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

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

Live Law  

Q.21 “Even though the principles of res judicata are not applicable to bail applications, it would lead to bad precedent if bail applications are filed repeatedly or successively without there being any change of circumstances”. Those are the observations made by the Supreme Court in State of Tamil Nadu v. S.A. Raja AIR 2005 SC 4462 – K. G. Balakrishan, P. P. Naolekar – JJ). The Court has a duty to record what are the fresh grounds which persuade the Court to take a view different from the one taken in the earlier bail applications ; Prasad Shrikant Purohit v. State of Maharashtra 11 SCC 458 = AIR 2017 SC 3986 – R. K. Agrawal, A. M. Sapre - JJ) In non-bailable offences bail is the rule and committal to jail, an exception. In Jayaraj v. State of Kerala – 2009 KLT 653 – Thomas P. Joseph – JJ, it has been held that a subordinate criminal Court cannot entertain a petition for bail after a Superior pourt has declined to grant bail on merits, unless it is for default bail; See also Virupakshappa Gowda v. State of Karnataka 5 SCC 406 = AIR 2017 SC 1685 – Dipak Misra, A. M. Khanwilkar - JJ; Akhilesh Kumar Singh v. State of U. P. AIR 2008 SC 1680 – 3 Judges – K. G. Balakrishan – CJI, R. V. Raveendran, D. K. Jain - JJ ; Ram Govind Upadhyaya v. Sudarshan Singh AIR 2002 SC 1475 – Umesh C. Banerjee, Y. K. Sabharwal - JJ; State of T. N. v. S. A. Raja AIR 2005 SC 4462. NOTE BY VRK: One reason why, unlike in the case of non-bailable offences where the Magistrate can cancel the bail by recourse to Section 437 Cr.P.C., there is no provision in Section 436 Cr.P.C.

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History of this topic

Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader
3 days, 4 hours ago

Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader

Live Law  

The Karnataka High Court on Friday granted interim bail and directed immediate release from custody of BJP Legislator C T Ravi, who was arrested for allegedly using derogatory words against Congress Legislator Laxmi Hebbalkar inside the State Council, at Belagavi. It said “I am of the opinion that prima facie case is made out by the petitioner for his release …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
1 week, 2 days ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024

Live Law  

Supreme Court: Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. Jammu & Kashmir High Court: Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court Case Title: Ajeet Kumar Vs UT Of J&K Citation: 2024 LiveLaw 320 Criticising the growing trend of directly approaching the High Court …

Elgar Parishad case: KKM activist Sagar Gorkhe gets bail for law exam
1 week, 3 days ago

Elgar Parishad case: KKM activist Sagar Gorkhe gets bail for law exam

Hindustan Times  

MUMBAI: A special NIA court on Friday granted temporary bail to Kabir Kala Manch activist Sagar Gorkhe, lodged at Taloja central jail in Navi Mumbai in connection with the Elgar Parishad/ Bhima Koregaon case, to prepare and appear for his first semester law examination scheduled between December 23, 2024 and January 1, 2025. Elgar Parishad case: KKM activist Sagar Gorkhe …

Allu Arjun arrested, released on bail
1 week, 3 days ago

Allu Arjun arrested, released on bail

The Hindu  

In a day of dramatic developments, lead actor of Pushpa-2 Allu Arjun secured interim bail for four weeks from Telangana High Court on Friday within hours of Hyderabad Police arresting and lodging him in prison in a case of culpable homicide not amounting to murder. Justice Juvvadi Sridevi of the High Court, who heard the actor’s bail application moved as …

Partha Chatterjee's Bail : Supreme Court Sets Deadline For His Custody In ED Case As Feb 1, 2025; Expedites Trial
Trending News
1 week, 3 days ago

Partha Chatterjee's Bail : Supreme Court Sets Deadline For His Custody In ED Case As Feb 1, 2025; Expedites Trial

Live Law  

The Supreme Court on Friday directed that former West Bengal Education Minister and MLA Partha Chatterjee can be released on bail on or before February 1, 2025, in the money laundering case arising out of a recruitment scam.The Court directed the trial court to decide on framing of charges before the commencement of winter vacations or before December 31, 2024, …

Partha Chatterjee's Bail : Supreme Court Sets Deadline For His Custody In ED Case As Feb 1, 2025; Expedites Trial
Trending News
1 week, 3 days ago

Partha Chatterjee's Bail : Supreme Court Sets Deadline For His Custody In ED Case As Feb 1, 2025; Expedites Trial

Live Law  

The Supreme Court on Friday directed that former West Bengal Education Minister and MLA Partha Chatterjee can be released on bail on or before February 1, 2025, in the money laundering case arising out of a recruitment scam.The Court directed the trial court to decide on framing of charges before the commencement of winter vacations or before December 31, 2024, …

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
1 week, 3 days ago

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine

India Today  

The Supreme Court said it would revisit the question whether failure to provide the grounds of arrest would lead to bail or release of the accused in all cases. The court's decision came during the hearing of a plea filed by Mihir Shah, the main accused in the high-profile BMW hit-and-run case in Mumbai's Worli. Earlier this month, Mihir Shah …

SC grants bail to two in Waqf Board money laundering case
1 week, 4 days ago

SC grants bail to two in Waqf Board money laundering case

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday in it order granted bail to two men arrested in connection with the Delhi Waqf Board money laundering case. While grating bail to accused -- Zeeshan Haider and Daud Nasir, a two-judge bench of the apex court, led by Justice Abhay S Oka and Justice Augustine George Masih observed that the duo were …

'Men Also Have Right & Dignity': Kerala HC Grants Pre-Arrest Bail To Actor Balachandra Menon In Sexual Assault Case Filed With 17 Yrs Delay
1 week, 5 days ago

'Men Also Have Right & Dignity': Kerala HC Grants Pre-Arrest Bail To Actor Balachandra Menon In Sexual Assault Case Filed With 17 Yrs Delay

Live Law  

The Kerala High Court today granted anticipatory bail to Malayalam actor Balachandra Menon in a sexual assault case filed against him with 17 years delay, after publication of the Justice Hema Committee Report. Based on a statement of a lady, that too after 17 years, this case has been registered…It is true that investigation is going on but everybody must …

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
2 weeks ago

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

Live Law  

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. Seeking release of the petitioner on bail, learned counsel for the petitioner submitted that by virtue of a leave and licence …

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra
2 weeks, 3 days ago

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra

Live Law  

The Calcutta High Court has granted bail to recruitment scam accused Sujay Krishna Bhadra. Bhadra's firm was linked with transfer of proceeds of crime to M/S Leaps & Bounds Pvt Ltd, a company linked with AITC MP Abhishek Banerjee.Justice Suvra Ghosh granted bail and held: The case essentially hinges on the statement of the petitioner and the co-accused and recovery …

Court grants bail to Maharashtra man accused of setting vada pav vendor on fire
3 weeks, 3 days ago

Court grants bail to Maharashtra man accused of setting vada pav vendor on fire

India Today  

The Bombay High Court on Thursday granted bail to a man accused of setting a vada pav seller on fire in Maharashtra's Ulhasnagar in 2017, citing the slow progress of proceedings in the case. The high court bench of Justice Revati Mohite-Dere was hearing the bail plea of Suresh Ahuja, who had been accused of throwing a bucket filled with …

Will Ask PMLA Accused Seeking Bail On Ground Of Delay In Trial To File Undertaking Against Seeking Adjournments: Supreme Court
3 weeks, 4 days ago

Will Ask PMLA Accused Seeking Bail On Ground Of Delay In Trial To File Undertaking Against Seeking Adjournments: Supreme Court

Live Law  

The Supreme Court on Wednesday expressed that it will require persons accused of money laundering to file undertaking that they will not seek adjournments and delay trial before granting bail on the ground that trial is delayed. A bench of Justice Abhay Oka and Justice Augustine George Masih directed Zeeshan Haider, an accused in the Delhi Waqf Board money laundering …

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
1 month ago

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA

Live Law  

The Supreme Court today granted anticipatory bail to Jagannath Temple Priest, Rajkumar Daitapati in relation to PMLA proceedings initiated against him for alleged offence of money laundering. The petitioner, stated to be a generational priest of the Shri Jagannath Temple, Puri, Orrisa has been arrayed in proceedings under S. 3 and 4 of the Prevention for Money Laundering Act 2002. …

SC grants anticipatory bail to actor Siddique in rape case, flags 8-year delay in filing FIR: Posted on Facebook, but..
1 month ago

SC grants anticipatory bail to actor Siddique in rape case, flags 8-year delay in filing FIR: Posted on Facebook, but..

Live Mint  

The Supreme Court has granted anticipatory bail to veteran Malayalam actor Siddique in connection with an alleged rape case dating back to 2016. A bench comprising Justice Bela Trivedi and Satish Chandra Sharma made the interim anticipatory bail, granted on September 30, absolute. Justice Trivedi pointedly questioned the complainant's actions, stating: “You had the courage to post the complaint on …

Supreme Court grants anticipatory bail to Malayalam actor Siddique in rape case
1 month ago

Supreme Court grants anticipatory bail to Malayalam actor Siddique in rape case

Hindustan Times  

Siddique's anticipatory bail: The Supreme Court on Tuesday granted anticipatory bail to Malayalam actor Siddique in a case of alleged sexual assault registered against him in a 2016 incident by an actress. The Supreme Court noted that the complaint in the case was filed in August, eight years after the alleged incident took place in 2016. In its status report, …

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail
1 month, 1 week ago

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail

Live Law  

The Gujarat High Court granted regular bail to Saquib Nisar Shaikh–booked in connection with the 2013 Sabarmati prison break attempt case by allegedly digging a tunnel, noting that the applicant had already been in jail for over a decade with no immediate prospect of completion of trial.The FIR was registered under IPC Sections 224, 120B, 130and Sections 42 and 45 …

Money laundering: Four get bail after 1K days in jail
1 month, 2 weeks ago

Money laundering: Four get bail after 1K days in jail

New Indian Express  

CHENNAI: Four men facing trial in a money-laundering case arising out of an alleged Rs 1,137 crore cheating case were given bail by a CBI court in Chennai as they had faced incarceration for more than 1,000 days. In the October 29 order, principal judge for CBI cases T Malarvalantina cited the provision of Section 479 of BNSS which entitles …

Chief Justice's Statement on PM Modi's Visit to His Residence Sparks Debate
Trending News
1 month, 2 weeks ago

Chief Justice's Statement on PM Modi's Visit to His Residence Sparks Debate

India Today  

Chief Justice of India D Y Chandrachud has stated that there is nothing wrong with the Prime Minister's visit to his residence for Ganesh Puja. He emphasized the importance of a sense of maturity and maturity in the political sphere and stressed the need for a dialogue between the judiciary and the executive. The CJI also addressed the controversy surrounding …

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.

SC grants bail to former Tamil Nadu minister Senthil Balaji in money laundering case
2 months, 3 weeks ago

SC grants bail to former Tamil Nadu minister Senthil Balaji in money laundering case

New Indian Express  

NEW DELHI: India's top court on Thursday granted bail to former Tamil Nadu Minister Senthil Balaji, who was arrested by the Enforcement Directorate last year in connection with a money laundering case. The apex court had earlier concluded a detailed hearing on the arguments presented by Solicitor General Tushar Mehta and Zoheb Hossain, who represented the ED, and Mukul Rohatgi, …

Karnataka High Court grants bail to man who surrendered to police to protect the actual accused in Darshan case
2 months, 4 weeks ago

Karnataka High Court grants bail to man who surrendered to police to protect the actual accused in Darshan case

The Hindu  

The High Court of Karnataka has granted bail to a 27-year-old man who had surrendered to the police, in place of the actual accused, by accepting ₹5 lakh as consideration for owning up the offence in the Renukaswamy murder case; film actor Darshan is a main accused in the case. This is the first instance of bail granted to any …

Karnataka HC reserves order on Prajwal’s bail pleas
3 months ago

Karnataka HC reserves order on Prajwal’s bail pleas

New Indian Express  

BENGALURU: The Karnataka High Court on Thursday reserved order on three bail petitions filed by former Hassan MP Prajwal Revanna, who is facing sexual harassment and rape charges. Prajwal filed the petitions seeking anticipatory bail in two cases and regular bail in the third case. Prajwal approached the high court for bail in the case registered with the Holenarasipura police …

Kerala Actress Sexual Assault: SC Grants Bail To Pulsar Suni Over Delay In Trial
3 months ago

Kerala Actress Sexual Assault: SC Grants Bail To Pulsar Suni Over Delay In Trial

ABP News  

The Supreme Court on Tuesday granted bail to Sunil N S, the main accused in the 2017 actress assault case in Kerala in which actor Dileep is also a co-accused. Pulsar Suni was granted bail by the top court after it noted that the trial proceedings will take a long time to conclude and he has faced long period of …

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
3 months, 1 week 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 …

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, …

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

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

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

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

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

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

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

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

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

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

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

The Hindu  

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

Supreme Court asks Kerala to clarify the number of witnesses left to be examined in the 2017 actor sexual assault case
3 months, 3 weeks ago

Supreme Court asks Kerala to clarify the number of witnesses left to be examined in the 2017 actor sexual assault case

The Hindu  

The Supreme Court on Tuesday asked the State of Kerala to confirm the number of witnesses waiting to be examined in a case of sexual assault of a Malayalam actress inside a moving car in 2017. A Bench headed by Justice A.S. Oka sought the information from the State while hearing a plea for bail by the main accused, Sunil …

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
3 months, 3 weeks ago

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC

New Indian Express  

MUMBAI: The Bombay High Court on Tuesday said when the question of liberty of a citizen is involved, it is necessary that the lower courts take up and decide applications seeking anticipatory bail either finally or at least for grant of interim protection in an expeditious manner. If the lower courts do not decide such matters, then the high court …

SC denies immediate bail to Kejriwal, seeks CBI’s reply
4 months, 1 week 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 …

Excise case: Supreme Court to hear Arvind Kejriwal’s bail application today
4 months, 1 week ago

Excise case: Supreme Court to hear Arvind Kejriwal’s bail application today

Hindustan Times  

The Supreme Court will on Wednesday hear a plea filed by Delhi chief minister Arvind Kejriwal seeking release from jail in connection with the Delhi excise policy case, in which he is under investigation by the Central Bureau of Investigation. Chief minister Arvind Kejriwal A bench of justices Surya Kant and Ujjal Bhuyan will take up Kejriwal’s two petitions, which …

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court
4 months, 1 week ago

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court

Live Law  

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court recently observed that in cases where there has been a delay in trial and the accused has spent a long period in custody, right to bail shall be read into Section 439 CrPC and Section 45 of …

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 …

Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage
4 months, 2 weeks ago

Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage

The Hindu  

The Supreme Court judgment granting bail to former Deputy Chief Minister of Delhi, Manish Sisodia, revived a well-settled but endangered principle that ‘jail and not bail is the exception’, even in economic offence cases. Viswanathan did not mince words while saying that High Courts and trial courts nowadays prefer to “play safe” and deny bail even if the case is …

Manish Sisodia granted bail after 17 months in jail: What SC said while granting relief to AAP leader
4 months, 2 weeks ago

Manish Sisodia granted bail after 17 months in jail: What SC said while granting relief to AAP leader

India TV News  

The Supreme Court on Friday granted bail to Aam Aadmi Party leader Manish Sisodia in corruption and money laundering cases linked to alleged Delhi excise policy scam. It would be travesty of justice to relegate Manish Sisodia to trial court for seeking bail Manish Sisodia is in custody for 17 months and trial has not yet commenced; this deprives his …

Chandigarh: Court allows bail to HC Bar body chief in assault case
4 months, 2 weeks ago

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

Hindustan Times  

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

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail
4 months, 2 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 …

Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail
4 months, 2 weeks ago

Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail

Live Law  

Observing that continued absence of prosecution witnesses is alarming in NDPS cases, especially given the severe drug menace in Punjab region, the Punjab & Haryana High Court has said that "since the trial has been delayed due to the repeated and continuous non-appearance of the prosecution witnesses, the State cannot justifiably oppose the prayer of the petitioner for bail."Previously,... Observing …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
4 months, 3 weeks ago

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

The Quint  

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

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

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

New Indian Express  

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

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

Supreme Court Questions High Court's Order Deferring Release of Accused by 6 Months Despite Granting Bail
5 months, 1 week 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, …

Supreme Court grants interim bail to Arvind Kejriwal but he will still be in jail
5 months, 1 week ago

Supreme Court grants interim bail to Arvind Kejriwal but he will still be in jail

Op India  

On Friday, the Supreme Court granted interim bail to Aam Aadmi Party supremo Arvind Kejriwal in the money laundering case, filed by the Enforcement Directorate in connection to the Delhi liquor policy scam. The apex court noted that the AAP supremo raised certain legal questions in his bail application, which needs to be dealt with by a larger bench. “Given …

SC refuses to entertain bail plea of SP MLA Ramakant Yadav in spurious liquor case
5 months, 4 weeks ago

SC refuses to entertain bail plea of SP MLA Ramakant Yadav in spurious liquor case

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday refused to entertain the bail plea of Samajwadi Party MLA Ramakant Yadav in a spurious liquor case in which nine people died in Azamgarh in 2022.A vacation bench of Justices Abhay S Oka and Rajesh Bindal refused to interfere with the Allahabad high court order denying him bail. Yadav had moved the top …

Must Guard Against Ideological Biases, False Narratives In Terrorism Cases: Kerala HC Grants Bail To 17 PFI Members Accused In RSS Leader's Murder
5 months, 4 weeks ago

Must Guard Against Ideological Biases, False Narratives In Terrorism Cases: Kerala HC Grants Bail To 17 PFI Members Accused In RSS Leader's Murder

Live Law  

The Kerala High Court today held that while considering allegations of terrorism and related offences under the Unlawful Activities Act, 1967, the Courts should not get carried away by confirmation bias that might creep in based on ideological biases and false narratives prevalent in the society. “Over and above the principles gleaned from the precedents referred above, we feel that …

Delhi CM Arvind Kejriwal gets bail relief in ED excise policy case
6 months ago

Delhi CM Arvind Kejriwal gets bail relief in ED excise policy case

Hindustan Times  

A Delhi court on Thursday granted regular bail to chief minister Arvind Kejriwal nearly three months after he was arrested on corruption charges in the excise policy case, in a ruling that buoyed the beleaguered Aam Aadmi Party and potentially set off a new churn in city and national politics. A file picture of Delhi Chief Minister Arvind Kejriwal The …

Voting for relief: On interim bails and elections
7 months, 1 week 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. …

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