Defence Strategies During Bail, Remand & Investigation : From Senior Adv Rebecca M John
4 years, 5 months ago

Defence Strategies During Bail, Remand & Investigation : From Senior Adv Rebecca M John

Live Law  

In a highly educative and enlightening session, Senior Advocate Rebecca M John discussed various important strategies, that could be employed by defence lawyers for an effective criminal trial.John, who has handled notable cases such as Arushi Talwar, Hashimpura, 2G trial etc, was talking at a webinar organized by LiveLaw on the topic "Strategies of a Defense Lawyer in a Criminal Case" as part. In a highly educative and enlightening session, Senior Advocate Rebecca M John discussed various important strategies, that could be employed by defence lawyers for an effective criminal trial. Use of Section 156 CrPC Contrary to the popular misconception, even an accused can file application under Section 156 CrpC seeking to monitor investigation to ensure proper probe. Further investigation John said that the Supreme Court cleared the ambivalence of the law on the point in the case Vinubhai Haribhai Malaviya vs. State of Gujarat by saying that even after the submission of charge sheet, further investigation can be sought and that even an accused can seek further investigation.

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History of this topic

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
1 month, 1 week 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 …

Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court
1 year, 5 months ago

Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court

Live Law  

The Supreme Court, on Tuesday, indicated that courts should impose realistic conditions of bail considering the economic and social position of the undertrial prisons or else the act of grant of bail does not subserve its purpose. A Bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia observed the same while hearing a suo moto writ petition instituted for the …

[BAIL] Questions & Answers By Justice V. Ramkumar- Default Bail -PART-VI
1 year, 8 months ago

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

Live Law  

Q.26 Whether it is for the Magistrate or for the Special Court to extend the time for filing the charge-sheet for the period from 90 days to 180 days under Section 43 D of the Unlawful Activities Act, 1967? 1021- VRK - J. Q.27 In a case involving a scheduled offence under the UAP Act, on the expiry of 90 …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII
1 year, 11 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII

Live Law  

Q.36 Why not during these “corona lockdown” days impose a mandatory bail condition to download Arogya Setu App and keep the applicant’s GPS and Bluetooth open? 1 SCC 240 = AIR 1978 SC 429 - V. R. Krishna Iyer – JJ, there is an observation by Justice V.R.Krishna Iyer to the effect “……It makes sense to assume that a man …

Unexplained, Avoidable & Prolonged Delay In Concluding Trial, Appeal Or Revision Would Be A Factor For Consideration Of Bail: Supreme Court
2 years, 6 months ago

Unexplained, Avoidable & Prolonged Delay In Concluding Trial, Appeal Or Revision Would Be A Factor For Consideration Of Bail: Supreme Court

Live Law  

Directions issued The Court issued a slew of directions as follows : a) The Government of India may consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bails. b) The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of …

High Court While Reversing Trial Court's Order Of Rejecting Bail U/S 302 Must Give Some Reasons: Supreme Court
2 years, 10 months ago

High Court While Reversing Trial Court's Order Of Rejecting Bail U/S 302 Must Give Some Reasons: Supreme Court

Live Law  

The Supreme Court has observed that in the case of murder it is expected for the High Court to at least give some reason for reversing Trial Court's order which had rejected bail application by reasoned order. The observation has been made by a bench of Justices Vineet Saran and Aniruddha Bose while considering SLP assailing Allahabad High Court's order …

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, 7 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, …

Successive Anticipatory Bail Applications Ought Not To Be Entertained On Specious Ground Of 'Changed Circumstances' : Supreme Court
3 years, 11 months ago

Successive Anticipatory Bail Applications Ought Not To Be Entertained On Specious Ground Of 'Changed Circumstances' : Supreme Court

Live Law  

The Supreme Court, in an order passed on Thursday, observed that successive anticipatory bail applications ought not to be entertained.In this case, the first and second anticipatory bail applications moved by the accused was dismissed by the High Court. The Supreme Court, in an order passed on Thursday, observed that successive anticipatory bail applications ought not to be entertained. "As …

Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records 'Displeasure' About Long Pendency Of Bail Plea In HC [Read Order]
4 years, 10 months ago

Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records 'Displeasure' About Long Pendency Of Bail Plea In HC [Read Order]

Live Law  

Expressing its 'displeasure' about the pendency of bail application filed in August, 2018 before the Calcutta High Court, the Supreme Court reiterated that bail applications need to be dealt with expeditiously and finally. The High Court, instead of deciding the bail application filed by an accused, granted interim orders. While considering the appeal filed against the rejection of his application …

Successive Bail Applications Should Be Placed Before The Same Judge Who Considered The First One: SC [Read Judgment]
5 years, 8 months ago

Successive Bail Applications Should Be Placed Before The Same Judge Who Considered The First One: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that successive bail applications filed by an accused should be placed before the same Judge who had refused bail in the first instance, unless that Judge is not available. After 13 days, the accused filed a second application for anticipatory bail which came to be heard by another Judge, though the Judge who had heard …

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