Can Default Bail Be Cancelled On Merits Or Only For Violations Of Conditions? Supreme Court Reserves Judgment
1 year, 11 months ago

Can Default Bail Be Cancelled On Merits Or Only For Violations Of Conditions? Supreme Court Reserves Judgment

Live Law  

Today, the Supreme Court reserved its judgement in a plea moved by the Central Bureau of Investigation seeking the cancellation of default bail granted to Erra Gangi Reddy in connection with the YS Vivekananda Reddy murder case. The main question in today's discussion was whether the Court could go into the merits of the case for the cancellation of bail. In that case, only on the eventuality of Sections 437 or 439 of the CrPC, bail can be canceled, not on merits", the Bench pointed out. For cancellation of default bail, what is required is to be checked is whether any of the bail conditions have been violated, he added.

Court Bail Case Cbi Default Bail  vs  court  cancelled  reserves  supreme  bail  case  cancellation  reddy  bench  violations  judgment  state  default  merits  conditions  cbi

History of this topic

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court
3 weeks, 5 days 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 Once Granted To Accused Can't Be Cancelled Unless He Violates Bail Conditions Or Impedes Fair Trial: Jharkhand High Court
6 months, 3 weeks ago

Bail Once Granted To Accused Can't Be Cancelled Unless He Violates Bail Conditions Or Impedes Fair Trial: Jharkhand High Court

Live Law  

In a recent ruling, the Jharkhand High Court emphasized that bail once granted to an accused cannot be cancelled solely based on non-compliance with the terms of a compromise agreement. Justice Anil Kumar Choudhary, presiding over the case, reiterated that bail can only be revoked if the accused violates the conditions of bail or impedes a fair trial. Justice Anil …

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial
9 months ago

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial

Hindustan Times  

The Supreme Court on Wednesday pulled up the Enforcement Directorate saying the central agency cannot keep on filing supplementary chargesheets and keep person in jail without trial. The remarks by a top court bench of justices Sanjiv Khanna and Dipankar Datta were made while taking exception to the agency filing four supplementary chargesheets in a money laundering case arising from …

Absence Of The Accused Is Not Sufficient Reason To Revoke Bail
10 months, 3 weeks 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 …

Default Bail Can't Be Claimed On Ground That Investigation Is Pending Against Other Accused: Supreme Court Sets Aside Bail To Wadhwans In DHFL Case
10 months, 4 weeks ago

Default Bail Can't Be Claimed On Ground That Investigation Is Pending Against Other Accused: Supreme Court Sets Aside Bail To Wadhwans In DHFL Case

Live Law  

The Supreme Court today set aside the default bail granted to DHFL promoters Kapil Wadhawan and Dheeraj Wadhawan in the case related to the alleged multi-crore loan scam. Setting aside the concurring findings of the High Court and the Trial Court, the Bench of Justices Bela Trivedi and Pankaj Mithal noted that Kapil and Dheeraj Wadhawan cannot claim the statutory …

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year ago

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

Live Law  

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code. Notably, although the Trial Court had been directed to dispose of the case within 31st …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC
1 year, 3 months ago

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that the mere filing of an FSL report with the chargesheet in a NDPS case will not be a ground to cancel default bail granted to an accused.Justice Deepak Gupta observed, ".it is made clear that merely filing the FSL report along with the challan in itself will not be …

Supreme Court Half Yearly Bail Digest 2023
1 year, 4 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 Granted U/S 436 CrPC Can Be Cancelled Only By High Court Or Sessions Court U/S 439(2): Orissa High Court
1 year, 4 months ago

Bail Granted U/S 436 CrPC Can Be Cancelled Only By High Court Or Sessions Court U/S 439(2): Orissa High Court

Live Law  

The Orissa High Court has recently held that bail granted under Section 436 of the Code of Criminal Procedure cannot be cancelled by the same Court and that can only be done by the Court of Sessions or High Court under Section 439 of the Code. The Court cited Section 437 of the CrPC where power of the Magistrate to …

TS HC cancels bail granted to Yerra Gangi Reddy
1 year, 7 months ago

TS HC cancels bail granted to Yerra Gangi Reddy

Deccan Chronicle  

Hyderabad: In a major development, and one that could have a bearing on the investigation of Y.S. Vivekananda Reddy murder case, the Telangana High Court on Thursday cancelled the default bail granted to prime accused Yerra Gangi Reddy. The High Court single judge bench of Justice Chillakuru Sumalatha also directed Gangi Reddy to surrender before the CBI court in Hyderabad …

No decision yet on cancelling Gangi Reddy bail in Viveka murder case
1 year, 8 months ago

No decision yet on cancelling Gangi Reddy bail in Viveka murder case

Deccan Chronicle  

Hyderabad: The Telangana High Court on Thursday adjourned the hearing over a CBI petition requesting cancellation of bail to Yerra Gangi Reddy, the main accused in the Y.S. Dr Suneetha, daughter of Vivekananda Reddy, also impleaded through her counsel T. Swetcha for cancellation of bail, pointing to various allegations against Gangi Reddy, including hiring assassins, destroying evidence and unspecified monetary …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-IV
1 year, 9 months ago

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

Live Law  

Q.16 Is the above decision in Union of India v. Thamisharasi reported in 4 SCC 190 applicable to offences under the Kerala Abkari Act? What the said section provides is only that if the investigating agency fails to submit a charge sheet within 90 days, then they cannot seek the continued detention of the accused in custody. Since the defects …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III
1 year, 9 months 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
1 year, 9 months 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-Cancellation Of Bail-PART-I
1 year, 10 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Cancellation Of Bail-PART-I

Live Law  

Q.1 Is there any specific provision in the Cr.P.C for cancellation of bail? In an article titled “I beg to disagree with the proposition of law laid down in James George @ Basaliyas Marthoma Yakob – Pradaman v. State of Kerala 2015 KLT 310 – B. Kemal Pasha - JJ” published in 2015 KLT Journal page 29, I had enumerated …

View That Default Bail Cannot Be Cancelled On Merits Will Reward Lethargic Investigation : Supreme Court
1 year, 11 months ago

View That Default Bail Cannot Be Cancelled On Merits Will Reward Lethargic Investigation : Supreme Court

Live Law  

The Supreme Court, on Monday, held that when special reasons are made out from the chargesheet and the chargesheet reveals commission of non-bailable crime, default bail granted to an accused under proviso to Section 167 CrPC can be cancelled. A case for cancellation of default bail can be considered by the court if - the defects for which default bail …

SC directs AP HC to reconsider plea to cancel bail of Viveka’s murder accused
1 year, 11 months ago

SC directs AP HC to reconsider plea to cancel bail of Viveka’s murder accused

Deccan Chronicle  

New Delhi: A two-judge bench of the Supreme Court directed the Andhra Pradesh High Court to reconsider afresh a petition filed by the CBI seeking cancellation of bail to T. Gangi Reddy, one of the accused in the murder of Vivekanand Reddy, brother of late Y.S. The bench — while observing that mere filing of a chargesheet is not sufficient …

Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet : Supreme Court
1 year, 11 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 …

Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court
2 years, 1 month ago

Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court

Live Law  

The Supreme Court observed that cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bail. Ordinarily, unless a strong case based on any supervening event is made out, an order granting bail is not to be lightly interfered with under Section 439 CrPC.If the Trial Court was satisfied that the …

HC rejects plea seeking cancellation of Jagan’s bail
2 years, 1 month ago

HC rejects plea seeking cancellation of Jagan’s bail

Deccan Chronicle  

HYDERABAD: The Telangana High Court rejected the plea of YSRCP rebel MP Kanumuru Raghu Ramakrishna Raju, seeking cancellation of the bail granted to Andhra Pradesh Chief Minister Y.S. The Chief Justice observed that the court was of the opinion that no case for cancellation of bail of Jagan Mohan Reddy was made out. The court pointed out that Raju has …

Bail Can't Be Cancelled Without Giving Notice To Accused, Giving Him An Opportunity Of Being Heard: Allahabad High Court
2 years, 2 months ago

Bail Can't Be Cancelled Without Giving Notice To Accused, Giving Him An Opportunity Of Being Heard: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that the cancellation of bail cannot be done without giving notice to the accused and giving him an opportunity of being heard. With this, the bench of Justice Ajai Kumar Srivastava-I sets aside the order of the Sessions Judge, Raebareli cancelling the bail granted earlier to Rajendra Kumar and 2 others in connection with …

Bail Cannot Be Cancelled When Accused Wasn't Conditioned To Not Get Involved In Any Other Criminal Case: MP High Court
2 years, 4 months ago

Bail Cannot Be Cancelled When Accused Wasn't Conditioned To Not Get Involved In Any Other Criminal Case: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench, recently rejected an application for cancellation of bail of a person on the ground that his bail order had not conditioned him to not get involved in any other criminal case. The Applicant had alleged that the accused person, who was enlarged on bail by the Court, was regularly indulging in criminal activities …

CBI court junks Anil Deshmukh's default bail plea in corruption case
2 years, 5 months ago

CBI court junks Anil Deshmukh's default bail plea in corruption case

India Today  

A special CBI court in Mumbai has rejected the default bail plea of former Maharashtra home minister Anil Deshmukh and his associates, Sanjeev Palande and Kundan Shinde, in a corruption case. They have filed an application for default bail stating that the chargesheet filed by the agency was incomplete and that the investigation was not complete. On Monday, after special …

Woman actor moves apex court to cancel Vijay Babu’s bail
2 years, 5 months ago

Woman actor moves apex court to cancel Vijay Babu’s bail

The Hindu  

The survivor in the alleged rape case involving Malayalam actor-producer Vijay Babu has approached the Supreme Court to cancel the conditional anticipatory bail granted to him by the Kerala High Court. The police booked a second case against him on April 27 after he revealed the identity of the survivor in a social media outburst from Dubai. Babu was arrested …

Supreme Court Criminal Digest -April 2022
2 years, 7 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

Delay In Concluding Trial A Significant Consideration While Deciding Bail Applications: Gujarat High Court
2 years, 9 months ago

Delay In Concluding Trial A Significant Consideration While Deciding Bail Applications: Gujarat High Court

Live Law  

The Gujarat High Court has affirmed that "in deciding the bail applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial." The Applicant-accused herein sought regular bail under Section 439 CrPC, in connection with offences under sections 132, 132 read with section 132 and section 132 of the and …

Bail Cannot Be Cancelled On The Basis Of Vague Allegation Against The Accused: Andhra Pradesh High Court
2 years, 9 months ago

Bail Cannot Be Cancelled On The Basis Of Vague Allegation Against The Accused: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently ruled that the bail granted cannot be cancelled under Section 439 of Code of Criminal Procedure if there are vague allegations against the accused without any substantive proof. Court's Ruling The court in the present matter observed that in the third bail application which was allowed, the Additional Sessions Judge had noted that some …

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

SC rejects NIA plea against bail to Sudha Bharadwaj
3 years ago

SC rejects NIA plea against bail to Sudha Bharadwaj

Hindustan Times  

The Supreme Court on Tuesday dismissed the National Investigation Agency ’s petition against the bail granted by the Bombay high court to activist Sudha Bharadwaj, an accused in the Bhima Koregaon violence case, as it affirmed that only a special court was competent to give more time to the agency to complete its investigation in the 2018 case. SC has …

Unnao Rape Case: "No Material/Cogent Reason Adduced": Allahabad High Court Dismisses CBI's Plea To Cancel Bail Of Accused
3 years, 2 months ago

Unnao Rape Case: "No Material/Cogent Reason Adduced": Allahabad High Court Dismisses CBI's Plea To Cancel Bail Of Accused

Live Law  

The Allahabad High Court recently dismissed applications for cancellation of the bail filed by the Central Bureau of Investigation. Significantly, the applications were moved by the CBI in the year 2018 pursuant to the observation of Division Bench, in which the Court had asked the CBI to consider as to whether cancellation of bail of accused in the case was …

Bhima Koregaon case: NIA opposes Sudha Bharadwaj's default bail plea in Bombay HC
3 years, 4 months ago

Bhima Koregaon case: NIA opposes Sudha Bharadwaj's default bail plea in Bombay HC

India Today  

The National Investigation Agency has opposed the bail plea of Elgar Parishad accused Sudha Bharadwaj. A rights activist, Sudha Bharadwaj, has moved the Bombay High Court for default bail in the Bhima Koregaon case. No valid default bail plea filed: ASG Opposing the bail plea, ASG Anil Singh argued that for Sudha Bharadwaj to take the benefit of the default …

Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court
3 years, 7 months ago

Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court

Live Law  

In a bail order, the Kerala High Court on Thursday underscored that the accused cannot get default bail if a chargesheet originally filed within time is re-presented following the period after the defects are cured. A Bench comprising of Justice Ashok Menon observed to the effect while disposing of a bail application filed by one Saharath VP, an accused in …

Criminal Proceedings Are Not For Realization Of Disputed Dues, Reiterates Supreme Court
3 years, 9 months ago

Criminal Proceedings Are Not For Realization Of Disputed Dues, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that criminal proceedings are not for realization of disputed dues.A Criminal Court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant, and that too, without any trial, the bench comprising Justices Indira Banerjee and Krishna Murari observed.In this case, the Jharkhand High. A …

Whether Day Of Remand Is To Be Included For Considering A Claim For Default Bail? Supreme Court Refers To Larger Bench
3 years, 9 months ago

Whether Day Of Remand Is To Be Included For Considering A Claim For Default Bail? Supreme Court Refers To Larger Bench

Live Law  

Whether the day of remand is to be included or excluded, for considering a claim for default bail? The Supreme Court referred this issue to a larger bench.The Court was considering the appeal filed against the Bombay High Court judgment which held that the day of remand has to be included for the purpose of computing the period of 90 …

Default Bail Granted Erroneously Can Be Cancelled By High Court U/s 439(2) CrPC: Supreme Court
4 years, 1 month ago

Default Bail Granted Erroneously Can Be Cancelled By High Court U/s 439(2) CrPC: Supreme Court

Live Law  

The Supreme Court has observed that a 'default bail' illegally or erroneously granted under Section 167 Cr.PC can be cancelled under Section 439 Cr.PC.In this case, the High Court had allowed the petition filed under Section 439 CrPC, by the Intelligence Officer, Directorate of Revenue Intelligence, Bangalore Zonal Unit, Bangalore, requesting to cancel the regular bail granted to. The Supreme …

Right to default bail for accused suffers amid coronavirus pandemic
4 years, 1 month ago

Right to default bail for accused suffers amid coronavirus pandemic

India Today  

Getting default bail during the Covid-19 pandemic has become an extremely difficult task for lawyers who are representing accused booked for different crime-related cases. A three-judge bench of the Supreme Court comprising of Justices Rohinton Fali Nariman, Navin Sinha and KM Joseph recently held, “The right to default bail is not a mere statutory right under the first proviso to …

Subsequent Filing Of Chargesheet Does Not Extinguish Indefeasible Right Of Accused Who Applied For 'Default Bail': SC [Read Judgment]
4 years, 2 months ago

Subsequent Filing Of Chargesheet Does Not Extinguish Indefeasible Right Of Accused Who Applied For 'Default Bail': SC [Read Judgment]

Live Law  

The Supreme Court has observed that the accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed.The right to default bail, Justice RF Nariman led bench said, is a fundamental right granted to an accused person to be released …

Rights Of Accused Should Not Become Illusory By Imposition Of Disproportionate Bail Conditions: SC [Read Judgment]
4 years, 2 months ago

Rights Of Accused Should Not Become Illusory By Imposition Of Disproportionate Bail Conditions: SC [Read Judgment]

Live Law  

The conditions which a court imposes for the grant of bail have to balance the public interest in the enforcement of criminal justice with the rights of the accused, the Supreme Court has observed.The bench comprising Justices DY Chandrachud and Indira Banerjee observed that the discretion of the court has to be guided by the need to facilitate the administration …

Discover Related