the Public Prosecutor to show cause in writing as to why the appellant be not released on bail . SC issues Guidelines on...
10 years, 7 months ago

Appellate Court cannot grant bail without giving an opportunity to the Public Prosecutor to show cause in writing as to why the appellant be not released on bail . SC issues Guidelines on...

Live Law  

A Two Judge Bench of the Supreme Court in Atul Tripathi Vs. State of UP on Tuesday issued the following Guidelines regarding the suspension of Sentence during the pendency of Criminal Appeal.a. The appellate court, if inclined to consider the release of a convict sentenced to punishment for death or imprisonment for life or for a period of ten years …

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