Prolonged Incarceration: Bombay High Court Grants Bail To Man Accused Of Being ISIS Recruit
3 years, 4 months ago

Prolonged Incarceration: Bombay High Court Grants Bail To Man Accused Of Being ISIS Recruit

Live Law  

The Bombay High Court on Monday granted bail to a young man from Parbhani District of Maharashtra, accused of taking an oath of allegiance to the banned terror organisation Islamic State and booked under the Unlawful Activities Act. A division bench of Justices SS Shinde and NJ Jamadar granted bail to Iqbal Ahmed Kabir Ahmed on merits and on the ground of prolonged incarceration, holding that it infringes his right to life and personal liberty. The Court said, "… in our considered opinion, the further incarceration of the appellant, in the face of extremely unlikely situation of the trial being completed in near future, would be in the negation of the protection of life and personal liberty under Article 21. So far as the electric switchboard is concerned, the Court held: "The fact that the co-accused has pointed the switch board in the house of the accused, where the material was allegedly soldered, without seizure of any article or material therefrom, prima facie, may not amount to the discovery of a fact which distinctly relates to the said disclosure statement."

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History of this topic

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court
11 hours, 4 minutes ago

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court

Live Law  

The Calcutta High Court has held that bail is an essential element of the criminal justice system as it affords a right to a fair trial to the accused in a criminal case. Justice Shampa Paul made these observations in a plea by a man accused under the POCSO act, against an order cancelling his bail issued by the trial …

Speedy trial takes precedence over anti-terror law provisions: SC
6 days, 7 hours 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 …

Venezuelan man gets bail in Mumbai drug case, court cites trial delay
1 week, 4 days ago

Venezuelan man gets bail in Mumbai drug case, court cites trial delay

India Today  

A Mumbai court has granted bail to a Venezuelan national who was arrested with drugs at Mumbai Airport, ruling that the delay caused by the court or prosecution violates the fundamental right guaranteed under Article 21 of the Constitution of India. Special judge Mahesh Jadhav stated, "From the prima facie appreciation of the material on record, it appears that the …

Bombay High Court grants bail to 14 accused in Mira Road communal violence case
1 week, 6 days ago

Bombay High Court grants bail to 14 accused in Mira Road communal violence case

The Hindu  

The Bombay High Court has granted bail to 14 Muslim men arrested for their alleged involvement in the Mira Road communal violence this January. Noting that their further detention appeared ‘tenuous’, a Single Bench judge, Justice Nijamoodin J. Jamadar observed, “Prima facie, it appears that premeditation or a prior meeting of mind to attack the members of the convoy cannot …

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

UAPA | Supreme Court Refuses To Cancel Bail Of Man Booked Over Alleged ISIS Links, Expunges Madras HC's Remarks
3 weeks, 4 days ago

UAPA | Supreme Court Refuses To Cancel Bail Of Man Booked Over Alleged ISIS Links, Expunges Madras HC's Remarks

Live Law  

The Supreme Court recently refused to cancel the bail granted to one Asif Musthaheen, booked over alleged ISIS links, Al-Qaeda ideology and plans to kill members of Hindu organisations.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order. The Supreme Court recently refused to cancel the bail granted to one Asif Musthaheen, booked over alleged ISIS links, Al-Qaeda …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
4 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 …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
2 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
3 months 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 …

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
3 months ago

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas …

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court
3 months, 2 weeks ago

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court

Hindustan Times  

Justice Krishna Iyer in 1977, while confirming bail in State of Rajasthan v. Balchand @ Balaiay, famously wrote, “The basic rule may perhaps be tersely put as bail, not jail.” Since then, this principle has been reiterated multiple times. In February 2024, the Supreme Court, while rejecting bail in Gurwinder Singh v. State of Punjab, observed that under the UAPA, …

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty
3 months, 3 weeks ago

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty

The Hindu  

The Bombay High Court on Tuesday urged lower courts to be prompt in resolving anticipatory bail applications to safeguard the liberty of citizens. The High Court expressed displeasure over the slow handling of a pre-arrest bail petition by a sessions court in Kalyan in Thane district of Maharashtra. A single Bench of Judge Sandeep V. Marne was hearing an appeal …

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA
4 months, 1 week 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 …

The top court as custodian of liberties
4 months, 1 week ago

The top court as custodian of liberties

The Hindu  

Former Delhi Deputy Chief Minister Manish Sisodia’s enlargement on bail by the Supreme Court of India, after an unconscionably long incarceration, is a welcome vindication of the apex court’s remit as custodian of individual liberties. In an eloquent exposition of its mandate, the Court reiterated that ‘a constitutional court has to lean in favour of constitutionalism and the rule of …

Allahabad HC relief to SP MLA in 2021 criminal case
4 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 …

Ruling on Sisodia calls for judicial reforms in bail process
4 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 …

If Right To Speedy Trial Is Violated, Constitutional Courts Can Grant Bail Despite Statutory Restrictions : Supreme Court In UAPA Case
5 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 Extends Former Maharashtra Minister Nawab Malik's Interim Bail By Two Weeks
5 months, 1 week ago

Supreme Court Extends Former Maharashtra Minister Nawab Malik's Interim Bail By Two Weeks

Live Law  

The Supreme Court today extended the interim bail granted to former Maharashtra minister Nawab Malik last August by two weeks. A bench of Justices Bela M Trivedi and Satish Chandra Sharma was hearing a special leave petition filed by Malik against a July 2023 order of the Bombay High Court declining the Nationalist Congress Party legislator's request for interim bail …

Understanding the Supreme Court’s stance on the right to a speedy trial
5 months, 2 weeks ago

Understanding the Supreme Court’s stance on the right to a speedy trial

Hindustan Times  

While granting bail to an accused recently, the SC lamented the “mockery of justice” by the prosecuting agency i.e., the National Investigation Agency and stated that regardless of the seriousness of the offence, the accused is entitled to bail if the prosecuting agency does not ensure a speedy trial. The SC has, through various judgements, held and reaffirmed that the …

Delayed Trial, Violation Of Article 21 Rights: J&K High Court Grants Bail To Ex-Cop Accused Of Killing Man Falsely Projected As Terrorist
5 months, 2 weeks ago

Delayed Trial, Violation Of Article 21 Rights: J&K High Court Grants Bail To Ex-Cop Accused Of Killing Man Falsely Projected As Terrorist

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to Bansi Lal, a 56-year-old former police officer, who had been in judicial custody for almost 18 years. The order, passed by Justice Atul Sreedharan, highlighted the prolonged delay in the trial, describing it as a clear violation of Article 21 of the Indian Constitution, which guarantees the right …

“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case
5 months, 2 weeks ago

“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case

Live Law  

The Bombay High Court on Thursday granted bail to alleged conman Sukesh Chandra Shekhar, booked in a cheating case lodged against him in May 2015 for duping investors in a Ponzi Scheme. A rough and ready calculation of the total period of incarceration suffered by the applicant, in the context of the present case, leads to the period of about …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
5 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 …

[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court
6 months ago

[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has granted bail to an individual accused of offences under the Narcotic Drugs and Psychotropic Substances Act observing that conditional liberty must override the statutory embargo when prolonged detention is at odds with constitutional rights. In allowing his plea of bail of the ground of prolonged Incarceration Justice Alok Kumar Verma underscored, “The prolonged incarceration, generally …

Bombay HC denies bail to 3 PFI members, says they conspired to transform India into Islamic State
6 months, 1 week ago

Bombay HC denies bail to 3 PFI members, says they conspired to transform India into Islamic State

Op India  

On Wednesday, the Bombay High Court denied bail to three Islamists associated with the banned terrorist organization the Popular Front of India. The court declined the bail saying that the the accused and the banned organization planned to turn India into an Islamic state by 2047. In its ruling, the high court stated that there was evidence on the record …

SC to hear Maharashtra govt.'s plea on June 3 against premature release of gangster Arun Gawli
6 months, 2 weeks ago

SC to hear Maharashtra govt.'s plea on June 3 against premature release of gangster Arun Gawli

The Hindu  

The Supreme Court is scheduled to hear on Monday a plea of the Maharashtra government challenging a Bombay High Court order which paved the way for premature release of gangster-turned-politician Arun Gawli, who is serving life imprisonment in a murder case. A Vacation Bench of Justices Aravind Kumar and Sandeep Mehta will hear the plea of the State government in …

Why was Sharjeel Imam granted ‘statutory bail’ in a 2020 sedition case? | Explained
6 months, 3 weeks ago

Why was Sharjeel Imam granted ‘statutory bail’ in a 2020 sedition case? | Explained

The Hindu  

The Delhi High Court on May 20 granted statutory bail to JNU scholar and student activist Sharjeel Imam in connection with a 2020 communal riots case involving allegations of sedition. Warning judicial officers that they would be taken off work and sent for training if such continued non-compliance is observed, the Court said, “If such orders are being passed by …

Bail plea of double murder accused for exercising conjugal rights rejected
6 months, 3 weeks ago

Bail plea of double murder accused for exercising conjugal rights rejected

Hindustan Times  

MUMBAI: A special court for cases related to the Maharashtra Control of Organised Crime Act recently rejected the bail application of a double murder accused for exercising his conjugal rights. HT Image The court rejected the bail application, noting that Behlim had murdered two people when he was temporarily released while serving a life term for another murder in 2009. …

'Require Active Deterrence': Punjab & Haryana High Court Refuses Pre-Arrest Bail To Man Booked For Stalking, Brandishing Gun At Girl
7 months, 1 week ago

'Require Active Deterrence': Punjab & Haryana High Court Refuses Pre-Arrest Bail To Man Booked For Stalking, Brandishing Gun At Girl

Live Law  

The Punjab and Haryana High Court has refused to grant anticipatory bail to a 34-year-old man accused of stalking and brandishing a gun at a girl, observing that the act "requires active deterrence. "Justice Sumeet Goel observed, "A man who is hounding a young female while brandishing a gun, poses a threat which can become a cause of disquiet and …

Bombay High Court Grants Bail To Murder Accused Who Wasn't Produced Before Trial Court On 70 Previous Dates, Calls It Prosecution's Failure
7 months, 2 weeks ago

Bombay High Court Grants Bail To Murder Accused Who Wasn't Produced Before Trial Court On 70 Previous Dates, Calls It Prosecution's Failure

Live Law  

The Bombay High Court recently granted bail to a murder accused after he was not produced before the trial court on 70 occasions, despite notices from the trial court. Justice SG Mehare of the Aurangabad bench observed that although the charges are serious, the non-production of the accused before the trial court entitled him to bail. The accused was not …

Delhi high court rejects ‘fanciful’ bail plea for Kejriwal by law student
8 months ago

Delhi high court rejects ‘fanciful’ bail plea for Kejriwal by law student

Hindustan Times  

The Delhi high court on Monday dismissed a plea seeking extraordinary interim bail for chief minister Arvind Kejriwal, and imposed a fine of ₹75,000 on the petitioner. On Monday, the high court was hearing the law student’s petition, in which he sought Kejriwal’s release against his personal bond, coupled with an undertaking on the latter’s behalf that he would not …

Justice Ramkumar Reviews India's Latest Criminal Justice Law
9 months, 1 week 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 …

HC seeks Delhi Police's response on Sharjeel Imam's bail plea in sedition case
9 months, 1 week ago

HC seeks Delhi Police's response on Sharjeel Imam's bail plea in sedition case

New Indian Express  

NEW DELHI: The Delhi High Court on Monday sought the response of Delhi Police on a plea moved by activist Sharjeel Imam challenging a trial court order refusing him statutory bail in a case under the anti-terror law UAPA and sedition case. Issuing notice in the plea, a division bench headed by Justice Suresh Kumar Kait posted the matter for …

Karnataka HC dismisses bail plea by ISIS terrorist
9 months, 3 weeks ago

Karnataka HC dismisses bail plea by ISIS terrorist

Op India  

The Karnataka High Court while denying bail to an ISIS terrorist has said that Article 21 cannot be stretched too long to afford protection to persons who have least concern for rule of law and pose threat to sovereignty and integrity of the nation. The HC said this while dismissing an appeal filed by ISIS terrorist Mazin Abdul Rahman who …

Delhi court rejects bail plea of Sharjeel Imam in sedition case
10 months ago

Delhi court rejects bail plea of Sharjeel Imam in sedition case

Hindustan Times  

New Delhi: A Delhi court on Saturday denied statutory bail to Sharjeel Imam in a sedition case filed against him for allegedly giving inflammatory speeches at various places in Delhi, including at Delhi’s Jamia area and Aligarh Muslim University, during the anti-CAA protests in 2019-2020. Sharjeel Imam was arrested in January 2020 Imam had moved the court under section 436A …

Delhi court denies bail to activist Sharjeel Imam in sedition case
10 months, 1 week ago

Delhi court denies bail to activist Sharjeel Imam in sedition case

India Today  

A Delhi court dismissed the bail plea of activist Sharjeel Imam on Saturday in a sedition and Unlawful Activities Prevention Act case. However, Additional Sessions Judge Sameer Bajpai rejected the bail plea, saying that the present case was “different” from other cases because of the nature of allegations against Sharjeel and his “disruptive activities which finally resulted in the riots". …

Decide on Sharjeel’s bail by Feb 17: Delhi HC to trial court
10 months, 3 weeks ago

Decide on Sharjeel’s bail by Feb 17: Delhi HC to trial court

New Indian Express  

NEW DELHI: The Delhi High Court on Tuesday directed a trial court in the city to decide by February 17 an application moved by student activist Sharjeel Imam seeking statutory bail in a sedition case against him in relation to the 2020 northeast Delhi riots. During the hearing before a bench of Justice Suresh Kumar Kait and Justice Manoj Jain, …

Decide by next month Sharjeel Imam’s bail plea, Delhi High Court tells trial court
10 months, 3 weeks ago

Decide by next month Sharjeel Imam’s bail plea, Delhi High Court tells trial court

The Hindu  

: The Delhi High Court on Tuesday ordered a trial court here to decide by next month a plea by student activist Sharjeel Imam seeking bail in connection with a 2020 communal riots case involving allegations of sedition and unlawful activities. Mr. Imam has sought bail on the grounds that he has been in custody for the past four years …

Religious Conversion 'Racket'| Allahabad HC Grants Bail To Islamic Scholar Accused Of Waging War Against Govt Of India
11 months, 3 weeks ago

Religious Conversion 'Racket'| Allahabad HC Grants Bail To Islamic Scholar Accused Of Waging War Against Govt Of India

Live Law  

The Allahabad High Court last week granted bail to Islamic scholar Mufti Qazi Jahangir Alam Qasmi who was arrested in June 2021 by the Anti-Terrorist Squad of Uttar Pradesh Police on the charges of conspiring to run a mass religious conversion racket in the State and assisted in religious conversion of over 1000 people across the state.A bench of Justice …

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
1 year, 2 months ago

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation

Live Law  

The Calcutta High Court has refused to grant bail to the petitioners, accused of gang-rape by the victim who alleged that she was attacked at the birthday party of one of the accused. Earlier, a division-bench of Justice Joymalya Bagchi and Justice Gaurang Kanth had taken serious exception to the police’s actions in harassing the victim, and the petitioner’s attempts …

Pending trial, accused cannot be incarcerated for indefinite period as it violates fundamental rights: Bombay High Court
1 year, 2 months ago

Pending trial, accused cannot be incarcerated for indefinite period as it violates fundamental rights: Bombay High Court

The Hindu  

A person cannot be incarcerated for an indefinite period of time pending trial as it is violative of the fundamental rights enshrined in the Constitution of India, the Bombay High Court said while granting bail to a man, accused in a double murder case. The court in its order said a balancing act has to be struck between the gravity …

The primacy of liberty
1 year, 5 months ago

The primacy of liberty

Hindustan Times  

If the criminal justice system forms the skeletal frame of any democratic society and its functioning, then the fundamental right to liberty of every individual must be considered its spine because it is this logic that recognises the full personhood of an individual and limits the powers of the otherwise formidable State. A bench of justices Surya Kant and Dipankar …

Nawab Malik Withdraws Plea Alleging Delay In Bail Hearing, Supreme Court Grants Him Liberty to Challenge Bombay HC’s Decision To Deny Interim Bail
1 year, 5 months ago

Nawab Malik Withdraws Plea Alleging Delay In Bail Hearing, Supreme Court Grants Him Liberty to Challenge Bombay HC’s Decision To Deny Interim Bail

Live Law  

The Supreme Court on Friday dismissed as withdrawn, a petition filed by former Maharashtra minister Nawab Malik, who has been in jail since February 23, 2022 following his arrest by the Directorate of Enforcement in a money laundering case. A bench of Justices Sanjiv Khanna and Bela M Trivedi was hearing a special leave petition filed by Malik against May …

Threat to safety of civil society can’t be ignored in deciding bail plea of accused in terrorist activities: HC
1 year, 6 months ago

Threat to safety of civil society can’t be ignored in deciding bail plea of accused in terrorist activities: HC

The Hindu  

What the court has to bear in mind is not only the rights and liberties of the accused but also the threat to safety of civil society when deciding the bail pleas of persons accused of terrorist activities, said the High Court of Karnataka. A Division Bench comprising Justice Krishna S. Dixit and Justice Pradeep Sing Yerur made these observations …

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases
1 year, 7 months ago

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases

Live Law  

The Punjab & Haryana High Court has issued a notice to government of Punjab and Haryana on a petition seeking formulation of Standard Operating Procedures for regulating the total period of custody undergone by a person detained in multiple cases. The petitioner argues that reading the custody period of all cases jointly would amount to violation of the right to …

Bombay High Court grants bail to 19-year-old accused in rape case
1 year, 7 months ago

Bombay High Court grants bail to 19-year-old accused in rape case

India Today  

The Bombay High Court has granted bail to a 19-year-old accused in a gang rape case, stating that the detention will turn him into a hardened criminal. Detention of the applicant in custody will turn him into a hardened criminal," the high court said while granting bail to the accused who has been behind bars since 2021. READ | Bombay …

Bombay HC grants interim bail to 20-year-old student accused of raping schoolmate
1 year, 8 months ago

Bombay HC grants interim bail to 20-year-old student accused of raping schoolmate

India Today  

Considering that age of an accused in the Protection Of Children from Sexual Offences Act, the Bombay high court granted interim bail to a 20-year-old student who was charged with raping his schoolmate. The bench of Justice Anuja Prabhudessai went through the FIR and noted "prima facie reveals that the accused and the victim were studying in the same school …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I
1 year, 9 months ago

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

Live Law  

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh - JJ; Union of India v. Thamisharasi 4 SCC 190 = 1995 KC 1189 - J. S. Verma, Sujata V. Manohar – JJ; Uday Mohanlal Acharya v. State …

Manipur High Court Grant Bail To Man Accused Of Murdering Two Women, Unborn Child; Says Prolonged Detention Of Under-Trials Violation Of Article 21
1 year, 10 months ago

Manipur High Court Grant Bail To Man Accused Of Murdering Two Women, Unborn Child; Says Prolonged Detention Of Under-Trials Violation Of Article 21

Live Law  

The Manipur High Court has granted bail to a person alleged to have committed murder of two women and an unborn child in 2017. "Though so far 10-11 prosecution side witnesses were examined, still the prosecution has to examine 12-13 more witnesses which will take long years and the prosecution is not co-operating with the trial Court for speedy disposal …

Excessive Conditions Cannot Be Imposed While Granting Bail/Suspension Of Sentence : Supreme Court
1 year, 11 months ago

Excessive Conditions Cannot Be Imposed While Granting Bail/Suspension Of Sentence : Supreme Court

Live Law  

The Supreme Court reiterated that excessive conditions cannot be imposed while granting bail/suspension of sentence.The conditions of bail cannot be so onerous that their existence itself tantamounts to refusal of bail, the bench of Justices Krishna Murari and V. Ramasubramanian observed while setting aside conditions imposed by Rajasthan High Court for suspension of sentence in a. The conditions of bail …

Accused in Sultanpuri hit-and-drag case gets bail
1 year, 11 months ago

Accused in Sultanpuri hit-and-drag case gets bail

Hindustan Times  

A Delhi court on Tuesday granted bail to Ashutosh Bhardwaj, one of the suspects arrested for the Sultanpuri accident case, observing that the allegations against him — harbouring other suspects and wiping evidence — came forth only after the alleged crime took place. produced by the investigating agency to show any prior meeting of minds of accused/ applicant Ashutosh with …

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