Application For Default Bail Filed Through E-Filing Valid, Cannot Ignore It For Want Of Physical Copy: Kerala High Court
2 years, 1 month ago

Application For Default Bail Filed Through E-Filing Valid, Cannot Ignore It For Want Of Physical Copy: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that an application for default bail, filed timely through e-filing mode, cannot be ignored by the trial courts for want of production of physical copy of the same. The trial court had taken note of the judgment of the Kerala High Court in State of Kerala v. Muneer to hold that "even if the investigating agency had not filed final report/charge sheet within the period prescribed under Section 167, so long as investigating agency, thereafter, files final report but before remand of the accused and the accused had made his plea to be released on statutory default bail, then the right of the accused to be released on statutory bail would get extinguished." The court noted that other than the two accused, all other accused were released on statutory bail on account of prosecution's failure to file final report within 90 days as contemplated under Section 167 CrPC. "No doubt, in such a case involving the question as to whether the accused filed an application for statutory bail within time, by filing the same in e-filing mode, it has to be held that the accused expressed his preparedness to be released on statutory bail within time and to furnish bail, by filing application for bail through the e-filing mode," the court added.

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History of this topic

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
3 days, 8 hours 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 …

Bombay High Court grants default bail to 2 PFI members
5 months, 1 week ago

Bombay High Court grants default bail to 2 PFI members

The Hindu  

A division bench of judges comprising, Justice Revati Mohite-Dere and Justice Gauri Godse of the Bombay High Court granted a default bail to Momin Moiuddin Gulam Hasan alias Moin Mistri and Asif Aminul Hussain Khan Adhikari who were accused of being the Popular Front of India members. On September 22, 2022, five men: Mazhar Mansoor Khan, Shaikh Sadik Isak Qureshi, …

Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court
9 months ago

Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court

Live Law  

The Kerala High Court stated that the right to be enlarged on bail is an indefeasible part of the right to personal liberty under Article 21 of the Constitution and cannot be denied by imposing stringent or unreasonable conditions. Justice Bechu Kurian Thomas stated that excessive bond amounts cannot be imposed for denying bail since bail bonds only intend to …

'Alarming Delays In Reports From Forensic Science Labs': High Court Forms Panel To Look Into Functioning Of FSL's In Punjab & Haryana
9 months, 2 weeks ago

'Alarming Delays In Reports From Forensic Science Labs': High Court Forms Panel To Look Into Functioning Of FSL's In Punjab & Haryana

Live Law  

The Punjab & Haryana High Court has constituted a three-member committee to look into the functioning of the Forensic Science Laboratories across the States of Haryana and Punjab, specifically focusing on the inordinate delay and lapses that have been repeatedly coming to the notice of this Court during the hearing of multiple cases. Justice Manjari Nehru Kaul said, "The mandate …

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

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

Live Law  

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

Delhi High Court Orders Mandatory E-Filing For Civil & Criminal Cases In District Courts, Digitisation Of Records Of Decided Cases
11 months, 2 weeks ago

Delhi High Court Orders Mandatory E-Filing For Civil & Criminal Cases In District Courts, Digitisation Of Records Of Decided Cases

Live Law  

The Delhi High Court has recently ordered that e-filing of pleadings, documents and interim applications be made mandatory in the civil jurisdictions and criminal complaint cases before all the District Courts in the national capital.Directing that the “Centralised Filing System” for filings related to ongoing and pending cases be implemented in all the District Courts, a division bench. The Delhi …

Madras High Court Makes E-Filing Mandatory For District Courts Dealing With Cheque Bounce Cases
1 year, 5 months ago

Madras High Court Makes E-Filing Mandatory For District Courts Dealing With Cheque Bounce Cases

Live Law  

The Madras High Court has made e-filing mandatory in District Courts dealing with cases arising under S.138 of the Negotiable Instruments Act. "The High Court, Madras, upon approval of the Hon’ble The Chief Justice hereby notifies that the facility of e-filing of cases is made mandatory initially to the Courts dealing with cases arising under S.138 of Negotiable Instruments Act …

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court
1 year, 6 months ago

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court

Live Law  

The Kerala High Court recently held that a person who was granted interim bail after executing the bail bond cannot rely on the interim bail order to submit that the main bail application has become infructuous. The Court held that as a consequence of the main application being dismissed as not pressed, the interim order granting bail to the petitioner …

Bail Bond Cannot Be Cancelled After Transfer Of Case Without Issuing Notice To Accused And Sureties: Kerala High Court
1 year, 7 months ago

Bail Bond Cannot Be Cancelled After Transfer Of Case Without Issuing Notice To Accused And Sureties: Kerala High Court

Live Law  

The Kerala High Court recently held that when a court transfers a case to another court, the transferor court must issue notice to the accused and sureties without which bail bonds cannot be cancelled.A single bench of Justice Bechu Kurian Thomas observed,“When a case is transferred, that too after suo motu advancing it from the next posting date, it is …

No Bail In Attempt To Murder Case On Settlement If Witnesses Support Prosecution Case: Kerala High Court
1 year, 7 months ago

No Bail In Attempt To Murder Case On Settlement If Witnesses Support Prosecution Case: Kerala High Court

Live Law  

The Kerala High Court recently held that mere settlement of an attempt to murder case between the parties by itself could not be a ground for granting bail to an accused. Merely because the injured persons submitted that they have settled the matter, that by itself is not a reason to grant bail to the accused in a crime involving …

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC
1 year, 8 months ago

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC

Live Law  

The Kerala High Court on Tuesday remanded a bail application in a POCSO case for fresh consideration by the trial Court, while exercising its jurisdiction under Section 482 Cr.P.C. The Single Judge Bench of Justice K. Babu directed the Trial Court to consider the entitlement of the petitioner for regular bail before March 30, 2023. When he filed a petition …

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

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

Live Law  

Q.11 The default period applicable for the offence is 60 days. Q.12 Is not the accused entitled to default bail on the expiry of the period under the proviso to Section 167 Cr.P.C even without a written application for bail? In Hussainara Khatoon v. Home Secretary, State of Bihar AIR 1979 SC 1369 – P. N. Bhagwati, D. A. Desai …

[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 …

Mere Registration Of Subsequent Case Against Accused By Itself Cannot Result In Automatic Cancellation Of Bail In Earlier Case: Kerala High Court
1 year, 9 months ago

Mere Registration Of Subsequent Case Against Accused By Itself Cannot Result In Automatic Cancellation Of Bail In Earlier Case: Kerala High Court

Live Law  

The Kerala High Court on Friday held that the bail granted in one crime cannot be cancelled merely because the accused has been subsequently booked in another case.Justice Bechu Kurian Thomas observed that a bail that had once been granted ought not to be cancelled on the mere asking, but that there ought to be cogent and overwhelming circumstances existing …

Is Accused Entitled To Default Bail If Charge Sheet Found Defective & Returned For Curing Defects After Statutory Period? Kerala High Court Answers
1 year, 9 months ago

Is Accused Entitled To Default Bail If Charge Sheet Found Defective & Returned For Curing Defects After Statutory Period? Kerala High Court Answers

Live Law  

The Kerala High Court recently considered whether in cases where final report is filed within the statutory time limit of investigation, accused person’s entitlement for bail under Section 167 CrPC would subsist, if the charge sheet is found defective, and returned for curing the defects after the statutory time limit is over. Arun observed, "when faced with the Public Prosecutor's …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
1 year, 10 months ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII
1 year, 10 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 …

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC
1 year, 10 months ago

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

Live Law  

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.The Court observed that a notice to the victim is mandatory as contemplated under Section 15A …

Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default
1 year, 10 months ago

Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default

Live Law  

The Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court.The bench of Justice Ajay Rastogi and Bela M. Trivedi was disposing a plea challenging the High Court's order which dismissed a anticipatory bail application for non-prosecution.During the last hearing, it had sought a report from the Registrar of the. …

Bail Can't Be Denied By Ignoring Basic Tenets Of Criminal Jurisprudence Merely Because Accused Was Earlier Released On Bail By Incompetent Court: Kerala HC
2 years, 3 months ago

Bail Can't Be Denied By Ignoring Basic Tenets Of Criminal Jurisprudence Merely Because Accused Was Earlier Released On Bail By Incompetent Court: Kerala HC

Live Law  

The Kerala High Court on Wednesday granted bail to a man accused of smothering and electrocuting his wife to death with an observation that merely because he was earlier released on bail by a court of incompetent jurisdiction would not be a reason keep him in custody, ignoring the basic tenets of criminal jurisprudence that an accused is presumed to …

Gujarat High Court Grants Bail To Person Alleged Of Creating Fictitious Entity To Pass Ineligible ITC
2 years, 4 months ago

Gujarat High Court Grants Bail To Person Alleged Of Creating Fictitious Entity To Pass Ineligible ITC

Live Law  

The Gujarat High Court has granted bail to a person alleged to have created a fictitious entity to pass an ineligible Input Tax Credit. The department has found that the applicant engaged in activities of creating fictitious entities to pass ineligible input tax credit. The findings of the investigation revealed that these firms were engaged in the wrongful activity of …

CBI court junks Anil Deshmukh's default bail plea in corruption case
2 years, 5 months ago

CBI court junks Anil Deshmukh's default bail plea in corruption case

India Today  

A special CBI court in Mumbai has rejected the default bail plea of former Maharashtra home minister Anil Deshmukh and his associates, Sanjeev Palande and Kundan Shinde, in a corruption case. They have filed an application for default bail stating that the chargesheet filed by the agency was incomplete and that the investigation was not complete. On Monday, after special …

Subsequent Filing Of Chargesheet Can't Defeat Indefeasible Right Of Accused Who Applied For 'Default Bail': Allahabad High Court
2 years, 5 months ago

Subsequent Filing Of Chargesheet Can't Defeat Indefeasible Right Of Accused Who Applied For 'Default Bail': Allahabad High Court

Live Law  

The Allahabad High Court has observed that an accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed. This assertion came from the bench of Justice Syed Aftab Husain Rizvi who held that an accused has an indefeasible right …

Anticipatory Bail Can Be Denied Solely For The Reason That Party Tried To Mislead Court: Punjab & Haryana High Court
2 years, 6 months ago

Anticipatory Bail Can Be Denied Solely For The Reason That Party Tried To Mislead Court: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently upheld a trial court's order denying anticipatory bail to an accused, solely on the ground that he had tried to mislead the Court by concealing facts regarding dismissal of his earlier plea. The bench comprising Justice Pankaj Jain observed, The bench was dealing with a case where the petitioner was seeking pre-arrest bail …

Unscrupulous Litigants Withdraw Anticipatory Bail Plea To Avoid Dismissal & File Successive Pleas, Waste Judicial Time: Punjab & Haryana HC
2 years, 6 months ago

Unscrupulous Litigants Withdraw Anticipatory Bail Plea To Avoid Dismissal & File Successive Pleas, Waste Judicial Time: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court recently deprecated the practice of filing successive bail applications, without any adequate ground/ change in circumstances.It also voiced concern over the unfortunate trend being adopted by "unscrupulous litigants" in which anticipatory bail is argued and when the Court is about to dismiss the petition, in order to avoid a detailed adverse order, the. The …

Supreme Court Criminal Digest -April 2022
2 years, 7 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

Right To Default Bail Not Extinguished With 'Simultaneous' Filing Of Chargesheet: Madras High Court
3 years ago

Right To Default Bail Not Extinguished With 'Simultaneous' Filing Of Chargesheet: Madras High Court

Live Law  

In a pertinent ruling, the Madurai Bench of Madras High Court has delved deep into the statutory provisions and precedents that determine the four corners of default bail under Section 167 of CrPC and Section 36 of NDPS Act. If the investigating agency files the charge sheet by 10.30 am, on the next day, after the expiry of the period …

Bhima Koregaon Case - Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction : Bombay High Court
3 years ago

Bhima Koregaon Case - Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction : Bombay High Court

Live Law  

In its detailed order granting default bail to Sudha Bharadwaj the Bombay High Court said that Additional Sessions Judge of Pune KD Vadane was not authorized to extend the time for Pune Police to file the charge sheet under the provisions of the UAPA Act on November 26, 2018 and therefore she was entitled for default bail. "In the case …

Indefeasible Right To 'Default Bail' U/S 167 (2) CrPC If Chargesheet Not Filed Within Stipulated Time: Allahabad High Court
3 years, 1 month ago

Indefeasible Right To 'Default Bail' U/S 167 (2) CrPC If Chargesheet Not Filed Within Stipulated Time: Allahabad High Court

Live Law  

The Allahabad High Court has observed that an accused has an indefeasible right to 'default bail' under proviso to section 167 Cr.P.C. Facts in brief Significantly, he filed bail applications before the trial court and before the sessions court indicating that after expiry of 90 days period no charge-sheet had been filed, therefore, it was prayed that the applicant may …

'Arrest & Detention Not To Be Taken As Luxury By Prosecution': Kerala High Court While Granting Pre-Arrest Bail To Four
3 years, 1 month ago

'Arrest & Detention Not To Be Taken As Luxury By Prosecution': Kerala High Court While Granting Pre-Arrest Bail To Four

Live Law  

The Kerala High Court, while granting pre-arrest bail to four men accused of assault, ruled that once the purpose of arrest and interrogation are fulfilled, applicants should not be denied anticipatory bail. Brief Background: The Court was considering anticipatory bail applications moved by four men accused of brutally assaulting the defacto complainant on the ground that he let his dog …

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon
3 years, 3 months ago

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

Live Law  

The Bombay High Court on Wednesday reserved for orders a petition filed by eight accused in the Bhima Koregaon - Elgar Parishad caste violence case challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail. The accused have filed the appeal against the Sessions court's order rejecting the default bail application under Section 167 …

Madras High Court Upholds Default Bail Of Accused Under UAPA, Admonishes State For Lackadaisical Approach
3 years, 5 months ago

Madras High Court Upholds Default Bail Of Accused Under UAPA, Admonishes State For Lackadaisical Approach

Live Law  

The Madras High Court last week upheld the decision of a lower Court, granting default bail to a man accused under the Unlawful Activities Act, 1967 over an allegedly offensive Facebook post. Finally, on May 5, the Special Court granted bail to the Respondent and also dismissed the police custody application filed by the NIA. In the Rambeer Shakeen case, …

'No Malicious Motive To Subvert The Government': Kerala High Court Grants Anticipatory Bail To Aisha Sultana In Sedition Case
3 years, 5 months ago

'No Malicious Motive To Subvert The Government': Kerala High Court Grants Anticipatory Bail To Aisha Sultana In Sedition Case

Live Law  

The Kerala High Court on Friday allowed the anticipatory bail application filed by Aisha Sultana earlier this month. Justice Ashok Menon cited that prima facie, the applicant did not have a malicious motive to subvert the Government established by law by merely using the strong words to express her vehemence in disapproval of the subject under discussion. Administration's Arguments The …

Supreme Court flags delay in listing of bail application for more than a year before Haryana High Court
3 years, 6 months ago

Supreme Court flags delay in listing of bail application for more than a year before Haryana High Court

The Hindu  

A “shocked” Supreme Court found that a bail application had not even been listed for hearing for more than a year before the Punjab and Haryana High Court, that too at a time when judiciary is going the extra distance to hear cases virtually. The top court said it normally did not intervene with the operations of the High Courts, …

Karnataka High Court Grants Default Bail To 115 UAPA Accused In Bengaluru Riots Case
3 years, 6 months ago

Karnataka High Court Grants Default Bail To 115 UAPA Accused In Bengaluru Riots Case

Live Law  

The Karnataka High Court recently granted default bail under section Section 167 of the Criminal Procedure Code to 115 accused in the case regarding violence that took place within the limits of the DJ Halli and KG Halli police station, on August 11, 2020. A bench of Justice S Vishwajith Shetty, while setting aside the order of the special NIA …

'Let Us Join Hands, Let Us Try It': Kerala High Court Judge Urges Advocates To Try E-Filing Rules On Experimental Basis
3 years, 7 months ago

'Let Us Join Hands, Let Us Try It': Kerala High Court Judge Urges Advocates To Try E-Filing Rules On Experimental Basis

Live Law  

Prior to taking up cases listed before him today, Justice AK Jayasankaran Nambiar of the Kerala High Court appealed to the Bar to lay aside their apprehensions regarding the new E-filing Rules and adopt it on an experimental basis. After wide-spread discontent among lawyers against the new rules making e-filing compulsory, the Kerala High Court has allowed the option of …

Kerala High Court Bar Expresses Concerns About E-Filing Rules; KHCAA Resolves To Abstain From E-Filing
3 years, 7 months ago

Kerala High Court Bar Expresses Concerns About E-Filing Rules; KHCAA Resolves To Abstain From E-Filing

Live Law  

Following the Kerala High Court's decision to implement e-filing upon the Court's reopening on Monday, May 17, advocate organisations of the Kerala High Court have raised concerns about the processes set in place. In a letter, Kerala High Court Advocates' Association dated May 12, the Association President Advocate Thomas Abraham has recommended reverting to the email filing system followed in …

Kerala High Court To Operate Virtually From May 17, Guidelines Notified For E-Filing [Read Notifications]
3 years, 7 months ago

Kerala High Court To Operate Virtually From May 17, Guidelines Notified For E-Filing [Read Notifications]

Live Law  

The Kerala High Court will be functioning virtually from May 17 onwards upon resuming work after the summer vacation, with filing also slated to go online. Following the e-filing rules notified last week, the Kerala High Court has issued general instructions to enable e-filing on the web portal https://ecourts.kerala.gov.in/. Advocates, Party-in-persons, Counsel for the State have been directed to file …

Kerala High Court Notifies E-Filing Rules
3 years, 7 months ago

Kerala High Court Notifies E-Filing Rules

Live Law  

The Kerala High Court has notified its Electronic Filing Rules For Courts, 2021 for Courts across the state. Filing to be done on the court website/dedicated court filing portal created The Rules provide that online electronic filing shall be done for the High Court at the High Court website or a portal assigned specifically for electronic filing by the Chief …

Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court
3 years, 7 months ago

Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court

Live Law  

In a bail order, the Kerala High Court on Thursday underscored that the accused cannot get default bail if a chargesheet originally filed within time is re-presented following the period after the defects are cured. A Bench comprising of Justice Ashok Menon observed to the effect while disposing of a bail application filed by one Saharath VP, an accused in …

Default Bail : State Cannot Take Advantage Of Filing One Charge Sheet First And Seeking Time To File Supplementary Charge-sheets To Extend The Time Limit U/S 167(2)
3 years, 9 months ago

Default Bail : State Cannot Take Advantage Of Filing One Charge Sheet First And Seeking Time To File Supplementary Charge-sheets To Extend The Time Limit U/S 167(2)

Live Law  

The Supreme Court observed that the time period for investigation specified under Section 167 of the Code of Criminal Procedure cannot be extended by seeking to file supplementary charge sheet qua UAPA offences.The bench comprising Justices Sanjay Kishan Kaul and R. Subhash Reddy, while granting default bail to Fakhrey Alam, a person accused under Section 18 of the UAPA Act, …

Anticipatory Bail Once Granted Does Not Automatically End With Filing Of Chargesheet, Reiterates Supreme Court
3 years, 9 months ago

Anticipatory Bail Once Granted Does Not Automatically End With Filing Of Chargesheet, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that the anticipatory bail once granted does not automatically end on the filing of the charge­sheet.In this case, the Allahabad High Court, on an application made by the complainant­ held that the anticipatory bail granted to the accused by the Trial Court came to an end with the filing of a charge­sheet, and directed him to …

'When No Minimum Sentence Is Prescribed, Accused is Entitled To Default Bail If Charge-Sheet Not Filed In 60 Days': Delhi High Court Grants Bail To Journalist Rajeev Sharma
4 years ago

'When No Minimum Sentence Is Prescribed, Accused is Entitled To Default Bail If Charge-Sheet Not Filed In 60 Days': Delhi High Court Grants Bail To Journalist Rajeev Sharma

Live Law  

The Delhi High Court has granted bail to journalist Rajeev Sharma, who was arrested for allegedly leaking sensitive information to Chinese intelligence.The court observed that an accused is entitled to default bail if chargesheet is not filed in 60 days, if no minimum sentences is prescribed under the statute for the offences alleged against him.Sharma had earlier moved a petition …

Supreme Court Grants 'One Last Opportunity' To Gujarat Govt. To File Reply In Appeal Against Bail To Accused Of Murder Of A Scheduled Caste Youth
4 years ago

Supreme Court Grants 'One Last Opportunity' To Gujarat Govt. To File Reply In Appeal Against Bail To Accused Of Murder Of A Scheduled Caste Youth

Live Law  

"Learned counsel for the State prays for and is granted one week time, as a last opportunity, to file counter affidavit", ordered the bench of Justices Ashok Bhushan, R. Subhash Reddy and M. R. Shah. The bench listed the matter after a week., Justice Shah asked the counsel appearing for Gujarat government as to why the state has not filed …

Right to default bail for accused suffers amid coronavirus pandemic
4 years, 1 month ago

Right to default bail for accused suffers amid coronavirus pandemic

India Today  

Getting default bail during the Covid-19 pandemic has become an extremely difficult task for lawyers who are representing accused booked for different crime-related cases. A three-judge bench of the Supreme Court comprising of Justices Rohinton Fali Nariman, Navin Sinha and KM Joseph recently held, “The right to default bail is not a mere statutory right under the first proviso to …

Default Bail Cannot Be Denied To Accused Just Because He Filed Application U/S 439 Instead of 167(2) CrPC : Delhi High Court
4 years, 1 month ago

Default Bail Cannot Be Denied To Accused Just Because He Filed Application U/S 439 Instead of 167(2) CrPC : Delhi High Court

Live Law  

In a landmark ruling, the Delhi High Court has granted bail in a case where the accused was prepared to furnish bail and comply with the conditions under Section 167 of the Code of Criminal Procedure but had submitted his application under Section 439 CrPC. The court held that in the instant case, although the accused had submitted his application …

Right To Default Bail Is Enforceable Even If Charge Sheet/Report Seeking Extension Of Time Is Subsequently Filed: SC [Read Judgment]
4 years, 1 month ago

Right To Default Bail Is Enforceable Even If Charge Sheet/Report Seeking Extension Of Time Is Subsequently Filed: SC [Read Judgment]

Live Law  

The Supreme Court has observed that where the accused has already applied for default bail, the Prosecutor cannot defeat the enforcement of his indefeasible right by subsequently filing a final report, additional complaint or report seeking extension of time.The bench comprising Justices Uday Umesh Lalit, Mohan M. Shantanagoudar and Vineet Saran, while allowing an appeal against. The Supreme Court has …

Subsequent Filing Of Chargesheet Does Not Extinguish Indefeasible Right Of Accused Who Applied For 'Default Bail': SC [Read Judgment]
4 years, 2 months ago

Subsequent Filing Of Chargesheet Does Not Extinguish Indefeasible Right Of Accused Who Applied For 'Default Bail': SC [Read Judgment]

Live Law  

The Supreme Court has observed that the accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed.The right to default bail, Justice RF Nariman led bench said, is a fundamental right granted to an accused person to be released …

Not Mandatory To Hear Victim While Considering Rape Accused's Plea For Default Bail: Kerala HC [Read Order]
4 years, 3 months ago

Not Mandatory To Hear Victim While Considering Rape Accused's Plea For Default Bail: Kerala HC [Read Order]

Live Law  

The Kerala High Court has held that provision contained in Section 439 of the Code of Criminal Procedure does not apply to an application for bail under Section 167 CrPC.As per Section 439 CrPC, the presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the …

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