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

Law Civil Liberties Bail Conditions Judicial Discretion  justice  civil  rights  violate  property  imposed  accuseds  sc  judgment  court  presence  conditions  bail

History of this topic

Can’t award damages for wrongful custody while hearing bail pleas: SC
2 weeks, 4 days ago

Can’t award damages for wrongful custody while hearing bail pleas: SC

Hindustan Times  

The Supreme Court has ruled that courts cannot order compensation while adjudicating a bail plea because they lack the jurisdiction to do so in bail proceedings. The bench found substance in NCB’s appeal, and made it clear that the high court exceeded its jurisdiction under Section 439 CrPC, which governs bail matters. The bench, however, found substance in NCB’s appeal, …

In India, Far More Demand For Government Jobs Than Available Posts; Absolute Scruplousness Necessary In Selection Process: Supreme Court
2 weeks, 4 days 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
3 weeks 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 …

'Courts Shouldn't Hesitate To Deny Liberty To Accused If Necessary For Corruption-Free Society' : Supreme Court Denies Anticipatory Bail
3 weeks, 1 day ago

'Courts Shouldn't Hesitate To Deny Liberty To Accused If Necessary For Corruption-Free Society' : Supreme Court Denies Anticipatory Bail

Live Law  

Recently, the Supreme Court upheld the denial of anticipatory bail to a public servant accused of demanding illegal gratification. The Court held that in serious offenses like corruption, courts must exercise caution when granting anticipatory bail to uphold public confidence in the justice system. The Court rejected the accused's argument that denying anticipatory bail when custodial interrogation was not required …

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court
3 weeks, 6 days ago

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court

Live Law  

The Supreme Court held that a Court does not have the power to grant compensation to an accused for wrongful confinement while exercising bail jurisdiction under Section 439 of the Code of Criminal Procedure. Holding so, a bench comprising Justice Sanjay Karol and Justice Manmohan set aside a direction passed by the Allahabad High Court asking the Narcotics Control Bureau …

SC raps govt, ED for efforts to deny bail in PMLA cases
2 months, 1 week ago

SC raps govt, ED for efforts to deny bail in PMLA cases

Hindustan Times  

The Supreme Court on Wednesday rebuked the Union government and the Enforcement Directorate, condemning their “consistent efforts” to deny bail and prolong incarceration under the Prevention of Money Laundering Act “by hook or by crook”. A bench of justices Abhay S Oka and Ujjal Bhuyan termed such an approach “unacceptable” and underscored that the Union’s submissions in court, which went …

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail
2 months, 1 week 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, 1 week 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, 3 weeks 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 …

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused
2 months, 3 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 …

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
3 months ago

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest

Live Law  

The Supreme Court delivered several notable judgments in 2024 on the parameters for bail and powers of arrest. PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme Court Case Title : Arvind Kejriwal v. Directorate of Enforcement | 2024 LiveLaw 463 Coram : Justice Sanjiv Khanna and Justice …

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 …

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

SC expresses concern over prisoners unable to secure bail due to lack of surety
4 months, 1 week 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 …

Even single day's delay in deciding bail plea adversely affects fundamental rights of citizens: SC
4 months, 2 weeks ago

Even single day's delay in deciding bail plea adversely affects fundamental rights of citizens: SC

New Indian Express  

NEW DELHI: Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens. "It has been observed by this court even a single day delay in deciding the bail application adversely affects the fundamental rights of the citizens," …

High Courts should not sit on bail pleas: Supreme Court
6 months, 2 weeks 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 …

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial
6 months, 2 weeks 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 …

Right to liberty key: SC on bail matters
6 months, 3 weeks ago

Right to liberty key: SC on bail matters

Hindustan Times  

The Supreme Court on Wednesday asserted that accused individuals should have access to all relevant documents, seized by the investigating agency, at any stage of the case and especially at the time of bail hearing -- an observation that is expected to have significant implications for future cases, particularly those under the stringent Prevention of Money Laundering Act or PMLA, …

A wave of SC verdicts declaw PMLA’s stringent bail provision
6 months, 4 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
7 months 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 …

SC slams onerous bail conditions, stresses on reasonable judgments
7 months 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
7 months ago

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

Live Law  

The Supreme Court today held that if an accused, involved in multiple cases, is enlarged on bail and is unable to find multiple sureties, the court must balance the requirement of sureties with his right to personal liberty guaranteed under Article 21. In this case, the court found that the petitioner, despite securing bail in 13 cases registered across various …

Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales
7 months, 1 week 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 immediate bail to Kejriwal, seeks CBI’s reply
7 months, 2 weeks ago

SC denies immediate bail to Kejriwal, seeks CBI’s reply

Hindustan Times  

New Delhi The Supreme Court on Wednesday denied immediate interim bail to Delhi chief minister Arvind Kejriwal, who is under arrest in connection with the Delhi excise policy case, even as it sought a response from the Central Bureau of Investigation before taking up the matter on August 23. Kejriwal has been in custody since March 21 following his arrest …

SC denies Kejriwal immediate interim bail in excise case, seeks CBI response
7 months, 2 weeks 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 …

‘Bail Is Rule’ for Offences Even Under Special Statutes: SC
7 months, 2 weeks 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 …

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

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

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

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

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

The Hindu  

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

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

Bail reforms: What are bail conditions and how do they affect the accused person's rights?
8 months, 1 week 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 …

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
8 months, 2 weeks 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 …

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, 4 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 …

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

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

Live Law  

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

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 1 month ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Supreme Court Half Yearly Bail Digest 2023
1 year, 7 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

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

‘Location sharing’ as a condition for bail: a look into two Supreme Court orders just a week apart
1 year, 7 months ago

‘Location sharing’ as a condition for bail: a look into two Supreme Court orders just a week apart

The Hindu  

A Supreme Court’s direction that activists Vernon Gonsalves and Arun Ferreira should “pair” their mobile phones with that of the National Investigation Agency probe officer as a condition for grant of their bail in the Bhima Koregaon case has come barely a week after another Bench of the court flagged whether a bail condition imposed by the Delhi High Court …

Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court
1 year, 8 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 …

'Bail Orders Must Be Backed By Reasons Considering Vital Aspects': Supreme Court Sets Aside 'Casual & Cryptical' HC Order
1 year, 8 months ago

'Bail Orders Must Be Backed By Reasons Considering Vital Aspects': Supreme Court Sets Aside 'Casual & Cryptical' HC Order

Live Law  

The Supreme court recently held that vital aspects of the case must be considered while deciding bail applications. Settting the "cryptic" and "casual" orders passed by the High Court granting bail to the accused, the Supreme Court observed : “While considering an application for grant of bail, a prima-facie conclusion must be supported by reasons and must be arrived at …

Threat to safety of civil society can’t be ignored in deciding bail plea of accused in terrorist activities: HC
1 year, 9 months ago

Threat to safety of civil society can’t be ignored in deciding bail plea of accused in terrorist activities: HC

The Hindu  

What the court has to bear in mind is not only the rights and liberties of the accused but also the threat to safety of civil society when deciding the bail pleas of persons accused of terrorist activities, said the High Court of Karnataka. A Division Bench comprising Justice Krishna S. Dixit and Justice Pradeep Sing Yerur made these observations …

In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court
1 year, 10 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 …

[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 …

Impermissible To Dismiss Bail Plea Due To Absence Of Counsel, Court May Appoint Amicus For Accused & Hear Matter: Allahabad HC
2 years ago

Impermissible To Dismiss Bail Plea Due To Absence Of Counsel, Court May Appoint Amicus For Accused & Hear Matter: Allahabad HC

Live Law  

In a significant observation, the Allahabad High Court has said that it is impermissible to dismiss bail applications for non-prosecution on account of the absence of counsel as it is violative of the fundamental rights of the prisoners guaranteed under Article 21 of the Constitution of India. “When a bail application is dismissed for non-prosecution, the prisoner’s period of detention …

Excessive Conditions Cannot Be Imposed While Granting Bail/Suspension Of Sentence : Supreme Court
2 years, 2 months ago

Excessive Conditions Cannot Be Imposed While Granting Bail/Suspension Of Sentence : Supreme Court

Live Law  

The Supreme Court reiterated that excessive conditions cannot be imposed while granting bail/suspension of sentence.The conditions of bail cannot be so onerous that their existence itself tantamounts to refusal of bail, the bench of Justices Krishna Murari and V. Ramasubramanian observed while setting aside conditions imposed by Rajasthan High Court for suspension of sentence in a. The conditions of bail …

Bail & Personal Liberty : Notable Supreme Court Judgments Of 2022
2 years, 3 months ago

Bail & Personal Liberty : Notable Supreme Court Judgments Of 2022

Live Law  

Earlier this month, the Chief Justice of the Supreme Court DY Chandrachud remarked that no case is small for Supreme Court and that it has to interfere in matters relating to personal liberty. 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 …

'Dire need to protect dignity of police': Delhi Court rejects ex-Congress MLA’s bail plea
2 years, 4 months ago

'Dire need to protect dignity of police': Delhi Court rejects ex-Congress MLA’s bail plea

India TV News  

Emphasizing on ensuring the dignity of police personnel, A Delhi court here on Tuesday rejected the bail plea of former Congress legislator Asif Khan. Metropolitan Magistrate Shikha Chahal observed there is a “dire need to ensure the dignity of police officers is protected.” The court was hearing the bail application of Khan, who was sent to 14 days' judicial custody …

'Need Of Custodial Trial' Is Not A Relevant Aspect While Considering A Bail Application U/Section 439 CrPC : Supreme Court
2 years, 4 months ago

'Need Of Custodial Trial' Is Not A Relevant Aspect While Considering A Bail Application U/Section 439 CrPC : Supreme Court

Live Law  

Setting aside a bail granted to a rape accused, the Supreme Court observed that the 'need of custodial trial' is not a relevant aspect while considering a bail application under Section 439 Cr.P.C.The relevant aspects which are required to be kept in mind while considering the bail application are seriousness of the offence alleged; material collected during the. Setting aside …

Custodial interrogation not needed cannot be sole ground to grant anticipatory bail, says Supreme Court
2 years, 5 months ago

Custodial interrogation not needed cannot be sole ground to grant anticipatory bail, says Supreme Court

The Hindu  

The Supreme Court has criticised the practice of High Courts to grant anticipatory bail to the accused in criminal cases on the ground that no custodial interrogation is required. B. Pardiwala said there is a serious misconception that if no case for custodial interrogation is made out by the prosecution then that alone would be a good ground to grant …

'Bail Conditions Should Be Proportionate' : Supreme Court Says Blanket Order Restricting Zubair From Tweeting Is Unjustified
2 years, 8 months ago

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

Live Law  

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

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