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, 8 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 or more, shall first give an opportunity to the public prosecutor to show cause in writing against such release. In case of Section 439, the Code provides that only notice to the public prosecutor unless impractical be given before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Sessions or where the punishment for the offence is imprisonment for life; whereas in the case of post conviction bail under Section 389 Cr.PC, where the conviction in respect of a serious offence having punishment with death or life imprisonment or imprisonment for a term not less than ten years, it is mandatory that the appellate court gives an opportunity to the public prosecutor for showing cause in writing against such release. However, in case the appellate court is inclined to consider the release of the convict on bail, the public prosecutor shall be granted an opportunity to show cause in writing as to why the appellant be not released on bail. Despite such an opportunity being granted to the public prosecutor, in case no cause is shown in writing, the appellate court shall record that the State has not filed any objection in writing.

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History of this topic

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court
1 month, 1 week 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, 3 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 …

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC
2 months ago

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC

Live Law  

The Kerala High Court clarified that if bail application of an accused is allowed, then the bail application of co-accused in the same crime cannot be denied without giving sufficient reasons for denial. The Court stated that if the bail application of a co- accused is rejected, then bail application of another co-accused can be allowed only if the allegation …

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, 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 …

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
3 months 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 …

ED Can Instruct Prosecutors On Facts, But Cannot Instruct How Prosecutors Should Act In Court: Supreme Court
3 months, 1 week 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 …

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 …

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC
3 months, 2 weeks ago

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC

Live Law  

The Madras High Court recently observed that when an application for extension was filed by the prosecution, the presence of the accused was ensured only to inform him about the application and consider the objections, if any. Justice Sunder Mohan emphasized that while considering the application for extension, the court was only required to consider whether the report of the …

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

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court
Trending News
4 months ago

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court

Live Law  

The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. However, the Court said that the relevant factors such as circumstances of the case, the nature of the offence, and the background based on which such a proclamation was issued have to be looked upon while considering the anticipatory bail plea of the …

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court
Trending News
4 months ago

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court

Live Law  

The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. However, the Court said that the relevant factors such as circumstances of the case, the nature of the offence, and the background based on which such a proclamation was issued have to be looked upon while considering the anticipatory bail plea of 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, 2 weeks 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 …

SC Rejects Restrictive Bail Conditions, Emphasizing Importance of Proportionality and Fairness
4 months, 3 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.

Right to liberty key: SC on bail matters
6 months, 2 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, …

Bail rule, jail exception even in PMLA cases, stresses SC
6 months, 3 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 …

Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales
7 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 …

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 …

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

S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court
10 months, 3 weeks ago

S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court

Live Law  

The Supreme Court on Wednesday observed that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court. “The observation that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the. “The observation that …

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

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

Live Law  

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

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 …

Absence Of The Accused Is Not Sufficient Reason To Revoke Bail
1 year, 1 month ago

Absence Of The Accused Is Not Sufficient Reason To Revoke Bail

Live Law  

The Supreme Court recently observed that the non-appearance of the accused party is no ground for cancellation of bail. Gavai, Sanjay Karol, and Sandeep Mehta was hearing a criminal appeal arising out of the impugned order of the Calcutta High Court cancelling bail. “.we find that merely because the appellant did not appear personally could not have been a ground …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
1 year, 1 month ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

Bizman’s bail plea dismissed : Non-disclosure of info, refusal to come court reasons why bail plea scrapped
1 year, 3 months ago

Bizman’s bail plea dismissed : Non-disclosure of info, refusal to come court reasons why bail plea scrapped

Hindustan Times  

The non-disclosure of the information by Chaittnya Aggarwal, about the investment of the MP Kirron Kher’s money and direct refusal to come to the court are the circumstances which went against him, as the court dismissed his anticipatory bail application today. When the Court asked for the reason why ₹8 crore was taken or why he was hesitating in disclosing …

High Courts, Session Courts Can Grant Limited Anticipatory Bail Even When FIR Is Registered In Another State: Supreme Court
1 year, 4 months ago

High Courts, Session Courts Can Grant Limited Anticipatory Bail Even When FIR Is Registered In Another State: Supreme Court

Live Law  

The Supreme Court today held that the Sessions Court or High Court that would have the power to grant interim/transit anticipatory bail, when the FIR is not registered within the territory of a particular State but in a different State. The Court observed : ".we hold that the Court of Session or the High Court, as the case may be, …

Trial Court Can't Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction, Sentence: Patna High Court
1 year, 5 months ago

Trial Court Can't Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction, Sentence: Patna High Court

Live Law  

The Patna High Court has ruled that after the District Appellate Court affirms the judgment of conviction and issues the sentence order, the trial court does not have the authority to grant bail to convicted individuals under Section 389 of CrPC. The petitioners had not surrendered after the conviction was affirmed by the District Appellate Court, and the revision application …

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 …

Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court
1 year, 8 months ago

Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court

Live Law  

The Supreme Court, while granting bail to human rights activist Teesta Setalvad, observed that the accused not filing an application for quashing the FRI/Chargesheet is not a relevant consideration for deciding bail application. A bench comprising of Justices BR Gavai, AS Bopanna and Dipankar Datta, while quashing the Gujarat High Court's order denying her bail, took specific note of the …

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
1 year, 9 months ago

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case

Live Law  

Granting bail to an accused in a POCSO case, the Jammu and Kashmir and Ladakh High Court has said that simply because the prosecutrix keeps herself away from appearing in court, the plea for bail cannot be deferred indefinitely. The accused was arrested in April 2020 and his first bail application was rejected by the trial court on the ground …

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC
1 year, 9 months ago

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC

News 18  

The High Court of Jammu & Kashmir and Ladakh recently ruled that a victim’s refusal to testify in court under Protection of Children from Sexual Offences Act was sufficient to grant bail to the accused. The Single Judge Bench of Justice Sanjay Dhar held, “Consideration of the bail petition could not be postponed indefinitely simply because the victim refused to …

Prosecution Can’t Only Recite From Complaint To Oppose Bail In Cases With Additional Conditions For Bail: Delhi High Court
1 year, 10 months ago

Prosecution Can’t Only Recite From Complaint To Oppose Bail In Cases With Additional Conditions For Bail: Delhi High Court

Live Law  

The Delhi High Court has observed that the prosecution cannot only recite from a complaint or simply say that it has material against an accused in respect of those offences for which twin conditions are stipulated in a statute for grant of bail. Justice Anup Jairam Bhambhani said that the prosecution must show how the material collected during investigation supports …

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 …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
2 years ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

[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 …

[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 …

Can’t Grant Anticipatory Bail When Money Has Been Taken From Large Number Of People, Says Supreme Court During Hearing
2 years, 2 months ago

Can’t Grant Anticipatory Bail When Money Has Been Taken From Large Number Of People, Says Supreme Court During Hearing

Live Law  

The Supreme Court of India on Monday observed that it is not inclined in granting bails in cases pertaining to economic offences especially when many depositors have been swindled. “I had offered to deposit 9 lakhs in the lower court”, Senior Advocate R Basant appearing for the petitioner told the Court. The Court expressed that it would grant bail only …

Reasonable grounds for bail in drug cases are subjective: Punjab and Haryana HC
2 years, 2 months ago

Reasonable grounds for bail in drug cases are subjective: Punjab and Haryana HC

Hindustan Times  

In an important judgment, the Punjab and Haryana high court has said that the courts have to grant or deny bail to an accused in drugs seizure cases on the basis of its “subjective satisfaction” based on an “objective assessment” of the material brought before it by the prosecution. The bench further recorded that the “reasonable grounds” as envisaged in …

Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet : Supreme Court
2 years, 2 months ago

Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet : Supreme Court

Live Law  

State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy| 2023 LiveLaw 37 | SLP No. Ms. Jesal Wahi, AOR Headnotes: Code of Criminal Procedure, 1973; proviso to Section 167 -Default bail can be cancelled on merits - there is no absolute bar that once a person is released on default bail under Section 167 Cr.P.C., his bail cannot …

Right To File Bail Plea Sans Delay & Access To Legal Aid 'Intertwined': Allahabad HC Suggests Positive Measures For Undertrial Prisoners
2 years, 6 months ago

Right To File Bail Plea Sans Delay & Access To Legal Aid 'Intertwined': Allahabad HC Suggests Positive Measures For Undertrial Prisoners

Live Law  

Emphasizing that the rights to file a bail without delay and access to legal aid of an eligible prisoner are intertwined, the Allahabad High Court on Monday suggested some significant positive measures so as to overcome the delay in filing of bail pleas by undertrial prisoners in absence of proper legal aid. "The right of moving a bail application becomes …

Bail Can't Be Denied By Ignoring Basic Tenets Of Criminal Jurisprudence Merely Because Accused Was Earlier Released On Bail By Incompetent Court: Kerala HC
2 years, 6 months ago

Bail Can't Be Denied By Ignoring Basic Tenets Of Criminal Jurisprudence Merely Because Accused Was Earlier Released On Bail By Incompetent Court: Kerala HC

Live Law  

The Kerala High Court on Wednesday granted bail to a man accused of smothering and electrocuting his wife to death with an observation that merely because he was earlier released on bail by a court of incompetent jurisdiction would not be a reason keep him in custody, ignoring the basic tenets of criminal jurisprudence that an accused is presumed to …

Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court
2 years, 8 months ago

Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court

Live Law  

The Supreme Court observed that statements made under Section 161 of Code of Criminal Procedure are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence. "Ex facie, the allegations are grave, and it cannot be said that there are no materials on record at all", the bench …

Affirming the primacy of bail
2 years, 8 months ago

Affirming the primacy of bail

Hindustan Times  

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

Anticipatory Bail Can Be Denied Solely For The Reason That Party Tried To Mislead Court: Punjab & Haryana High Court
2 years, 9 months ago

Anticipatory Bail Can Be Denied Solely For The Reason That Party Tried To Mislead Court: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently upheld a trial court's order denying anticipatory bail to an accused, solely on the ground that he had tried to mislead the Court by concealing facts regarding dismissal of his earlier plea. The bench comprising Justice Pankaj Jain observed, The bench was dealing with a case where the petitioner was seeking pre-arrest bail …

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

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 …

Order Granting Bail Requires Exercise Of Discretion In Judicious Manner On Application Of Settled Parameters: Supreme Court Reiterates
3 years ago

Order Granting Bail Requires Exercise Of Discretion In Judicious Manner On Application Of Settled Parameters: Supreme Court Reiterates

Live Law  

The Supreme Court has reiterated that grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters.The bench of Justices Sanjiv Khanna and Bela M Trivedi was considering SLP assailing Bombay High Court's order dated September 6, 2021 wherein the High Court had granted bail to …

Is An Accused's Anticipatory Bail Plea Maintainable If He Is Already In Judicial Custody In Another Crime? –Bombay High Court Rules
3 years, 3 months ago

Is An Accused's Anticipatory Bail Plea Maintainable If He Is Already In Judicial Custody In Another Crime? –Bombay High Court Rules

Live Law  

The Bombay High Court has held that an accused can be granted anticipatory bail even if he is in prison in connection with another offence, and that every case registered against an accused would have to be decided on its own merits. Adjudicating a petition for anticipatory bail under section 438 of the Criminal Procedure Code, the question before the …

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