Court Can't Postpone Implementation Of Bail Order After Finding Accused Entitled To Bail: Supreme Court
6 months, 3 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 while granting bail to an accused that the bail order will be executed after six months. “The impugned judgement proceeds on the footing that the appellant is entitled to bail and in fact the impugned order grants bail. If after holding that an accused is entitled to bail, the courts start delaying the order granting bail it may amount to violation of rights guaranteed under Article 21 of the constitution of India,” the Court held.

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History of this topic

Supreme Court Grants Interim Bail 'On Trial Basis' To Ex-Civil Servants In Chhattisgarh Coal Levy Scam Case
3 weeks, 4 days ago

Supreme Court Grants Interim Bail 'On Trial Basis' To Ex-Civil Servants In Chhattisgarh Coal Levy Scam Case

Live Law  

The Supreme Court today granted interim bail to ex-civil servants Saumya Chaurasia, Ranu Sahu and other accused persons in the Chhattisgarh Coal Levy Scam Case. The bench of Justice Surya Kant and Justice NK Singh was hearing the challenge to the order of the Chhattisgarh High Court dated November 4, 2024, which dismissed the bail applications of the petitioners. "The …

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police
1 month ago

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police

Live Law  

The Supreme Court on Friday deprecated the conduct of Chattisgarh police in applying the stringent provisions of the Unlawful Activities Prevention Act against an accused soon after he was granted interim protection from arrest in another case. The Court noted in its order that after service of notice of the present case, the SDPO of the police station suddenly applied …

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
2 months 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 …

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

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months, 1 week ago

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea

Live Law  

The Supreme Court today issued notice on the anticipatory bail plea of ex-IAS probationary officer Puja Khedkar, who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022. However, Senior Advocate Siddharth Luthra pointed out that the Delhi High Court has given very strong findings in the impugned order, indicting Khedkar …

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court
2 months, 1 week ago

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court

Live Law  

In a case arising out of a matrimonial dispute, the Supreme Court recently set aside a bail condition making the husband's anticipatory bail subject to payment of maintenance to the wife. While granting anticipatory bail, the High Court, in view of appellant's willingness to pay maintenance to the complainant-wife, imposed a condition that Rs.4000/- shall be deposited by him in …

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
3 months, 1 week 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 …

Speedy trial takes precedence over anti-terror law provisions: SC
3 months, 1 week 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 …

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
3 months, 4 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
4 months 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 …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
4 months ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent
4 months, 2 weeks ago

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent

Live Law  

After granting similar relief in Arvind Kejriwal's case, the Supreme Court today granted interim bail to one Subhash Prasad Yadav - accused in a money laundering case - for the purpose of contesting Jharkhand Assembly elections. A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in Yadav's challenge to a Patna High Court order. Apparently, Yadav filed …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months 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.

Supreme Court comes to the rescue of man languishing in prison despite bail
6 months, 1 week ago

Supreme Court comes to the rescue of man languishing in prison despite bail

The Hindu  

The Supreme Court set at liberty a man languishing in jail for four months after he got bail from the apex court due to his inability to furnish a local surety on Wednesday. A three-judge Bench headed by Justice Hrishikesh Roy directed the release of Ramchandra Thangappan Aachari, represented by advocates Neha Rathi and Pranav Sachdeva, on bail on his …

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
6 months, 2 weeks ago

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody

Live Law  

Reiterating that the pre-trial process itself shall not become punishment, the Supreme Court yesterday set aside a bail condition imposed by the Patna High Court to the effect that the bail bonds be furnished by the accused after completion of 6 months in custody from the date of the order. "We see no valid reason for the High Court to …

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial
6 months, 2 weeks 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 …

Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales
7 months, 1 week 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 …

SC denies immediate bail to Kejriwal, seeks CBI’s reply
7 months, 2 weeks ago

SC denies immediate bail to Kejriwal, seeks CBI’s reply

Hindustan Times  

New Delhi The Supreme Court on Wednesday denied immediate interim bail to Delhi chief minister Arvind Kejriwal, who is under arrest in connection with the Delhi excise policy case, even as it sought a response from the Central Bureau of Investigation before taking up the matter on August 23. Kejriwal has been in custody since March 21 following his arrest …

SC denies Kejriwal immediate interim bail in excise case, seeks CBI response
7 months, 2 weeks ago

SC denies Kejriwal immediate interim bail in excise case, seeks CBI response

Hindustan Times  

The Supreme Court on Wednesday denied immediate interim bail to Delhi chief minister Arvind Kejriwal, who has been under arrest in connection with the Delhi excise policy case, even as it sought a response from the Central Bureau of Investigation before making any further decisions. In his plea filed two days after the Supreme Court granted bail to former Delhi …

Automatic Cancellation Of Bail Order Without Hearing Accused Is Violative Of Natural Justice Principles, Fundamental Rights: Madhya Pradesh HC
7 months, 2 weeks ago

Automatic Cancellation Of Bail Order Without Hearing Accused Is Violative Of Natural Justice Principles, Fundamental Rights: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court at Jabalpur has addressed the legality of an automatic cancellation clause in bail orders. The Court, while recalling its previous order dated 14.03.2022, stated unequivocally that any condition leading to the automatic cancellation of bail without due process and opportunity of hearing infringes upon the fundamental right to personal liberty. The judgment stated "If there …

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA
7 months, 2 weeks ago

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA

India Today  

In a significant decision, the Supreme Court on Tuesday extended the “bail is the rule, jail is the exception” dictum to special laws like the Unlawful Activities Act. A bench of Justices AS Oka and Augustine George Masih said, “Allegations may be serious, but if courts deny bail in deserving cases, then it violates fundamental rights.” “When the case is …

Ruling on Sisodia calls for judicial reforms in bail process
7 months, 2 weeks 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 …

‘17 months… Manish Sisodia has been deprived of right to speedy trial’: Supreme Court’s strong words in bail order
7 months, 2 weeks ago

‘17 months… Manish Sisodia has been deprived of right to speedy trial’: Supreme Court’s strong words in bail order

Hindustan Times  

The Supreme Court on Friday granted bail to Aam Aadmi Party leader Manish Sisodia in connection with the Delhi Excise Policy case, saying he has been deprived of the right to speedy trial. The Supreme Court allowed the petition after noting that the prolonged delay in trial has violated the right to speedy trial of Manish Sisodia and right to …

‘17 months… Manish Sisodia has been deprived of right to speedy trial’: Supreme Court’s strong words in bail order
7 months, 2 weeks ago

‘17 months… Manish Sisodia has been deprived of right to speedy trial’: Supreme Court’s strong words in bail order

Hindustan Times  

The Supreme Court on Friday granted bail to Aam Aadmi Party leader Manish Sisodia in connection with the Delhi Excise Policy case, saying he has been deprived of the right to speedy trial. The Supreme Court allowed the petition after noting that the prolonged delay in trial has violated the right to speedy trial of Manish Sisodia and right to …

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail
7 months, 3 weeks ago

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail

Hindustan Times  

The Delhi high court on Wednesday asked the Enforcement Directorate if it intended to arrest chief minister Arvind Kejriwal again in the money laundering case registered in connection with the Delhi excise policy. Taking note of the Supreme Court’s July 12 order granting interim bail to the Aam Aadmi Party chief, a bench of justice Neena Bansal Krishna asked ED …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 4 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 …

Supreme Court To Hear Manish Sisodia's Bail Pleas In Liquor Policy Case On August 5
7 months, 4 weeks ago

Supreme Court To Hear Manish Sisodia's Bail Pleas In Liquor Policy Case On August 5

Live Law  

The Supreme Court on Monday posted the petitions filed by former Delhi Deputy Chief Minister Manish Sisodia seeking bail in the liquor policy case to August 5.The bench of Justices BR Gavai and KV Viswanathan adjourned the hearing after Additional Solicitor General SV Raju sought time to file the counter-affidavit on behalf of the Enforcement Directorate. The Supreme Court on …

Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court
8 months ago

Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court

Live Law  

In an important judgment, the Supreme Court on Tuesday held that bail orders should not be normally stayed. Setting aside an order of the Delhi High Court which stayed the bail granted in a money laundering case, the Court stated that bail orders can be stayed only in exceptional circumstances. However, the court, highlighting that the rights guaranteed under Article …

Supreme Court says an order granting bail can be put on hold only in exceptional cases
8 months ago

Supreme Court says an order granting bail can be put on hold only in exceptional cases

India Today  

The Supreme Court on Tuesday, while setting aside the order of the Delhi High Court, which stayed the bail granted in a money laundering case, held that bail orders should not normally be put on hold. Stay should be granted only in exceptional cases.” The bench in its 16-page judgment on a petition filed by Parvinder Singh Khurana, an accused …

If Right To Speedy Trial Is Violated, Constitutional Courts Can Grant Bail Despite Statutory Restrictions : Supreme Court In UAPA Case
8 months, 1 week 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 Questions High Court's Order Deferring Release of Accused by 6 Months Despite Granting Bail
8 months, 2 weeks ago

Supreme Court Questions High Court's Order Deferring Release of Accused by 6 Months Despite Granting Bail

Live Law  

The Supreme Court on Friday raised concerns over a "strange" order by the Patna High Court that granted bail to an accused in a murder case but directed his release only after six months, without providing any reason for this condition. A bench of Justice Abhay Oka and Justice Ujjal Bhyan granted interim bail to the accused, one Jitendra Paswan, …

Stay on bail should only be granted in rare cases: Supreme Court
8 months, 2 weeks 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 …

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
8 months, 2 weeks ago

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court

Live Law  

Recently, the Supreme Court observed that where an order of bail does not furnish reasons behind the decision taken, there is a presumption of the non-application of mind. "Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of this …

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety
8 months, 3 weeks ago

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety

Live Law  

The Supreme Court on Monday expressed disappointment over an 'absurd' condition for bail imposed by the Patna High Court where the bail was granted to an accused on the condition that the victim of the offence should stand as his surety. The vacation bench of Justices JB Pardiwala and Ujjal Bhuyan was hearing a matter where the Patna High Court …

Supreme Court Extends Convicted MLA Udhay Bhan Singh's Interim Bail In 1999 Murder Case; Directs UP Govt To Comply With Orders Of His Premature Release
9 months ago

Supreme Court Extends Convicted MLA Udhay Bhan Singh's Interim Bail In 1999 Murder Case; Directs UP Govt To Comply With Orders Of His Premature Release

Live Law  

Supreme Court today extended the interim bail of BSP Leader and Former MLA Uday Bhan Singh who was convicted in a 1999 murder case. The Court also issued notice to his contempt petition alleging inaction by the State Authorities against the order directing his premature release.The vacation bench of Justices AS Oka and Ahsanuddin Amanullah was hearing a contempt petition …

'Bail Prayers Not To Be Unnecessarily Adjourned' : Supreme Court Urges Delhi HC To Decide Satyendar Jain's Default Bail Plea Soon
9 months ago

'Bail Prayers Not To Be Unnecessarily Adjourned' : Supreme Court Urges Delhi HC To Decide Satyendar Jain's Default Bail Plea Soon

Live Law  

Observing that bail applications are not to be unnecessarily adjourned, the Supreme Court on Tuesday expressed the hope that the Delhi High Court would decide the default bail plea of Aam Aadmi Party leader Satyendar Jain without delay.A Vacation Bench of Justices Manoj Misra and SVN Bhatti was hearing Jain's challenge against the Delhi High Court's order dated May 28. …

Delhi HC puts interim stay on Arvind Kejriwal's bail order
9 months, 1 week ago

Delhi HC puts interim stay on Arvind Kejriwal's bail order

Op India  

On Friday, June 21, the Delhi High Court temporarily suspended the order that granted bail to Delhi Chief Minister Arvind Kejriwal in the money laundering case linked to the liquor policy issue. Justice Sudhir Kumar Jain, presiding over the vacation bench, issued this order while serving notice on the ED’s petition, which contested the trial court’s decision from the previous …

Liquor Policy: Delhi Court Reserves Order On Chief Minister Arvind Kejriwal's Bail Plea
9 months, 1 week ago

Liquor Policy: Delhi Court Reserves Order On Chief Minister Arvind Kejriwal's Bail Plea

Live Law  

A Delhi Court on Thursday reserved order on the bail plea of Chief Minister Arvind Kejriwal in the money laundering case connected to the alleged liquor policy scam.Vacation Judge Niyay Bindu of Rouse Avenue Courts reserved the order after ASG SV Raju appearing for the Enforcement Directorate concluded submissions on behalf of the probe agency.The court also reserved order on. …

Liquor Policy: ED Opposes Arvind Kejriwal's Interim Bail, Delhi Court To Pronounce Order On June 5
9 months, 3 weeks ago

Liquor Policy: ED Opposes Arvind Kejriwal's Interim Bail, Delhi Court To Pronounce Order On June 5

Live Law  

A Delhi Court on Saturday reserved order on the interim bail plea moved by Delhi Chief Minister Arvind Kejriwal in the money laundering case related to the alleged liquor policy scam.Kejriwal has sought interim bail for 7 days on medical grounds.Special judge Kaveri Baweja of Rouse Avenue Courts reserved the verdict and said that the order will be pronounced on …

Excise policy case: Court reserves order on Kejriwal's interim bail plea for June 5
9 months, 4 weeks ago

Excise policy case: Court reserves order on Kejriwal's interim bail plea for June 5

New Indian Express  

NEW DELHI: A court here on Saturday reserved for June 5 its order on an application moved by Chief Minster and AAP supremo Arvind Kejriwal seeking interim bail in a money laundering case linked to the alleged excise policy scam. Special Judge Kaveri Baweja reserved the order, observing that the application was for grant of interim bail on medical grounds …

Hemant Soren’s Bail Plea: SC schedules hearing for interim bail on May 21
10 months, 1 week ago

Hemant Soren’s Bail Plea: SC schedules hearing for interim bail on May 21

The Hindu  

The Supreme Court has decided that on May 21, it will hear a plea by former Jharkhand Chief Minister Hemant Soren for interim bail to campaign in the ongoing Lok Sabha election. Raju, for the Directorate of Enforcement, said that there was no question of granting interim bail for Mr. Soren, who was arrested in January, months before the election …

Voting for relief: On interim bails and elections
10 months, 2 weeks ago

Voting for relief: On interim bails and elections

The Hindu  

In granting interim bail to Delhi Chief Minister Arvind Kejriwal, the Supreme Court of India has reversed a development that upset the level playing field for the ongoing general election. But the arrest of a serving Chief Minister and a key figure in the Opposition, when the election process was already on, sent shock waves among regional parties. In Mr. …

Supreme Court says it may pass interim order on Arvind Kejriwal's bail on May 10
10 months, 2 weeks ago

Supreme Court says it may pass interim order on Arvind Kejriwal's bail on May 10

Hindustan Times  

The Supreme Court on Wednesday said it may pass an order on Delhi chief minister Arvind Kejriwal's bail plea on May 10, Friday. Kejriwal's counsel Abhishek Singhvi submitted that Kejriwal won't sign any official files if released on interim bail provided the Delhi lieutenant governor does not reject decisions just because the files were not signed by him. Arvind Kejriwal …

You can't perform official duties if we give bail: Top court to Arvind Kejriwal
10 months, 3 weeks ago

You can't perform official duties if we give bail: Top court to Arvind Kejriwal

India Today  

The Supreme Court on Tuesday said that if jailed Delhi Chief Minister Arvind Kejriwal is released on interim bail, he won't be allowed to perform official duties as it "may have a cascading effect". During the Supreme Court hearing, the two-judge bench asked senior lawyer Abhishek Manu Singhvi, appearing for the jailed Chief Minister, whether Kejriwal would attend office, sign …

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court
1 year ago

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court

Live Law  

The Supreme Court held that a stricter approach regarding bail will be adopted regarding cases of custodial torture where police officers are involved.“It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution of India to invalidate an order granting bail to an accused. The Supreme Court held that a …

S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna
1 year ago

S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna

Live Law  

Supreme Court judge Justice Sanjiv Khanna on Wednesday orally observed that Section 45 of the Prevention of Money Laundering Act does not bar a Court from granting bail to an accused if there is prolonged incarceration and delay in trial.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if …

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 Deprecates HC Order Granting Anticipatory Bail To Accused For Offering Compensation To Sexual Harassment Victim
1 year, 2 months ago

Supreme Court Deprecates HC Order Granting Anticipatory Bail To Accused For Offering Compensation To Sexual Harassment Victim

Live Law  

The Supreme Court observed that anticipatory bail cannot be granted merely because the accused is willing to pay an interim compensation. Gavai and Sandeep Mehta found the challenged order, granting anticipatory bail to the involved accused, to be against the well-laid down principles of law. 1,00,000/- by way of demand draft drawn in favour of informant as ad interim victim …

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