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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 …

Setting aside a bail granted to a rape accused, the Supreme Court observed that the 'need of custodial trial' is not a relevant aspect while considering a bail application under Section 439 Cr.P.C.The relevant aspects which are required to be kept in mind while considering the bail application are seriousness of the offence alleged; material collected during the. Setting aside …

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused

The Kerala High Court on Monday dismissed the appeals challenging a Special Court's order cancelling the bail granted to 11 accused persons in case of lynching of a tribal youth in February 2018. The Court in the instant case ascertained that the following important questions arose before it for consideration: Firstly, whether the Court of Session, in the exercise of …

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court

The Madhya Pradesh High Court recently reiterated that an accused appearing before the trial court, pursuant to a notice served upon them by the police for filing of charge-sheet, is deemed to be under the custody of the court. The bench comprising of Justice Vishal Dhagat further held that the application under Section 439 CrPC moved by the accused in …

Accused

"Bail Application Under Stringent Law Like UAPA Should Not Be Dismissed Due To Technical Mistakes": Riots Accused Tells Delhi Court

Seeking bail in the Delhi Riots larger conspiracy case, riots accused Gulfisha Fatima has told a Delhi Court that bail application under stringent law like Unlawful Activities Act should not be dismissed merely due to some technical mistakes.Advocate Mehmood Pracha told Additional Sessions Judge Amitabh Rawat that sec. Seeking bail in the Delhi Riots larger conspiracy case, riots accused Gulfisha …

UAPA -What Difference Will It Make If Accused Files Bail Application Under Section 439 or 437? Jamia Alumni President Argues Before Delhi Court

A court cannot obviate its duty to record reasons while deciding on bail as the matter implicates the liberty of accused, interest of the state and the victims in proper administration of criminal justice, the Supreme Court said on Tuesday. The apex court said that consent of parties cannot obviate the duty of high court to indicate its reasons why …

SC-ST (Prevention Of Atrocities) Act Does Not Restrict The Practice Of Accused Surrendering & Getting Interim Bail U/s 439 CrPC: Himachal Pradesh HC [Read Judgment]

The Himachal Pradesh High Court has held that an accused under Scheduled Caste & Scheduled Tribes Act, resorting to Section 439 of Code of Criminal Procedure and surrendering before Sessions Court or High Court and simultaneously obtaining ad-interim bail does not amount to bypassing the restrictions placed in Section 18 and 18-A of the Act.Justice Anoop. The Himachal Pradesh High …

Delhi HC Mandates Presence Of Informant Or Authorized Person While Hearing Bail Application Of Accused In Rape Cases

The Delhi High Court has mandated the presence of the informant or any person authorized by him in the court, at the time of hearing of the bail application of a person accused of rape, with immediate effect.Chief Justice of Delhi High Court, Justice D. N. Patel, made the aforesaid directions on Tuesday in view of the Criminal Law Act, …

No Automatic Entitlement to Regular Bail Merely Because Accused Was Granted Anticipatory Bail: SC [Read Judgment]

The satisfaction of the court for granting protection under Section 438 CrPC is different from the one under Section 439 CrPC while considering regular bail, the Bench said.A three-judge bench of the Supreme Court has observed that merely because an accused was under the protection of anticipatory bail granted under Section 438 CrPC that does not mean that he is …

The first accused who had allegedly committed offences punishable under Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code, was granted bail by the Chief Judicial Magistrate. In the case of a non-bailable offence, the Police Officer or the Court enlarging the accused person on bail can impose conditions which are known as “bail conditions”. …

Accused can directly approach the High Court and Sessions Court for regular Bail, not necessary that accused should apply to the Magistrate first; SC

In a path-breaking Judgment, a two-Judge Bench of the Supreme Court has held that there are no restrictions on the High Court or Sessions Court to entertain an application for bail, provided, accused is in custody. The case arises out of a Special Leave Petition seeking regular bail under Section 439 of the Code of Criminal Procedure, which was declined …