No Rigid Rule That Convict Should Undergo Half Of Sentence For Bail At Appellate Stage : Supreme Court
1 month, 2 weeks ago

No Rigid Rule That Convict Should Undergo Half Of Sentence For Bail At Appellate Stage : Supreme Court

Live Law  

The Supreme Court has clarified that to suspend sentence during the pendency of appeal, a rigid rule cannot be applied that the convict must have undergone half of the substantive sentence. "If we interpret the judgment of this Court in such a manner, the Courts will be powerless to grant bail or relief of suspension of sentence even if a case is made out on merits. Therefore, in our view, if a case is made out for the grant of suspension of sentence and/or bail in deserving cases on merits, the Court is not powerless to grant relief of suspension of sentence and bail pending an appeal, even if an accused has not undergone half of the sentence. However, if, in the facts of the case, an accused has undergone a substantial part of the substantive sentence and, considering the pendency of criminal appeals, his appeal is not likely to be heard before the accused undergoes the entire sentence, the Appellate Court can exercise the power of releasing the accused on bail pending the appeal.

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History of this topic

Conditions Imposed While Granting Remission Should Not Be Oppressive: Supreme Court
1 month, 1 week ago

Conditions Imposed While Granting Remission Should Not Be Oppressive: Supreme Court

Live Law  

The Supreme Court today emphasised that the conditions imposed by the Government while granting premature release to a convict must be reasonable.A bench of Justices Abhay S. Oka and Ujjal Bhuyan passed a significant order observing that considering remission of eligible prisoners is a duty of the Government. The Supreme Court today emphasised that the conditions imposed by the Government …

NDPS Act | Appellate Court Can Grant Bail Despite S.37 If Convict Has Suffered Long Sentence & Appeal's Early Hearing Is Unkilely : Supreme Court
Trending News
1 month, 1 week ago

NDPS Act | Appellate Court Can Grant Bail Despite S.37 If Convict Has Suffered Long Sentence & Appeal's Early Hearing Is Unkilely : Supreme Court

Live Law  

The Supreme Court has held that the sentence of a person convicted for offences under the Narcotic Drugs and Psychotropic Substances Act can be suspended despite the rigours of Section 37 if the convict has undergone long period of incarceration and the likelihood of an early hearing of the criminal appeal was remote. A bench comprising Justice Abhay S Oka …

In NDPS Cases Where Sentence Is Of 10 Yrs Accused Should Generally Not Be Released On Bail: Punjab & Haryana High Court
1 month, 2 weeks ago

In NDPS Cases Where Sentence Is Of 10 Yrs Accused Should Generally Not Be Released On Bail: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that in cases involving offences under the Narcotic Drugs and Psychotropic Substances Act, where sentence is of ten years, the accused should generally be not released on bail.Justice Manisha Batra said,"It has been seen that the denial of bail has prevented the accused from fleeing from the criminal justice and protected the …

Madras High Court: Bail depends on nature of crime, not jail term served
2 months, 1 week 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 …

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence
3 months, 3 weeks ago

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence

Live Law  

Citing the high pendency of criminal appeals in the Madhya Pradesh High Court and the unlikelihood of an early hearing of an appeal filed in 2024, the Supreme Court recently suspended the sentence of a convict who was sentenced to five years imprisonment in a cheating case.The convict, convicted for the offences punishable under Sections 407, 420, 468, 471, 34 …

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court
3 months, 3 weeks ago

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court

Live Law  

The Supreme Court recently clarified that it has not laid down any proposition that post-conviction bail can be granted only if the convict has undergone half of the sentence.While considering a petition challenging the refusal of the Madhya Pradesh High Court to suspend sentence, the Court observed that the High Court has misunderstood its decision in Atul @ Ashutosh v. …

'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 …

'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 …

'Fixed Term Sentences Be Suspended Ordinarily' : Supreme Court Grants Bail To 70-Year-Old Disabled Man; Chides HC For Casual Approach
8 months, 3 weeks ago

'Fixed Term Sentences Be Suspended Ordinarily' : Supreme Court Grants Bail To 70-Year-Old Disabled Man; Chides HC For Casual Approach

Live Law  

The Supreme Court on Wednesday expressed displeasure with the Madhya Pradesh High Court's order for adopting a casual approach in refusing to consider the plea of a 70-year-old ailing man for the suspension of the sentence. While granting bail to the petitioner, the Supreme Court said that the plea for a suspension of sentence should be considered liberally in cases …

[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court
9 months ago

[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has granted bail to an individual accused of offences under the Narcotic Drugs and Psychotropic Substances Act observing that conditional liberty must override the statutory embargo when prolonged detention is at odds with constitutional rights. In allowing his plea of bail of the ground of prolonged Incarceration Justice Alok Kumar Verma underscored, “The prolonged incarceration, generally …

Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court
10 months, 3 weeks ago

Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court

Live Law  

The Supreme Court observed that factors of the likelihood of delay and incarceration for a particular period should not be a sole consideration while deciding the plea of the accused to suspend the sentence pending the appeal against the conviction under Section 389 of Cr.P.C.“On its perusal, we are of the opinion that factors like nature of the offence held …

NDPS Act | Courts Should Be Slow In Granting Even Regular Bail To Accused When Huge Quantities Of Narcotics Are Recovered: Supreme Court
1 year, 1 month ago

NDPS Act | Courts Should Be Slow In Granting Even Regular Bail To Accused When Huge Quantities Of Narcotics Are Recovered: Supreme Court

Live Law  

Recently, the Supreme Court observed that the Courts should be slow in granting bail to the accused in case of recovery of huge quantity of narcotic substance from the accused. Reversing the decision of the High Court which granted anticipatory bail to the accused against whom an FIR is being registered of conspiring in the procurement/supply of 232.5 Kg of …

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 …

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court
1 year, 10 months ago

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

Live Law  

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also …

NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full Bench
2 years, 2 months ago

NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full Bench

Live Law  

The Calcutta High Court at circuit bench Jalpaiguri held that an accused who is under detention under provisions of NDPS Act, cannot be released automatically on statutory bail on the expiry of 180 days which is prescribed under section 36A of the Act until and unless he makes an application either in written or oral form. A Full bench comprising …

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 …

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates
2 years, 6 months ago

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates

Live Law  

The Gujarat High Court has reiterated that where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine, Police officers must not arrest accused unnecessarily and Magistrate must not authorise detention casually and mechanically. The Bench comprising Justice AC Joshi refused to …

Suspension Of Sentence U/S 389 CrPC Need Not Be Considered In Heinous Cases Unless Appeal Remains Undecided For 5/6 Years: J&K&L High Court
2 years, 6 months ago

Suspension Of Sentence U/S 389 CrPC Need Not Be Considered In Heinous Cases Unless Appeal Remains Undecided For 5/6 Years: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that it has only to be after 5/6 years in case the appeal is not disposed of, that suspension of sentence and grant of bail under Section 389 CrPC be considered, in a heinous case like murder. The bench comprising Justices Ali Mohammad Magrey and MD Akram Chowdhary was hearing …

S.389 CrPC | Application For Suspension Of Sentence Should Be Considered Liberally If Punishment Is Less Than 10 Yrs: J&K&L High Court Reiterates
2 years, 10 months ago

S.389 CrPC | Application For Suspension Of Sentence Should Be Considered Liberally If Punishment Is Less Than 10 Yrs: J&K&L High Court Reiterates

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently reiterated that as per the provision under Section 389 CrPC, if the convict is punished with imprisonment for a term less than ten years, no notice is required to the Public Prosecutor/State regarding the application filed by the accused for suspension of his sentence and his release on bail.Justice Mohan …

Broad Parameter Of 50% Sentence Undergone Can Be Basis For Grant Of Bail To Convicts When Appeal Is Pending : Supreme Court
3 years, 5 months ago

Broad Parameter Of 50% Sentence Undergone Can Be Basis For Grant Of Bail To Convicts When Appeal Is Pending : Supreme Court

Live Law  

While considering the issue of long pendency of criminal appeals in the Allahabad High Court, the Supreme Court has observed that the High Court must explore granting bail to convicts who have undergone eight years of the sentence.The Court observed that the bail is the rule where the convict has already undergone eight years of actual sentence. While considering the …

Mere Passage Of Time During Pendency Of Appeal Cannot Be A Ground To Suspend Sentence And Grant Bail In NDPS Cases: SC [Read Order]
4 years, 6 months ago

Mere Passage Of Time During Pendency Of Appeal Cannot Be A Ground To Suspend Sentence And Grant Bail In NDPS Cases: SC [Read Order]

Live Law  

The Supreme Court has observed that mere passage of time during the pendency of the appeal cannot be a ground to suspend the sentence and grant bail in NDPS Cases.The rigors of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985, would have to be met before the sentence of a convict is suspended and bail granted, the bench …

Liberal Approach In Granting Bail In NDPS Uncalled For, Says SC [Read Judgment]
5 years, 2 months ago

Liberal Approach In Granting Bail In NDPS Uncalled For, Says SC [Read Judgment]

Live Law  

The Supreme Court has observed that there cannot be liberal approach in the matter of bail in NDPS Cases. The bench of Justice Indu Malhotra and Justice Ajay Rastogi observed that the Court has to record a finding mandated under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the same is a sine qua non for …

Legal Principles Governing Suspension Of Conviction Cannot Be Applied To Suspend The Sentence: SC [Read Judgment]
5 years, 10 months ago

Legal Principles Governing Suspension Of Conviction Cannot Be Applied To Suspend The Sentence: SC [Read Judgment]

Live Law  

The Supreme Court has set aside a High Court judgment which applied principles governing suspension of conviction to reject a plea seeking suspension of execution of sentence. While filing an appeal before the Karnataka High Court, he also moved an application seeking suspension of execution of sentence. Though appeal was admitted, the High Court dismissed the plea seeking suspension of …

Benefit Of Probation Can't Be Extended To An Accused Convicted For An Offence Punishable With Life Imprisonment: SC [Read Order]
5 years, 11 months ago

Benefit Of Probation Can't Be Extended To An Accused Convicted For An Offence Punishable With Life Imprisonment: SC [Read Order]

Live Law  

The Supreme Court has observed that the benefit of Probation of Offenders Act cannot be extended to an accused convicted for an offence punishable with life imprisonment. The bench comprising Justice L. Nageswara Rao and Justice MR Shah was considering an appeal against High Court order which invoked Section 4 of the Probation of Offenders Act on the ground that …

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]
7 years, 4 months ago

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]

Live Law  

In State of UP Vs. Tribhuwan, the Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him and its benefit by way of set off could be given to him under Section 428 of Code.The state had, before the …

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]
7 years, 4 months ago

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]

Live Law  

In State of UP Vs. Tribhuwan, the Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him and its benefit by way of set off could be given to him under Section 428 of Code.The state had, before the …

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