Accused Has Right To Have His Bail Plea Heard In Reasonable Time: Allahabad HC Seeks Time Bound Procedure For Supplying Instructions To Govt Advocates
3 years, 9 months ago

Accused Has Right To Have His Bail Plea Heard In Reasonable Time: Allahabad HC Seeks Time Bound Procedure For Supplying Instructions To Govt Advocates

Live Law  

"Failure of the police authorities to provide timely instructions to the Govt Advocate/ Additional Govt Advocate in bail applications causes delay in the hearing of the bail applications, and often leads to unjustified incarceration of an accused in jail," the Allahabad High Court observed recently. A Single Bench of Justice Ajay Bhanot has therefore directed the Director General of Police, UP, to ensure that a fair, transparent and clear procedure is created for supplying instructions to the GA/AGA in bail applications before the High Court. Taking a serious view of this, the Bench observed, "The purpose of giving advance notice of bail applications to the office of Government Advocate is to ensure that police authorities/ prosecution are able to furnish timely instructions in the case to the Government Advocate. "An analogous procedure can also be created for other criminal cases as well," the Single Bench remarked while stating that the concerns expressed in Ajeet Choudary are applicable to all bail applications.

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History of this topic

Once Chargesheet Is Filed, Ticking Of Clock With Regard To Statutory Bail Automatically Stops: Karnataka High Court
1 week, 1 day ago

Once Chargesheet Is Filed, Ticking Of Clock With Regard To Statutory Bail Automatically Stops: Karnataka High Court

Live Law  

While denying regular bail to a rape accused, the Karnataka High Court observed that once the chargesheet is filed within the stipulated time of 60 days from the date of the complaint, the right to seek the statutory bail extinguishes. "It is needless to emphasise that once the charge sheet is filed ticking of the clock with regarding to statutory …

Allahabad HC grants bail to ex-SP MLA Irfan Solanki in 2022 extortion case
1 week, 3 days ago

Allahabad HC grants bail to ex-SP MLA Irfan Solanki in 2022 extortion case

Hindustan Times  

The Allahabad high court on Monday granted bail to former Samajwadi Party MLA Irfan Solanki and his brother Rizwan Solanki in an extortion case pending in Kanpur Nagar. The bail application was filed on behalf of the applicants in the criminal case registered in 2022 under section 386 of Indian Penal Code at Jajmau police station of Kanpur Nagar. While …

DC Edit | Courts must not delay bail cases
Trending News
2 weeks ago

DC Edit | Courts must not delay bail cases

Deccan Chronicle  

Article 21 of the Constitution which states that no person shall be deprived of his life or personal liberty except according to procedure established by law is the guarantee of personal liberty against the possible excesses of the state. It has time and again told the courts across the country not to feel cagey about ensuring personal liberty or granting …

Court grants bail to rape accused, asks him to marry survivor within 3 months
2 weeks, 1 day ago

Court grants bail to rape accused, asks him to marry survivor within 3 months

India Today  

A 26-year-old rape accused was recently granted bail by the Allahabad High Court on the condition that he marry the survivor within three months of his release from jail, the Bar and Bench reported. The order was passed on February 20 by a single-judge bench headed by Justice Krishan Pahal after the accused, identified as Naresh Meena alias Narsaram Meena, …

HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea
1 month, 1 week ago

HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea

Hindustan Times  

The Delhi high court will on February 24 hear jailed parliament member Engineer Rashid’s plea against a local court’s December 23 refusal to pass an order on his bail plea citing lack of jurisdiction. Justice Vikas Mahajan scheduled the hearing after Delhi high court’s registrar general informed the court about the Supreme Court ’s permission for a special court to …

Delhi HC seeks SC clarification on court jurisdiction for Engineer Rashid’s bail plea
Trending News
1 month, 2 weeks ago

Delhi HC seeks SC clarification on court jurisdiction for Engineer Rashid’s bail plea

New Indian Express  

NEW DELHI: The Delhi High Court has approached the Supreme Court seeking clarification regarding the appropriate trial court to hear the bail plea of Baramulla MP Engineer Rashid, currently imprisoned in a terror funding case under the Unlawful Activities Act. The issue arose after the special NIA court, which had reserved its order on Rashid’s bail plea, later transferred 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, 2 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 …

Why 2-Judge Benches Hear Bail Applications? Supreme Court Questions Calcutta High Court Practice, Seeks Report
1 month, 3 weeks ago

Why 2-Judge Benches Hear Bail Applications? Supreme Court Questions Calcutta High Court Practice, Seeks Report

Live Law  

The Supreme Court recently questioned the practice of the Calcutta High Court hearing regular and anticipatory bail applications before Division Benches instead of Single Judges, as is the norm in other High Courts. “When there is a huge filing and pendency of the bail applications, we wonder why regular bail applications and anticipatory bail applications are being heard by the …

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]
1 month, 3 weeks ago

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]

Live Law  

A full bench of the Allahabad High Court has held that where the High Court has consciously issued a non-bailable warrant for the arrest of an accused, against whose acquittal/conviction an appeal has been moved, the Magistrate or the Sessions Judge, as the case may be, would have no jurisdiction to release such person on bail. nor Session Judge would …

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
1 month, 3 weeks 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 …

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years
1 month, 3 weeks ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law  

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail
Trending News
2 months ago

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail

The Hindu  

The Supreme Court on Tuesday asked Delhi Police to respond to a plea filed by former Councillor and Delhi riots accused Tahir Hussain, who has sought interim bail to campaign for the upcoming Delhi Assembly polls. Senior advocate Siddharth Aggarwal, appearing for Mr. Hussain, submitted the former Councillor was in custody for over four years and inciting a mob during …

'Nomination Can Be Filed Even While Sitting In Jail': Delhi High Court On Tahir Hussain's Interim Bail Plea To Contest Assembly Polls
2 months, 1 week ago

'Nomination Can Be Filed Even While Sitting In Jail': Delhi High Court On Tahir Hussain's Interim Bail Plea To Contest Assembly Polls

Live Law  

The Delhi High Court on Monday listed for tomorrow a plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. Justice Neena Bansal Krishna said that it will hear …

Supreme Court Dismisses Plea To Give Preference To Default Bail Application Filed On Same Day As Application To Extend Time For Investigation
2 months, 1 week ago

Supreme Court Dismisses Plea To Give Preference To Default Bail Application Filed On Same Day As Application To Extend Time For Investigation

Live Law  

The Supreme Court on January 8) dismissed a Special Leave Petition, wherein the accused person had challenged the order of the Karnataka High Court denying him statutory bail under the Unlawful Activities Act, 1967. By the said order, the High Court affirmed the trial court's deciison to give precedence to the investigation agency's application for extension of time to investigate …

Speedy trial takes precedence over anti-terror law provisions: SC
3 months ago

Speedy trial takes precedence over anti-terror law provisions: SC

Hindustan Times  

New Delhi The Supreme Court on Tuesday ruled that the constitutional right to a speedy trial would have precedence over the stringent provisions of laws such as the Unlawful Activities Act, emphasising that courts cannot let individuals languish in jail indefinitely. A bench of justices Abhay S Oka and AG Masih held that prolonged incarceration without trial constitutes a violation …

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
3 months, 1 week ago

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court

Live Law  

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities, 1967 on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of …

Partha Chatterjee's Bail : Supreme Court Sets Deadline For His Custody In ED Case As Feb 1, 2025; Expedites Trial
Trending News
3 months, 1 week ago

Partha Chatterjee's Bail : Supreme Court Sets Deadline For His Custody In ED Case As Feb 1, 2025; Expedites Trial

Live Law  

The Supreme Court on Friday directed that former West Bengal Education Minister and MLA Partha Chatterjee can be released on bail on or before February 1, 2025, in the money laundering case arising out of a recruitment scam.The Court directed the trial court to decide on framing of charges before the commencement of winter vacations or before December 31, 2024, …

Partha Chatterjee's Bail : Supreme Court Sets Deadline For His Custody In ED Case As Feb 1, 2025; Expedites Trial
Trending News
3 months, 1 week ago

Partha Chatterjee's Bail : Supreme Court Sets Deadline For His Custody In ED Case As Feb 1, 2025; Expedites Trial

Live Law  

The Supreme Court on Friday directed that former West Bengal Education Minister and MLA Partha Chatterjee can be released on bail on or before February 1, 2025, in the money laundering case arising out of a recruitment scam.The Court directed the trial court to decide on framing of charges before the commencement of winter vacations or before December 31, 2024, …

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
3 months, 1 week ago

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine

India Today  

The Supreme Court said it would revisit the question whether failure to provide the grounds of arrest would lead to bail or release of the accused in all cases. The court's decision came during the hearing of a plea filed by Mihir Shah, the main accused in the high-profile BMW hit-and-run case in Mumbai's Worli. Earlier this month, Mihir Shah …

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, 2 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, …

Fix time for completion of trials, but denying bail no solution, SC tells HCs
3 months, 3 weeks ago

Fix time for completion of trials, but denying bail no solution, SC tells HCs

New Indian Express  

NEW DELHI: The Supreme Court has expressed strong displeasure after discovering that High Courts have been denying bail to people incarcerated for long periods. A two-judge bench of Justices Abhay S. Oka and Augustine George Masih observed, “Every day we notice that in several orders passed by different High Courts while rejecting the bail applications, in a routine manner, the …

Will Ask PMLA Accused Seeking Bail On Ground Of Delay In Trial To File Undertaking Against Seeking Adjournments: Supreme Court
3 months, 3 weeks ago

Will Ask PMLA Accused Seeking Bail On Ground Of Delay In Trial To File Undertaking Against Seeking Adjournments: Supreme Court

Live Law  

The Supreme Court on Wednesday expressed that it will require persons accused of money laundering to file undertaking that they will not seek adjournments and delay trial before granting bail on the ground that trial is delayed. A bench of Justice Abhay Oka and Justice Augustine George Masih directed Zeeshan Haider, an accused in the Delhi Waqf Board money laundering …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
3 months, 3 weeks 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 …

Accused's Counsel Can't Directly Contact Probe Agencies/IOs Sans Court Permission: Allahabad HC Objects To Lawyers' Mails To ED
4 months, 1 week ago

Accused's Counsel Can't Directly Contact Probe Agencies/IOs Sans Court Permission: Allahabad HC Objects To Lawyers' Mails To ED

Live Law  

Today, the Allahabad High Court took exception to the actions of the accused's counsels, who had sent emails to Enforcement Directorate officers requesting them to file a counter affidavit, as directed by the court, in a case involving their client. Noting that counsels' sending emails directly to the Investigating Officer was not proper and could not be appreciated, a bench …

Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court
4 months, 1 week ago

Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court

Live Law  

The Gauhati High Court on Monday held that all pre-arrest bail, regular bail, and criminal petitions filed after July 01, 2024 in respect of FIR registered prior to July 01, 2024 i.e. The division bench comprising the Chief Justice Vijay Bishnoi and Justice Devashis Baruah was hearing a reference by a Single Judge bench of Gauhati High Court on the …

Even single day's delay in deciding bail plea adversely affects fundamental rights: SC
4 months, 1 week ago

Even single day's delay in deciding bail plea adversely affects fundamental rights: SC

Deccan Chronicle  

New Delhi: Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens.The apex court has time and again emphasised the importance of personal liberty, a bench of Justices B R Gavai and K V Viswanathan said in …

Even single day's delay in deciding bail plea adversely affects fundamental rights of citizens: SC
4 months, 1 week ago

Even single day's delay in deciding bail plea adversely affects fundamental rights of citizens: SC

New Indian Express  

NEW DELHI: Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens. "It has been observed by this court even a single day delay in deciding the bail application adversely affects the fundamental rights of the citizens," …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
4 months, 3 weeks 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.

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court
5 months, 3 weeks ago

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court

Live Law  

The Supreme Court while granting bail to former Tamil Nadu Minister Senthil Balaji, held that higher thresholds for granting bail in stringent penal statutes like the PMLA, UAPA, and NDPS Act cannot be a tool to keep an accused incarcerated without trial. I t is a well settled principle of our criminal jurisprudence that “bail is the rule, and jail …

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial
6 months, 1 week 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 …

Surety Amount In Bail Orders Should Align With Financial Status Of Person: Allahabad HC
6 months, 1 week ago

Surety Amount In Bail Orders Should Align With Financial Status Of Person: Allahabad HC

ABP News  

The Allahabad High Court in a recent order directed trial courts to ensure that the orders granting bail consider the socio-economic status of the bail applicant. Calling it a serious matter, the court noted that large number of the persons who belong to marginalised sections of the society are unable to arrange or provide sureties fixed arbitrarily by the trial …

Court Can't Postpone Implementation Of Bail Order After Finding Accused Entitled To Bail: Supreme Court
6 months, 2 weeks ago

Court Can't Postpone Implementation Of Bail Order After Finding Accused Entitled To Bail: Supreme Court

Live Law  

The Supreme Court on Monday ruled that once a court concludes that an accused is entitled to bail, it cannot delay the implementation of the bail order, as doing so may violate the rights guaranteed under Article 21 of the Constitution. A bench of Justice Abhay Oka and Justice Augustine George Masih deleted the condition imposed by Patna High Court …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
6 months, 3 weeks ago

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order

Live Law  

The Orissa High Court has denied bail to a person, accused of committing economic offences, for misleading the Court with regard to an order passed by the Supreme Court so as to obtain an adjournment and by playing such fraud, to extend the period of liberty. The top Court stayed the order of the High Court and exempted the petitioner …

If Accused Given Bail In Multiple Cases Is Unable To Find Sureties, Condition Of Multiple Sureties Be Balanced With Article 21 : Supreme Court
6 months, 3 weeks ago

If Accused Given Bail In Multiple Cases Is Unable To Find Sureties, Condition Of Multiple Sureties Be Balanced With Article 21 : Supreme Court

Live Law  

The Supreme Court today held that if an accused, involved in multiple cases, is enlarged on bail and is unable to find multiple sureties, the court must balance the requirement of sureties with his right to personal liberty guaranteed under Article 21. In this case, the court found that the petitioner, despite securing bail in 13 cases registered across various …

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 …

Allahabad HC relief to SP MLA in 2021 criminal case
7 months, 1 week ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after …

If Right To Speedy Trial Is Violated, Constitutional Courts Can Grant Bail Despite Statutory Restrictions : Supreme Court In UAPA Case
8 months ago

If Right To Speedy Trial Is Violated, Constitutional Courts Can Grant Bail Despite Statutory Restrictions : Supreme Court In UAPA Case

Live Law  

In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court on Thursday held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy trial under Article 21 of the Constitution has been infringed. Supreme Court prioritises right to speedy trial over …

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns
8 months, 2 weeks ago

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns

The Hindu  

Published : Jul 06, 2024 14:21 IST - 8 MINS READ On bail matters, especially in cases under the draconian Unlawful Activities Act, 1967, the Supreme Court and the High Courts have been, of late, liberal in interpreting the law in favour of the accused. The two-judge bench of the Supreme Court, comprising Justices J.B. Pardiwala and Ujjal Bhuyan on …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
8 months, 2 weeks ago

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC

Live Law  

The Chattisgarh High Court has allowed a bail application upon observing that the right to expeditious trial is a fundamental right. The Court noted that under Section 193 of BNSS, it is the duty of the Investigating Officer to provide a police report and other documents to the accused, with the documents being indexed to the Magistrate as required under …

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA
10 months ago

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA

Live Law  

The Allahabad High Court on Tuesday granted 'default bail' to 11 alleged operatives of AQIS and JMB under Section 167 CrPC while holding the Special Court's orders extending the time to complete the investigation vis-a-vis the accused in the case as 'illegal', as the same was passed in their absence. Stressing the special court's duty to hear the accused persons …

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon
10 months ago

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon

Live Law  

Emphasising that in matters concerning personal liberty, every single day of delay counts, the Supreme Court on Friday expressed disappointment at the Delhi High Court keeping the bail application of a petitioner pending for nearly 11 months.A bench comprising Justices BR Gavai and Sandeep Mehta was hearing a petition filed by Amandeep Singh Dhall, an accused in the Delhi liquor. …

Shortening the gap between bail and release
1 year ago

Shortening the gap between bail and release

Hindustan Times  

Bail proceedings stand at the crossroads of constitutionally guaranteed personal liberty, and the demands of criminal law that often infringe upon it. The court’s duty to safeguard liberty does not end with a mere grant of bail but extends to ensuring prompt compliance with procedure, to secure immediate release. The Supreme Court has repeatedly cautioned against imposition of onerous bail …

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 …

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 …

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court
1 year, 2 months ago

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court

Live Law  

In a recent matter before the Kerala High Court, a single judge bench of Justice CS Dias held that an oral application made by the petitioner, who was accused under the NDPS Act would be sufficient to release him on statutory bail due to the failure of the Investigation Officer to file the final report on time. The petitioner submitted …

Bail To Accused Shouldn't Be Cancelled Based On Plea That He Is Threatening Informant After Release: Allahabad High Court
1 year, 4 months ago

Bail To Accused Shouldn't Be Cancelled Based On Plea That He Is Threatening Informant After Release: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that the bail granted to an accused should not be cancelled on the basis of an application filed claiming that the accused is continuously threatening the applicant/informant after his/her release on bail. The Court also added it is easy to reject a bail application but it is very difficult to cancel the bail already …

Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains
1 year, 5 months ago

Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains

Live Law  

A Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, recently affirmed the conviction of 9 accused persons of the crime committed by them back in 1988. However, in the course of treatment, Kapildeo also died, same day at about 4.55 p.m. Consequently, the Trial Court, finding the evidence led by the prosecution to be …

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