Supreme Court Relaxes Rule On Listing Bail Pleas Before Same Judge When Roster Changes
1 month, 1 week ago

Supreme Court Relaxes Rule On Listing Bail Pleas Before Same Judge When Roster Changes

Live Law  

The Supreme Court recently clarified its earlier judgments which mandated that bail applications arising out of the same FIR should be placed before the same bench/judge, taking note of the practical difficulties which arise after roster changes.If the judge who dealt with the earlier bail application becomes a part of a division bench after a roster change, then the subsequent bail. The Supreme Court recently clarified its earlier judgments which mandated that bail applications arising out of the same FIR should be placed before the same bench/judge, taking note of the practical difficulties which arise after roster changes. If the judge who dealt with the earlier bail application becomes a part of a division bench after a roster change, then the subsequent bail application by another accused in the same FIR might get a delayed listing, as the said judge is not regularly hearing bail applications. Hence, the bench made the following clarifications : "We, therefore, clarify that if in a particular High Court, the bail applications are assigned to different single Judge/Bench, in that event, all the applications arising out of same FIR should be placed before one learned Judge.

Supreme Court Court Bail Applications Judge Fir Bench Roster Earlier Bail Applications Roster Change Roster Changes  bail  roster  supreme  earlier  bench  pleas  fir  rule  court  applications  taking  relaxes  listing  arising  judge  changes

History of this topic

Shivaji remarks row: HC asks Kolhapur court to decide ex-scribe's pre-arrest bail on merits of case
1 week, 2 days ago

Shivaji remarks row: HC asks Kolhapur court to decide ex-scribe's pre-arrest bail on merits of case

Hindustan Times  

Mumbai, The Bombay High Court on Tuesday asked the Kolhapur sessions court to decide the anticipatory bail plea of former journalist Prashant Koratkar, accused of making offensive remarks on Chhatrapati Shivaji Maharaj and his son, on the merits of the case after hearing the parties. Shivaji remarks row: HC asks Kolhapur court to decide ex-scribe's pre-arrest bail on merits of …

Supreme Court Flags Delay In Amending Calcutta High Court Rule Requiring Division Bench Instead Of Single Judge For Certain Bail Cases
Trending News
1 week, 6 days ago

Supreme Court Flags Delay In Amending Calcutta High Court Rule Requiring Division Bench Instead Of Single Judge For Certain Bail Cases

Live Law  

The Supreme Court recently raised concerns over the delay in amending the Calcutta High Court Rules on the aspect of the strength of the bench hearing bail applications, pointing out that the proposal to amend the Rule has been pending for 12 years. The issue relates to the proviso to Rule 9 of the High Court Appellate Side Rules, which …

Supreme Court Flags Delay In Amending Calcutta High Court Rule Requiring Division Bench Instead Of Single Judge For Certain Bail Cases
Trending News
1 week, 6 days ago

Supreme Court Flags Delay In Amending Calcutta High Court Rule Requiring Division Bench Instead Of Single Judge For Certain Bail Cases

Live Law  

The Supreme Court recently raised concerns over the delay in amending the Calcutta High Court Rules on the aspect of the strength of the bench hearing bail applications, pointing out that the proposal to amend the Rule has been pending for 12 years. The issue relates to the proviso to Rule 9 of the High Court Appellate Side Rules, which …

Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies
2 weeks ago

Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies

Live Law  

While answering a reference made by a single judge, a division bench of the Madras High Court has clarified that all successive bail applications/anticipatory bail applications arising out of the same FIR/Crime Number shall be listed before the judge holding the roster. “ All bail/anticipatory bail applications arising out of the same FIR/Crime Number shall be listed before the same …

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
2 weeks, 1 day ago

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences

Live Law  

In a recent case of 'X v. State of Rajasthan,' the Supreme Court observed that courts should refrain from entertaining bail applications in serious offences such as rape, murder, dacoity once the trial has commenced. Relying on an earlier order granting bail to a co-accused as well as noting certain discrepancies in the prosecutrix's statement recorded under Section 164 of …

Allahabad High Court Changes Rules For Listing Of Cases Arising From Same FIRs In View Of SC's Judgment
2 weeks, 6 days ago

Allahabad High Court Changes Rules For Listing Of Cases Arising From Same FIRs In View Of SC's Judgment

Live Law  

Recently, the Allahabad High Court published an administrative order changing the rules for listing cases arising out of the same FIRs/ case crime numbers. 2025 LiveLaw 188 More about the Apex Court's judgment here : Rule To List Bail Pleas From Same FIR Before Same Bench Won't Apply If Judge's Roster Changes : Supreme Court Clarifies By order dated 25.02.2025, …

Should Subsequent Bail Pleas Be Listed Before Roster Judge Even If Judge Who Heard Earlier Plea Is Present? Madras HC Refers To Larger Bench
3 weeks, 2 days ago

Should Subsequent Bail Pleas Be Listed Before Roster Judge Even If Judge Who Heard Earlier Plea Is Present? Madras HC Refers To Larger Bench

Live Law  

The Madras High Court has referred to a larger bench the issue on whether subsequent bail applications filed by an accused should be listed before the roster bench even if the judge who had dealt with an earlier bail/anticipatory bail petition is available. Justice Sunder Mohan referred the question to the larger bench after noting the Supreme Court's clarification in …

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court
1 month ago

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a bail application solely on the ground that the Apex Court had not permitting the filing of a fresh application.The Court reiterated that the filing of a fresh bail application, after the dismissal of an earlier bail application or the cancellationtion of the bail granted, was a right. The …

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 …

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court
1 month, 2 weeks ago

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court

Live Law  

The Karnataka High Court has said that unless there are exceptional circumstances to file an anticipatory bail application directly before the High Court, bypassing the Sessions Court, it will be prudent for the accused to approach the Sessions Court at the first instance seeking relief. It was argued that both Sessions Court and High Court have concurrent jurisdiction to entertain …

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

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him
1 month, 3 weeks ago

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him

Live Law  

The Supreme Court recently imposed costs of Rupees Two Lakhs on a petitioner who intended "to take undue advantage of procedural law" after he withdrew his anticipatory bail application twice before the High Court before moving the Apex Court. The bench noted that before the High Court the accused had withdrawn his application on Septem 30, 2024 on seeing the …

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC
1 month, 3 weeks ago

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC

Live Law  

The Kerala High Court clarified that if bail application of an accused is allowed, then the bail application of co-accused in the same crime cannot be denied without giving sufficient reasons for denial. The Court stated that if the bail application of a co- accused is rejected, then bail application of another co-accused can be allowed only if the allegation …

As the SC delivers a split verdict in Tahir Hussain's bail plea, read what both the judges said
1 month, 3 weeks ago

As the SC delivers a split verdict in Tahir Hussain's bail plea, read what both the judges said

Op India  

A division bench of the Supreme Court comprising Justices Pankaj Mithal and Amanuddin Ahsanullah found itself in a fix while hearing the interim bail plea of Delhi Anti-Hindu riots accused Tahir Hussain on Wednesday. Former Aam Aadmi Party Councillor Tahir Hussain filed a plea before the Apex Court seeking interim bail for contesting the upcoming Delhi Assembly elections as a …

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

Rajasthan High Court grants interim bail to Asaram in 2013 rape case until March 31
2 months, 1 week ago

Rajasthan High Court grants interim bail to Asaram in 2013 rape case until March 31

India TV News  

In a significant development, the Rajasthan High Court on Tuesday granted interim bail to self-styled godman Asaram, who is currently serving a life sentence for the 2013 rape of a minor at his ashram in Jodhpur. The Supreme Court had extended his bail on medical grounds, which prompted Asaram's legal team to file a similar application for a suspension of …

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
2 months, 1 week ago

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement

Live Law  

Expressing “anguish and pain” over denial of bail to a man not even named by the minor victim in her statement, the Rajasthan High Court has sought explanation from a Special POCSO Judge for his decision. The bench of Justice Anil Kumar Upman opined that the increasing tendency of trial courts in rejecting bail petitions in a "casual and routine …

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders
2 months, 3 weeks ago

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders

Live Law  

The High Court of Jammu & Kashmir and Ladakh has stressed the necessity for judicial sensitivity and diligence in dealing with bail applications. Justice Dhar made these observations in a plea involving petitioner Umar Bashir Khan, who sought bail in connection with FIR registered under Sections 451, 376/511, 354, and 506 of the Ranbir Penal Code. After examining the submissions …

100 Important Supreme Court Judgments- Part 3 [51 to 75]
2 months, 3 weeks ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
2 months, 3 weeks ago

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest

Live Law  

The Supreme Court delivered several notable judgments in 2024 on the parameters for bail and powers of arrest. PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme Court Case Title : Arvind Kejriwal v. Directorate of Enforcement | 2024 LiveLaw 463 Coram : Justice Sanjiv Khanna and Justice …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
2 months, 3 weeks ago

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court

Live Law  

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". Such reluctance exacerbates the burden on High Courts, where …

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 …

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
3 months, 3 weeks ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

'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 …

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession
4 months, 1 week ago

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

Live Law  

The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them. The court passed the order …

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
4 months, 1 week ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

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 …

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.

High Courts should not sit on bail pleas: Supreme Court
6 months, 1 week ago

High Courts should not sit on bail pleas: Supreme Court

The Hindu  

The Supreme Court on Friday held that a High Court must either relegate bail pleas to the trial court concerned then and there or promptly hear them on merits as the right to personal liberty was at stake. The top court was addressing the argument by the Central Bureau of Investigation that Mr. Kejriwal’s bail application must be sent back …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Banbhoolpura violence: Uttarakhand HC asks 'mastermind' to approach division bench for bail
6 months, 2 weeks ago

Banbhoolpura violence: Uttarakhand HC asks 'mastermind' to approach division bench for bail

The Hindu  

A single-judge bench of Uttarakhand High Court on Monday disposed of the bail petition of Abdul Malik, the alleged mastermind of Banbhoolpura violence, asking him to approach a division Bench of the high court as it is a case under the Unlawful Activities Act. On August 30, after hearing the bail application of Mr. Malik, the single bench of Justice …

Advocate Dinesh Jangra gets relief from high court in assault case
6 months, 2 weeks ago

Advocate Dinesh Jangra gets relief from high court in assault case

Hindustan Times  

The Punjab and Haryana high court granted anticipatory bail to Dinesh Jangra, an advocate accused in a high-profile assault case involving members of the Punjab and Haryana High Court Bar Association. The order was passed by Justice Manisha Batra overturning the decision of the additional sessions judge, Chandigarh, which had denied bail application of Dinesh Jangra. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} …

Supreme Court grants bail to BRS leader K. Kavitha in excise policy cases
6 months, 3 weeks ago

Supreme Court grants bail to BRS leader K. Kavitha in excise policy cases

The Hindu  

The Supreme Court on Tuesday ordered Bharat Rashtra Samithi leader K. Kavitha’s release on bail “forthwith” in the politically-charged Delhi liquor policy case, which saw high-profile arrests like that of Delhi Chief Minister Arvind Kejriwal just days ahead of the general election in 2024. The top court found it fantastic that the Delhi High Court had refused bail to Ms. …

'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 …

Ruling on Sisodia calls for judicial reforms in bail process
7 months, 1 week 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 …

Chandigarh: Court allows bail to HC Bar body chief in assault case
7 months, 1 week ago

Chandigarh: Court allows bail to HC Bar body chief in assault case

Hindustan Times  

The court of additional sessions judge on Thursday allowed the regular bail application of Vikas Malik, president of the Punjab and Haryana High Court Bar Association, who was arrested in an assault case last month. While Chandigarh Police had opposed the bail plea, the defence counsel argued in court for two hours to present their side of the story and …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 2 weeks ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

Trial court judges afraid of granting bail in serious crimes: CJI DY Chandrachud
7 months, 3 weeks ago

Trial court judges afraid of granting bail in serious crimes: CJI DY Chandrachud

New Indian Express  

BENGALURU: Trial courts need to be encouraged to be more receptive to accommodating the concerns of people seeking liberty. Today, trial court judges are “playing it safe by not granting bail in very important issues or very serious crimes”, said Chief Justice of India DY Chandrachud here on Sunday. He said, “Increasingly, we are seeing in a lot of cases, …

Stay on bail should only be granted in rare cases: Supreme Court
8 months, 1 week ago

Stay on bail should only be granted in rare cases: Supreme Court

The Hindu  

The Supreme Court on July 12 said an inclination seen among higher courts to stall bail creates a real and present danger to the rights of personal liberty and due process. The court said it would formally address in a judgment the issue of “casual” orders passed by High Courts staying or suspending bail granted by trial courts. Justice Oka …

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 …

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC
9 months, 2 weeks ago

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC

Live Law  

Finding that the accused had suppressed the material facts & evidence against her and has committed an act of misrepresentation for getting the order of bail, when the 'evidence of last seen' was there against her along with other co-accused persons, the Rajasthan High Court held that the accused has deliberately attempted to pollute the stream of justice and has …

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape
9 months, 3 weeks ago

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused. Spotlighting the distinction between elaboration and improvisation with respect to …

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