‘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 bail in deserving cases, it will be a violation of fundamental rights. If courts start denying bail in deserving cases, it will be a violation of rights guaranteed under Article 21," the bench said while pronouncing its judgement. In furtherance of their conspiracy, the accused arranged rented accommodation in Ahmad Palace in Phulwarisharif and used its premises for imparting training in commission of acts of violence and holding criminal conspiracy meetings.

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History of this topic

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC
1 month ago

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC

New Indian Express  

NEW DELHI: In a significant verdict, the Supreme Court on Thursday held that the provision of anticipatory bail is applicable to the Goods and Services Act and customs law and persons can move courts for pre-arrest bail even if an FIR is not in place. A bench comprising Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi …

There's An Element Of Truth In Allegation That Courts Aren't Granting Bail In Deserving Cases : Justice Abhay S Oka
1 month, 2 weeks 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 …

Men, too, deserve protection from cruelty: Court denies pre-arrest bail to woman
2 months ago

Men, too, deserve protection from cruelty: Court denies pre-arrest bail to woman

India Today  

Denying anticipatory bail to a woman accused of pouring boiling water mixed with red chilli powder on her husband while he was sleeping, the Delhi High Court on Wednesday said that criminal law is gender-neutral when it comes to life-threatening bodily injuries. "Crimes involving the infliction of life-threatening bodily injuries must be dealt with firmly, irrespective of whether the perpetrator …

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
2 months, 1 week ago

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the rights of an accused enshrined under Article 21 of the Constitution of India prevail over the restrictions on grant of bail mentioned under Section 37 of the Narcotic Drugs And Psychotropic Substances Act, 1985. “I am of the view that the restrictions given under section 37 of NDPS Act cannot take precedence …

SC raps govt, ED for efforts to deny bail in PMLA cases
2 months, 2 weeks 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 …

Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case
2 months, 2 weeks ago

Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case

Live Law  

The Delhi High Court has ruled that the right to speedy trial derived from Article 21 of the Constitution of India is not a “free-pass” for every undertrial, demanding to be enlarged on bail regardless of the criminal antecedents and the nature of the offence.Justice Anup Jairam Bhambhani said that where there are grave criminal antecedents, the larger interests of …

Police oppose bail pleas of Umar, Sharjeel and others in Delhi riots case
2 months, 3 weeks ago

Police oppose bail pleas of Umar, Sharjeel and others in Delhi riots case

The Hindu  

The Delhi police on Tuesday opposed the bail pleas of several accused in the 2020 north-east Delhi riots before the Delhi High Court, saying that the violence was a result of “clinical and pathological conspiracy” executed with a “diabolical intention and ruthless intensity”. The police opposed the pleas of activists Umar Khalid, Sharjeel Imam and others, who are seeking bail …

Top court warns against interfering in bail orders
2 months, 3 weeks 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, 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 …

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court
3 months ago

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court

Live Law  

The Calcutta High Court has held that bail is an essential element of the criminal justice system as it affords a right to a fair trial to the accused in a criminal case. Justice Shampa Paul made these observations in a plea by a man accused under the POCSO act, against an order cancelling his bail issued by the trial …

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 …

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

CJI's Philosophy: 'Bail is the Rule, Jail is an Exception' Remains a Matter of Debate
4 months, 3 weeks ago

CJI's Philosophy: 'Bail is the Rule, Jail is an Exception' Remains a Matter of Debate

Live Law  

Chief Justice of India D.Y. Chandrachud addressed the issue of granting bail to undertrial prisoners and whether the principle of 'bail is the rule, jail an exception' applies in the Supreme Court. CJI stated that he has always granted bail from A to Z and that the principle has not permeated to the Trial Courts. He emphasized that various parameters …

SC Rejects Restrictive Bail Conditions, Emphasizing Importance of Proportionality and Fairness
5 months 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
5 months, 1 week 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.

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court
6 months, 3 weeks ago

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court

Hindustan Times  

Justice Krishna Iyer in 1977, while confirming bail in State of Rajasthan v. Balchand @ Balaiay, famously wrote, “The basic rule may perhaps be tersely put as bail, not jail.” Since then, this principle has been reiterated multiple times. In February 2024, the Supreme Court, while rejecting bail in Gurwinder Singh v. State of Punjab, observed that under the UAPA, …

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

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases
7 months 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
7 months 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 …

Bail always the norm, even in money laundering cases: SC
7 months ago

Bail always the norm, even in money laundering cases: SC

The Hindu  

The Supreme Court on Wednesday held that bail is the rule and jail is an exception even in money laundering cases. The judgment, authored by Justice Viswanathan, granted relief to Jharkhand Chief Minister Hemant Soren’s aide, Prem Prakash, in an illegal mining-related case registered by the Enforcement Directorate. The court held that Section 45 of the Prevention of Money Laundering …

UAPA no exception to the rule on bail
7 months, 2 weeks ago

UAPA no exception to the rule on bail

Hindustan Times  

Time and again, the Supreme Court has pronounced that bail is the rule and jail the exception. The fact is that the UAPA, which was meant to be an anti-terror law, has been crafted in such a way that conditions that ordinarily merit grant of bail do not suffice. In February this year, the SC, in another matter where it …

Courts should not hesitate to grant bail under UAPA in deserving cases: Supreme Court
7 months, 2 weeks 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, 2 weeks 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 like UAPA: Supreme Court
7 months, 2 weeks 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, 2 weeks 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, 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 …

Manish Sisodia granted bail after 17 months in jail: What SC said while granting relief to AAP leader
7 months, 3 weeks 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 …

Supreme Court says an order granting bail can be put on hold only in exceptional cases
8 months, 1 week ago

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

India Today  

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

Supreme Court's interim bail to Arvind Kejriwal hints at larger ramifications
8 months, 2 weeks ago

Supreme Court's interim bail to Arvind Kejriwal hints at larger ramifications

India Today  

The Supreme Court on Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal, raising questions on the legality and necessity of his arrest in March by the Enforcement Directorate in a money laundering case linked to the liquor policy scam. A two-judge bench of Justices Sanjiv Khanna and Dipankar Datta referred some questions on the ED’s power to arrest …

Supreme Court sets Five Bail Conditions for Arvind Kejriwal
10 months, 2 weeks ago

Supreme Court sets Five Bail Conditions for Arvind Kejriwal

Deccan Chronicle  

Hyderabad: Delhi Chief Minister Arvind Kejriwal was granted interim bail by the Supreme Court on Friday in connection with a money laundering case related to Delhi liquor policy case. Granting bail to Kejriwal till June 1, the Supreme Court has set five bail conditions for the Delhi CM. Here are the five bail conditions set by Supreme Court for Arvind …

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

Delhi Court dismisses default bail plea of Unitech's former promoters
11 months, 1 week ago

Delhi Court dismisses default bail plea of Unitech's former promoters

Hindustan Times  

A Delhi court has dismissed default bail pleas of Unitech's former promoters, Sanjay Chandra and Ajay Chandra, in a money laundering case relating to cheating of multiple homebuyers of several crore rupees. The Enforcement Directorate had recorded the case in 2018 based on over 60 FIRs registered against the accused for various offences, including cheating, criminal conspiracy, taking undue advantage …

Delhi riots: Court refuses bail to former AAP councillor Tahir Hussain
11 months, 4 weeks ago

Delhi riots: Court refuses bail to former AAP councillor Tahir Hussain

Op India  

A Delhi Court has dismissed the regular bail application of Tahir Hussain, accused in the larger conspiracy of the Delhi riots under the Unlawful Activities Act, 1967. “Thus, in view of the facts as discussed above and the bar under Section 43 of UAA, the Court does not find the case of the applicant to be a fit case for …

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 …

Justice Ramkumar Reviews India's Latest Criminal Justice Law
1 year ago

Justice Ramkumar Reviews India's Latest Criminal Justice Law

Live Law  

My comments: - This again is a welcome provision provided it is effective and foolproof. Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— orally, it shall be reduced to …

Allahabad High Court Elucidates Ambit Of 'Exception' In The 'Bail Is Rule, Jail Is Exception' Principle Of Criminal Jurisprudence
1 year ago

Allahabad High Court Elucidates Ambit Of 'Exception' In The 'Bail Is Rule, Jail Is Exception' Principle Of Criminal Jurisprudence

Live Law  

The Allahabad High Court recently provided clarity on the scope of "Exceptions" within the "Bail is the rule and Jail is an exception" principle of Criminal Jurisprudence. The Court added that the phrase "Bail is the rule and Jail is an exception" underscores the principle that individuals are presumed innocent until proven guilty and in this context, "jail as an …

‘Bail is rule, jail an exception’ does not apply in terror cases: Supreme Court
1 year, 1 month ago

‘Bail is rule, jail an exception’ does not apply in terror cases: Supreme Court

Hindustan Times  

Bail in terror cases must be rejected as a “rule” when courts have reasonable grounds to believe that the charges are prima facie true, the Supreme Court held on Thursday in a judgment that prescribes a “twin prong” test, severely narrowing the scope of bail in Unlawful Activities Prevention Act. A view of the Supreme Court of India building, According …

Unlawful Activities (Prevention) Act permits grant of bail to even foreign nationals in exceptional circumstances, says Madras High Court
1 year, 3 months ago

Unlawful Activities (Prevention) Act permits grant of bail to even foreign nationals in exceptional circumstances, says Madras High Court

The Hindu  

A special court for National Investigation Agency cases cannot cancel bail granted to a person, accused of attempting to establish Islamic rule in India through unlawful means, just because he was subsequently suspected to be a Sri Lankan national, the Madras High Court has held. A Division Bench of Justices S.S. Sundar and Sunder Mohan allowed an appeal and set …

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 …

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 …

Delhi HC grants Sarath bail in liquor scam, BRS hopes rise
1 year, 10 months ago

Delhi HC grants Sarath bail in liquor scam, BRS hopes rise

Deccan Chronicle  

HYDERABAD: The Delhi High Court on Monday granted bail to “Aurobindo” P. Sarath Chandra Reddy, prime accused in the Delhi liquor scam, in a case filed by the Enforcement Directorate, a development that the BRS viewed positively with reference to party MLC K. Kavitha. Sarath Reddy, who is on interim bail, moved the designated court for extension of interim bail …

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 …

Allahabad High Court Grants Bail To Man Who Allegedly Made And Shared Video Abusing UP CM Yogi Adityanath
2 years ago

Allahabad High Court Grants Bail To Man Who Allegedly Made And Shared Video Abusing UP CM Yogi Adityanath

Live Law  

The Allahabad High Court recently granted bail to a man accused of making a video abusing the Chief Minister of the state, Yogi Adityanath, and sharing the same on WhatsApp. The order was passed by the bench of Justice Ajay Bhanot after the counsel for the accused made a submission that the accused holds constitutional dignitaries in the highest regard …

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

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III

Live Law  

Q.11 The default period applicable for the offence is 60 days. Q.12 Is not the accused entitled to default bail on the expiry of the period under the proviso to Section 167 Cr.P.C even without a written application for bail? In Hussainara Khatoon v. Home Secretary, State of Bihar AIR 1979 SC 1369 – P. N. Bhagwati, D. A. Desai …

[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, 1 month 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-VI
2 years, 2 months 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 …

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