Why Jharkhand HC's Bail On Conditions Of Donation To PM CARES Fund & Downloading Aarogya Setu Is Problematic?
4 years, 8 months ago

Why Jharkhand HC's Bail On Conditions Of Donation To PM CARES Fund & Downloading Aarogya Setu Is Problematic?

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On 16.04.2020 the High Court of Jharkhand allowed a criminal revision forsuspension of sentence. It says: no Magistrate shall release a person on bail if there appear reasonable grounds for believing that he has been guilty of the offence of which he is accused. It is perfectly conceivable that that man may be anxious to be released on bail in orde to achieve the very object with which he assaulted the two brothers, which object he failed to achieve in the first instance, and succeeded only in killing the one and simply injuring the other brother; and knowing that he will be hanged, before he is actually hanged, he may take advantage of his release on bail to go and kill the other brother. It seems to me that taking all the circumstances into consideration, seeing that admittedly the clause as we propose it is a decided advance, a decided improvement in the existing law, seeing also that the clause as we propose it gives the fullest discretion to the Magistrate in even the most serious class of cases in certain instances to release on bail and prohibits release on bail only when circumstances or facts have been established which have led the Magistrate to believe or have reason to believe that the accused has committed the offence - only in this very narrow circle is he prohibited from releasing the accused on bail in this most serious of all crimes, -1 submit that the Legislature ought not to go beyond that, that the Legislature should limit in such cases the discretion of the Magistrate in so far as release on bail in non-bailable cases is concerned". Now, coming back to the present condition of making contribution to PM CARES Fund, once the amount is deposited in this fund can it be refunded on the ground that the person in question didn't violate any provision of law which could lead to cancellation of bail?

History of this topic

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
1 month, 2 weeks ago
'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases
4 months, 1 week ago
Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage
5 months ago
Manish Sisodia granted bail after 17 months in jail: What SC said while granting relief to AAP leader
5 months ago
Delhi court rejects anticipatory bail plea of AAP’s Okhla MLA
10 months, 1 week ago
Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB
1 year, 11 months ago
Plea Seeking Pre-Arrest Bail Not Money Recovery Proceedings: Supreme Court Sets Aside HC Bail Condition Of Depositing Rs 7.5 Lakhs
2 years, 3 months ago
'Bail Conditions Should Be Proportionate' : Supreme Court Says Blanket Order Restricting Zubair From Tweeting Is Unjustified
2 years, 5 months ago
Criminal Proceedings Are Not For Realization Of Disputed Dues, Reiterates Supreme Court
3 years, 9 months ago
Jharkhand HC Grants Pre-Arrest Bail To Mosque-Coordinators Accused Of Providing Shelter To Tablighi Jamaat Members Without Informing Administration [Read Order]
4 years, 2 months ago
Rights Of Accused Should Not Become Illusory By Imposition Of Disproportionate Bail Conditions: SC [Read Judgment]
4 years, 3 months ago
MP HC Asks Person Accused Of Outraging Modesty Of Neighbour To Request Her To Tie The Rakhi With A Promise To Protect Her, as Bail Condition [Read Order]
4 years, 5 months ago
'Humane Attitude' Is Required By The Court While Deciding Remand Applications Of Accused : Reiterates Himachal Pradesh HC [Read Order]
4 years, 6 months ago
Donate Money For Preparation & Distribution Of Food To Downtrodden Persons Including Migrants: Madhya Pradesh HC Imposes Bail Condition
4 years, 7 months ago
Delhi Court Directs Downloading Aarogya Setu App And Continuously Switched On GPS and Bluetooth As A Mandatory Condition for Bail [Read Order]
4 years, 7 months ago
Condition To Deposit Amount In PM CARES Fund For Granting Bail Is Improper: Madhya Pradesh HC Concurs With Kerala HC [Read Order]
4 years, 7 months ago
Application For Anticipatory Bail Is Maintainable Even After An Accused Is Declared "Absconder": Madhya Pradesh HC [Read Judgment]
4 years, 7 months ago
Payment Of Fine Is A Mode Of Punishment; Can't Be A Condition For Bail : Jharkhand HC [Read Order]
4 years, 8 months ago
Madhya Pradesh HC Grants Bail On Condition To Donate To 'PM CARES Fund' & Provide Volunteer Services [Read Order]
4 years, 8 months ago
Jharkhand HC Allows A Plea For Anticipatory Bail On Precondition Of Contributing Rs. 10,000 To PM CARES Fund [Read Order]
4 years, 8 months ago

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