Factors To Be Considered For Cancellation Of Bail And Challenging Bail Order Are Different: SC [Read Judgment]
5 years, 8 months ago

Factors To Be Considered For Cancellation Of Bail And Challenging Bail Order Are Different: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the grounds for consideration of an application seeking cancellation of bail and an application challenging the order of grant of bail are different.In Bharatbhai Bhimabhai Bharwad vs. state of Gujarat, the bench comprising Justice, while setting aside a High Court order, observed: "It is well settled that the consideration applicable for cancellation. The Supreme Court has reiterated that the grounds for consideration of an application seeking cancellation of bail and an application challenging the order of grant of bail are different. In Bharatbhai Bhimabhai Bharwad vs. state of Gujarat, the bench comprising Justice, while setting aside a High Court order, observed: "It is well settled that the consideration applicable for cancellation of bail and consideration for challenging the order of grant of bail on the ground of arbitrary exercise of discretion are different. In the case before the High court, grant of bail was challenged on the ground of arbitrary exercise of discretion ignoring the relevant materials to be considered in the application for bail.

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History of this topic

‘Strike balance in criminal appeals’: SC tells high courts to avoid delays
5 days, 23 hours ago

‘Strike balance in criminal appeals’: SC tells high courts to avoid delays

Hindustan Times  

The Supreme Court has urged high courts across the country to strike a balance between expediting criminal appeals where the accused are in jail and those where they have been released on bail, cautioning that prolonged delays in deciding the latter category of cases raise serious legal and ethical concerns if the accused are to be sent back to jail …

SC/ST Act | "Repeat Appeal" For Bail After Plea Was Dismissed On Merits Not Maintainable Before HC, Accused Can Move Special Court: MP High Court
2 weeks ago

SC/ST Act | "Repeat Appeal" For Bail After Plea Was Dismissed On Merits Not Maintainable Before HC, Accused Can Move Special Court: MP High Court

Live Law  

While answering a reference with respect to the scope of Section 14A of The Scheduled Castes And The Scheduled Tribes Act, the Madhya Pradesh High Court held that a second criminal appeal against the Special Court or the Exclusive Special Court's original order rejecting bail is not maintainable. If such an application is preferred, the same may be considered by …

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
3 weeks, 6 days ago

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences

Live Law  

In a recent case of 'X v. State of Rajasthan,' the Supreme Court observed that courts should refrain from entertaining bail applications in serious offences such as rape, murder, dacoity once the trial has commenced. Relying on an earlier order granting bail to a co-accused as well as noting certain discrepancies in the prosecutrix's statement recorded under Section 164 of …

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court
1 month ago

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court

Live Law  

The Supreme Court held that a Court does not have the power to grant compensation to an accused for wrongful confinement while exercising bail jurisdiction under Section 439 of the Code of Criminal Procedure. Holding so, a bench comprising Justice Sanjay Karol and Justice Manmohan set aside a direction passed by the Allahabad High Court asking the Narcotics Control Bureau …

Courts Should Not Lightly Interfere With Personal Liberty : Supreme Court Sets Aside HC Order Cancelling Bail
1 month, 1 week ago

Courts Should Not Lightly Interfere With Personal Liberty : Supreme Court Sets Aside HC Order Cancelling Bail

Live Law  

The Supreme Court, while setting aside a High Court ruling cancelling bail of an accused under an attempt to murder charge, observed that an individual's liberty is a precious right under the Constitution, and courts should be cautious before interfering with it. Elaborating, the Court said that since there was no evidence showing that the accused's conduct after bail warranted …

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court
1 month, 2 weeks ago

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a bail application solely on the ground that the Apex Court had not permitting the filing of a fresh application.The Court reiterated that the filing of a fresh bail application, after the dismissal of an earlier bail application or the cancellationtion of the bail granted, was a right. The …

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him
2 months, 1 week ago

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him

Live Law  

The Supreme Court recently imposed costs of Rupees Two Lakhs on a petitioner who intended "to take undue advantage of procedural law" after he withdrew his anticipatory bail application twice before the High Court before moving the Apex Court. The bench noted that before the High Court the accused had withdrawn his application on Septem 30, 2024 on seeing the …

Madras High Court: Bail depends on nature of crime, not jail term served
2 months, 2 weeks ago

Madras High Court: Bail depends on nature of crime, not jail term served

New Indian Express  

CHENNAI: The Madras High Court has stated that the period of incarceration does not entitle an undertrial prisoner to get bail and it should instead be decided by taking into account the magnitude of the offence and its impact on the society. A division bench of Justices S M Subramaniam and M Jothiraman made the observation recently while dismissing an …

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

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

Live Law  

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

Top court warns against interfering in bail orders
2 months, 3 weeks ago

Top court warns against interfering in bail orders

Hindustan Times  

New Delhi The Supreme Court has delivered a strong message on judicial consistency, cautioning that it cannot “preach one thing and practice another” when dealing with bail orders. The appeal, filed by the complainant in a cheating case, sought to overturn the high court’s October 2024 decision granting bail to the accused. This observation reflects the apex court’s growing emphasis …

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

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest

Live Law  

The Supreme Court delivered several notable judgments in 2024 on the parameters for bail and powers of arrest. PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme Court Case Title : Arvind Kejriwal v. Directorate of Enforcement | 2024 LiveLaw 463 Coram : Justice Sanjiv Khanna and Justice …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
3 months, 1 week 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 …

No Constitutional Court Can Direct Trial Courts To Write Bail Orders In A Particular Manner : Supreme Court
3 months, 2 weeks ago

No Constitutional Court Can Direct Trial Courts To Write Bail Orders In A Particular Manner : Supreme Court

Live Law  

The Supreme Court has expressed disapproval of the directions issued by the Rajasthan High Court that the Trial Courts should incorporate in a tabular chart the criminal antecedents of the accused while deciding bail applications. The Court observed that High Cours cannot direct the Trial Courts to write bail orders in a particular manner. It was in 2020 that the …

Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
3 months, 2 weeks ago

Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court

Live Law  

A higher court cannot seek an explanation from a judicial officer by a judicial order, stated the Supreme Court, while expugning the adverse remarks made by the Rajasthan High Court against a District & Sessions Judge.The explanation can be sought only on the administrative side, the Supreme Court stated. A higher court cannot seek an explanation from a judicial officer …

High Court Cannot Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
3 months, 2 weeks ago

High Court Cannot Seek Explanation From Judicial Officer By Judicial Order : Supreme Court

Live Law  

A higher court cannot seek an explanation from a judicial officer by a judicial order, stated the Supreme Court, while expugning the adverse remarks made by the Rajasthan High Court against a District & Sessions Judge.The explanation can be sought only on the administrative side, the Supreme Court stated. A higher court cannot seek an explanation from a judicial officer …

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
3 months, 2 weeks ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence
3 months, 3 weeks ago

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence

Live Law  

Citing the high pendency of criminal appeals in the Madhya Pradesh High Court and the unlikelihood of an early hearing of an appeal filed in 2024, the Supreme Court recently suspended the sentence of a convict who was sentenced to five years imprisonment in a cheating case.The convict, convicted for the offences punishable under Sections 407, 420, 468, 471, 34 …

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
3 months, 4 weeks ago

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court

Live Law  

The Supreme Court has observed that in serious offences like murder, rape, dacoity etc., bail applications of the accused should not be ordinarily entertained by the Trial Courts and the High Courts. "Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
4 months, 1 week 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 Courts should not sit on bail pleas: Supreme Court
6 months, 2 weeks ago

High Courts should not sit on bail pleas: Supreme Court

The Hindu  

The Supreme Court on Friday held that a High Court must either relegate bail pleas to the trial court concerned then and there or promptly hear them on merits as the right to personal liberty was at stake. The top court was addressing the argument by the Central Bureau of Investigation that Mr. Kejriwal’s bail application must be sent back …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
7 months, 1 week ago

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order

Live Law  

The Orissa High Court has denied bail to a person, accused of committing economic offences, for misleading the Court with regard to an order passed by the Supreme Court so as to obtain an adjournment and by playing such fraud, to extend the period of liberty. The top Court stayed the order of the High Court and exempted the petitioner …

SC issues notice to CBI, ED on K Kavitha's plea seeking bail in excise policy case
7 months, 3 weeks ago

SC issues notice to CBI, ED on K Kavitha's plea seeking bail in excise policy case

India TV News  

The Supreme Court on Monday issued notice to the Enforcement Directorate and the Central Bureau of Investigation on BRS leader K Kavitha's pleas seeking bail in corruption and money laundering cases linked to the alleged Delhi excise policy scam. The high court had on July 1 dismissed Kavitha's bail pleas in both the cases, saying she was prima facie one …

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

'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren
8 months ago

'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren

Live Law  

The Supreme Court on Monday dismissed Enforcement Directorate's plea challenging the Jharkhand High Court's judgment dated June 28 which granted bail to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam.The bench of Justices BR Gavai and KV Viswanathan opined that the High Court's judgment - which entered a prima facie finding that. …

Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court
8 months, 1 week ago

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

Live Law  

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

Supreme Court says an order granting bail can be put on hold only in exceptional cases
8 months, 1 week ago

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

India Today  

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

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

Stay on bail should only be granted in rare cases: Supreme Court

The Hindu  

The Supreme Court on July 12 said an inclination seen among higher courts to stall bail creates a real and present danger to the rights of personal liberty and due process. The court said it would formally address in a judgment the issue of “casual” orders passed by High Courts staying or suspending bail granted by trial courts. Justice Oka …

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
8 months, 3 weeks ago

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

Live Law  

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

'This is shocking': Supreme Court on Delhi High Court pausing bail order for a year
8 months, 3 weeks ago

'This is shocking': Supreme Court on Delhi High Court pausing bail order for a year

India Today  

Expressing shock over the way the Delhi High Court stayed a regular bail order for a year without specifying any reason, the Supreme Court on Thursday reserved its verdict and questioned the Enforcement Directorate for defending the high court's decision. A bench of Justices AS Oka and Augustine George Masih was hearing a plea by Parvinder Singh Khurana, an accused …

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety
8 months, 4 weeks ago

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

Live Law  

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

Court was prejudiced: Saurabh Bhardwaj on Delhi HC decision to stay bail of Arvind Kejriwal
9 months, 1 week ago

Court was prejudiced: Saurabh Bhardwaj on Delhi HC decision to stay bail of Arvind Kejriwal

Op India  

The Delhi High Court on Tuesday, June 25th, granted the Enforcement Directorate’s request to stay the trial court’s bail ruling for Delhi Chief Minister Arvind Kejriwal in the money laundering case in the liquor policy excise scam. Meanwhile, commenting on the Delhi High Court’s decision to stay the trial court’s order granting bail to CM Arvind Kejriwal in the excise …

Delhi Court granted bail to Arvind Kejriwal without reading ED documents saying it has no time to read them
9 months, 1 week ago

Delhi Court granted bail to Arvind Kejriwal without reading ED documents saying it has no time to read them

Op India  

Delhi Chief Minister Arvind Kejriwal was granted bail by Special Judge Niyay Bindu of Rouse Avenue Courts yesterday evening, the detailed order of which was uploaded today. The Enforcement Directorate moved the High Court against the bail order today, and now it has been revealed that the lower court called ED’s arrest of Kejriwal ‘mala fide’ and granted bail without …

By Judicial Order, High Court Cannot Render Advice : Supreme Court
1 year ago

By Judicial Order, High Court Cannot Render Advice : Supreme Court

Live Law  

While deprecating a High Court order for overlooking the long period of incarceration undergone by the petitioner, the Supreme Court recently reiterated that Courts cannot render "advice" through judicial orders and stayed a direction calling for a periodical report from Trial Court on the progress of trial. "We are of the view that issuing such a direction amounts to interference …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 2 months ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Absence Of The Accused Is Not Sufficient Reason To Revoke Bail
1 year, 2 months ago

Absence Of The Accused Is Not Sufficient Reason To Revoke Bail

Live Law  

The Supreme Court recently observed that the non-appearance of the accused party is no ground for cancellation of bail. Gavai, Sanjay Karol, and Sandeep Mehta was hearing a criminal appeal arising out of the impugned order of the Calcutta High Court cancelling bail. “.we find that merely because the appellant did not appear personally could not have been a ground …

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

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

Live Law  

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

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications
1 year, 2 months ago

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications

Live Law  

The Supreme Court in a recent order directed all the courts to scrupulously follow the directions/guidelines issued by it for the expeditious delivery of judgments and disposal of the bail applications. A bench comprising Justices Bela Trivedi and Satish Chandra Sharma directed that High Courts should scrupulously follow the directions/ guidelines issued by the Supreme Court in various decisions. The …

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts
1 year, 3 months ago

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts

Live Law  

The Supreme Court expressed concern at the High Courts not listing bail applications arising out of the same FIR before the same bench, despite repeated orders. The bench comprising Justices CT Ravikumar and Sanjay Kumar, in its order, stressed the need for listing bail applications pertaining to the same FIR before one single bench in order to avoid conflicting decisions, …

Bail To Accused Shouldn't Be Cancelled Based On Plea That He Is Threatening Informant After Release: Allahabad High Court
1 year, 4 months ago

Bail To Accused Shouldn't Be Cancelled Based On Plea That He Is Threatening Informant After Release: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that the bail granted to an accused should not be cancelled on the basis of an application filed claiming that the accused is continuously threatening the applicant/informant after his/her release on bail. The Court also added it is easy to reject a bail application but it is very difficult to cancel the bail already …

Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court
1 year, 5 months ago

Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court

Live Law  

A Division Bench of the Supreme Court recently, while setting aside the judgment of the Madhya Pradesh High Court, held that Section 362 of the Code of Criminal Procedure, 1973, which prohibits modification of a judgment or final order, will not be applicable in an order for refusal of bail. “An order for refusal of bail, however, inherently carries certain …

'One Can't Apply One Bail Order To All Subsequent Cases' : Supreme Court Refuses Bail In PACL Scam
1 year, 6 months ago

'One Can't Apply One Bail Order To All Subsequent Cases' : Supreme Court Refuses Bail In PACL Scam

Live Law  

The Supreme Court on Tuesday refused to grant bail to Gurmeet Singh and Subrata Bhattacharya, erstwhile directors of PACL, a real estate company embroiled in a scam involving more than 40,000 crores that is said to have duped several investors across the country. The Apex Court said that it would not be possible to grant bail that would apply to …

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order
1 year, 7 months ago

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order

Live Law  

In a recent order, the Supreme Court expressed surprise at an order passed by the Gujarat High Court granting bail to an accused in a murder case on the basis of a 'settlement' between him and the the original complainant. The Court raised questions about the appropriateness of allowing personal settlements in serious criminal cases of such magnitude and the …

'Bail Orders Must Be Backed By Reasons Considering Vital Aspects': Supreme Court Sets Aside 'Casual & Cryptical' HC Order
1 year, 8 months ago

'Bail Orders Must Be Backed By Reasons Considering Vital Aspects': Supreme Court Sets Aside 'Casual & Cryptical' HC Order

Live Law  

The Supreme court recently held that vital aspects of the case must be considered while deciding bail applications. Settting the "cryptic" and "casual" orders passed by the High Court granting bail to the accused, the Supreme Court observed : “While considering an application for grant of bail, a prima-facie conclusion must be supported by reasons and must be arrived at …

Bail Granted U/S 436 CrPC Can Be Cancelled Only By High Court Or Sessions Court U/S 439(2): Orissa High Court
1 year, 8 months ago

Bail Granted U/S 436 CrPC Can Be Cancelled Only By High Court Or Sessions Court U/S 439(2): Orissa High Court

Live Law  

The Orissa High Court has recently held that bail granted under Section 436 of the Code of Criminal Procedure cannot be cancelled by the same Court and that can only be done by the Court of Sessions or High Court under Section 439 of the Code. The Court cited Section 437 of the CrPC where power of the Magistrate to …

Calcutta High Court Upholds Cancellation Of Bail In Murder Case Over Suppression Of Fact Regarding Earlier Rejection
1 year, 11 months ago

Calcutta High Court Upholds Cancellation Of Bail In Murder Case Over Suppression Of Fact Regarding Earlier Rejection

Live Law  

The Calcutta High Court upheld an order of cancellation of bail passed by the Sessions Court on the ground that the accused supressed the fact before the Sessions Court that his earlier bail prayer was turned down by the High Court. The petitioner contended that the High Court considered the bail prayer of the petitioner at the stage prior to …

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence : Supreme Court
1 year, 11 months ago

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence : Supreme Court

Live Law  

The Supreme Court held that an accused cannot claim the benefit of default bail, when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence and when the chargesheet was subsequently filed within the period of extension.The division bench of Justice M. R. Shah and Justice C. T. Ravikumar …

'Bail Can Be Cancelled If Serious Offences Are Subsequently Added To FIR' : Supreme Court Sets Aside Bail In 'Casting Couch' Case
2 years ago

'Bail Can Be Cancelled If Serious Offences Are Subsequently Added To FIR' : Supreme Court Sets Aside Bail In 'Casting Couch' Case

Live Law  

The Supreme Court has reiterated that subsequent addition of more serious offences to the FIR can be a circumstance for a Court to cancel the bail granted by it. "Addition of a serious offence can be a circumstance where a Court can direct that the accused be arrested and committed to custody even though an order of bail was earlier …

‘Can’t Allow Third Party To Challenge Bail Order’: Supreme Court Dismisses Plea Challenging Bail To Videocon Chairman Venugopal Dhoot
2 years ago

‘Can’t Allow Third Party To Challenge Bail Order’: Supreme Court Dismisses Plea Challenging Bail To Videocon Chairman Venugopal Dhoot

Live Law  

While noting that a third party could not be allowed to intervene into somebody's application for bail, the Supreme Court of India refused to entertain Ghanshyam Upadhyay's challenge to Bombay High Court's order granting interim bail to Videocon Group Chairman Venugopal Dhoot. Jha responded by stating that locus standi was foreign to criminal jurisprudence and the issue in the matter …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII
2 years, 1 month 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 …

Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default
2 years, 2 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. …

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