Court should not impose excessive condition for granting bail

Criminal Procedure Code, 1973 (CrPC) – Section 437 – Bail – Conditions for – Excessively onerous condition that accused should pay a huge sum of Rs. 2 lacs at stage of FIR – Accused failed to make the payment of said amount and languishing in jail endlessly – Not proper. Order passed by Metropolitan Magistrate imposing condition that accused should pay a huge sum of Rs. 2 lacs to be set at liberty, not proper. If he had paid it is a different matter. But the fact that he was not able to pay that amount and in default thereof he is to languish in jail for more than 10 months now, is sufficient indication that he was unable to make up the amount. Can he be detained in custody endlessly for his inability to pay the amount in the range of Rs. 2 lacs. If the cheques issued by his surety were dishonoured, the Court could perhaps have taken it as a ground to suggest to the payee of the cheques to resort to his legal remedies provided by law.… Read More Court should not impose excessive condition for granting bail

Under S. 167(2) of Cr.P.C accused person is entitled to be released on bail if investigation is not completed within sixty days.

The Provision is Mandatory. In Natabar Parida v. State of Orissa, AIR 1975 SC 1465, the Court explained the mandatory character of the requirement of the proviso to S. 167(2) that an accused person is entitled to be released on bail if the investigation is not completed within sixty days. The Court said: “But then… Read More Under S. 167(2) of Cr.P.C accused person is entitled to be released on bail if investigation is not completed within sixty days.

Gurbaksh Singh Sibbia Versus The State of Punjab [ALL SC 1980 APRIL]

KEYWORDS:- anticipatory bail- AIR 1980 SC 1632 : (1980) 3 SCR 383 : (1980) 2 SCC 565 : (1980) CriLJ SC 1125 (SUPREME COURT OF INDIA) Gurbaksh Singh Sibbia Appellant Versus The State of Punjab Respondent AND Sarbajit Singh and another Appellant Versus The State of Punjab Respondent (Before : Y. V. Chandrachud, C.J.I., P. N.… Read More Gurbaksh Singh Sibbia Versus The State of Punjab [ALL SC 1980 APRIL]

Barun Chandra Thakur Vs. Central Bureau of Investigation and Others [ SC 2017 DECEMBER]

KEYWORDS:-Anticipatory bail- interim bail granted-murder of a seven years old student- DATE :-DECEMBER 11, 2017- Acts:-  Offences punishable under Sections 302 read with Section 34 IPC, Section 25 of the Arms Act, Section 75 of the JJ Act and Section 12 of POCSO, Act, 2012  And Section 438(2)(i) to (iv) Cr.P.C. Thus, as on date, the CBI… Read More Barun Chandra Thakur Vs. Central Bureau of Investigation and Others [ SC 2017 DECEMBER]

Lt. Col. Prasad Shrikant Purohit Vs. State of Maharashtra[SC 2017][bail granted ]

Keywords:-bail application-investigational rights  of agency An accused has a right to make successive applications for grant of bail, the court entertaining such subsequent bail applications has a duty to consider the reasons and grounds on which the earlier bail applications were rejected. In such cases, the court also has a duty to record the fresh… Read More Lt. Col. Prasad Shrikant Purohit Vs. State of Maharashtra[SC 2017][bail granted ]