Last updates: 01/07/2022
1- Whether A Teacher aged 55 years harassed a student on multiple occasions, booked under POCSO, is eligible for granting Bail-Explain with the provisions of Law.
[Karnataka High Court -N R Sugandaraju v. State of Karnataka, Criminal Petition No. 2917 of 2022, decided on 17-05-2022]
2- A 63-year-old woman aided her 65-year-old husband to commit rape on a minor girl: Can she be granted bail?- Supply your Reason for granting or rejecting a bail petition at the high court level.
[Jammu and Kashmir High Court-Zubeeda v. Union Territory of J&K, Bail App No. 8 of 2022, decided on 21-5-2022]
3-Child in conflict with law cannot be allowed anticipatory bail as the Juvenile Justice (Care and Protection of Children) Act, 2015 does provided for the same -Explain with Reason.
[Uttarakhand High Court- Rashid Rao v. State of Uttarakhand, 2022 SCC OnLine Utt 481, decided on 24-05-2022]
4- A Practicing senior advocate sexually assaulted his lady junior in his chamber-Whether a regular Bail can be granted to him at the District Court level? Supply Your Reason for rejecting the bail application.
[Allahabad High Court-Rajkaran Patel v. State of U.P., Criminal Misc. Bail Application No. 48511 of 2021, dated 26-5-2022]
5- Illustrate the circumstances for cancellation of bail at the District Court level if granted by High Court to a History Sheeter.
[Supreme court – Deepak Yadav vs. State of Uttar Pradesh, dated 20.05.2022]
6- Discusses the law regarding issuing notice under S. 41 A CrPC vis a vis grant of Anticipatory Bail at District Court Level.
[Telangana High Court – A Kaluram v. State of Telangana, dated 19-05-2022]
7- Discuss on the guidelines issued under Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 issuance of notice under Section 41-A CrPC if the offence is punishable up to seven years.
8- The right to apply for bail is an individual right implicit in Articles 14, 19 and 21 of the Constitution- Explain elaborately.
9- An absconder or a Proclaimed Offender in terms of Section 82 CrPC is not entitled to relief of anticipatory bail-Explain with Reason.
10- Explain the Law pertains to post-arrest bail pending trial on the ground of long incarceration.
Supreme court- Ashim @ Asim Kumar Haranath Bhattacharya @ Asim Harinath Bhattacharya @ Aseem Kumar Bhattacharya Vs. National Investigation Agency, dated 01/01/2021]
11- When can a Court cancel the bail of an undertrial accused- Explain the guiding principles with the help of Delhi Admn. V. Sanjay Gandhi, (1978) 2 SCC 411 and Dolat Ram v. State of Haryana, (1995) 1 SCC 349
[Delhi High Court-Charu Soneja v. State (NCT of Delhi), dated 3-1-2022]
12- Explain following Dataram Singh v. State of U.P., (2018) 3 SCC 22 and Prasanta Kumar Sarkar v. Ashis Chaterjee, (2010) 14 SCC 496 that, a fundamental postulate of criminal jurisprudence is the presumption of innocence, and granting of bail is the general rule and putting a person in jail or in a prison or in a correction home is an exception.
13- Gravity of offence ( U/S 302, 201, 376 IPC and 3(2)(v) SC /ST Act) alone is no parameter and Material on record to be properly appreciated before rejecting the application of bail u/s S. 439 CrPC-Elaborate the proposition.
[HP HC-Ritesh v. State of Himachal Pradesh, 2020 SCC dated 27-05-2020 and All HC- Shaguni v. State of U.P., 2019 SCC OnLine All 2409, Dated 4-7-2019 ]
14- Can an accused be permitted to deposit a reasonable cash amount, to the satisfaction of the court concerned, in lieu of executing surety bonds u/s 445 of Criminal Procedure Code, 1973.
[Uttaranchal High Court-David Morrison v. State of Uttrakhand, 2021 SCC OnLine Utt 49, decided on 13-01-2021]
15- Explain the law pertains to default bail.
[Bombay High Court – Sudha Bharadwaj v. National Investigation Agency, dated 01-12-2021]
16- Apex Court does not interfere with the Bail order of High Courts. But, where the discretion to grant bail has been exercised without due application of mind or in contravention of directions of the apex Court, granting bail is liable to be set aside-Explain with Case Laws.
17- What is the constitutional philosophy of personal liberty to be considered while considering a bail application.
18-Informant shall be noticed before considering Bail by HC/Session Judge U/S 376(3), 376-AB, 376-DA, and 376-DB IPC-Explain
19- Anticipatory bail granted depending on conduct and behavior of accused, continue end of trial- Explain the guidelines issued by Apex Court in Susil Aggarwal-2017 case.
“(1) Whether the protection granted to a person under Section 438 Cr.P.C. should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail.
(2) Whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court.”
20- Power under Section 438 CrPC being an extraordinary remedy, has to be exercised sparingly-Explain.
[Supreme Court-P. Chidambaram v. Directorate of Enforcement, (2020) 13 SCC 791]