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.
GANAPATI AND OTHERS Vs. THE STATE OF MYSORE-Indian Penal Code, 1860 (IPC) — Sections 147, 148, 307 — Cancelling the bail granted -Once the police had filed a charge sheet in the case, the Magistrate was not at all justified in entertaining any petition filed on behalf of the private complainant and that too acting upon it. behind the back of the accused and cancelling the bail granted to the petitioners-accused.
Gangster Vikas Dubey was granted bail on 28/05/2020 by Allahabad High Court-In the event of arrest the applicant shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions
In Re: Harish K. Madan-13.08.2019-An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 18.7.2019 in connection with Ballygunge P.S case no. 27 of 2019 dated 1.3.2019 under sections 420/406/467/468/471/120B of the IPC - Bail granted
Mahipal Vs Rajesh Kumar @ Polia & Anr-05/12/2019-Cancellation of Bail -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 Court. Where an earlier application for bail has been rejected, there is a higher burden on the appellate court to furnish specific reasons as to why bail should be granted.
Naresh Das vs State of Tripura- Bail Guidelines by Tripura High Court-2015-However, the primary purpose of keeping a person under detention and not granting him bail is not to punish him because punishment can be inflicted only after he is convicted but to ensure that investigation is proper; that the prosecution evidence shall not be tampered with; that the accused shall not try to influence the witnesses; that the trial shall not be unduly delayed and other similar reasons.
P. CHIDAMBARAM Vs. CENTRAL BUREAU OF INVESTIGATION [DHC]-20/08/2019-Anticipatory Bail application cancelled - Section 120B r/w Section 420 of IPC and Section 8 and Section 13 (1)(d) r/w Section 13(2) of the PC Act - Pre-arrest is not meant for high profile economic offenders. Time has come to recommend to the Parliament to suitably amend the Law to restrict the provisions of pre-arrest bail and make it inapplicable to economic offenders of high profile cases like the instant one.
P. CHIDAMBARAM VS DIRECTORATE OF ENFORCEMENT – 5/9/2019- Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information and also the materials which might have been concealed. Success in such interrogation would elude if the accused knows that he is protected by the order of the court. Grant of anticipatory bail, particularly in economic offences would definitely hamper the effective investigation.
P.Chidambaram Vs Directorate of Enforcement – 4/12/2019-The instant appeal is allowed and the judgment dated 15.11.2019 passed by the High Court of Delhi in Bail Application No.2718 of 2019 impugned herein is set aside; The appellant is ordered to be released on bail if he is not required in any other case, subject to executing bail bonds for a sum of Rs.2 lakhs with two sureties of the like sum produced to the satisfaction of the learned Special Judge; The passport ordered to be deposited by this Court in the CBI case shall remain in deposit and the appellant shall not leave the country without specific orders to be passed by the learned Special Judge. The appellant shall make himself available for interrogation in the course of further investigation as and when required by the respondent. The appellant shall not tamper with the evidence or attempt to intimidate or influence the witnesses;
Prosecution fails to explain injuries of accused, this lacuna entitles to bail-Allahabad HC-3/9/2020-It is, therefore, incumbent upon the prosecution to explain the injuries on the person of the accused as well and prima facie this lacuna or infirmity appearing in the prosecution case, entitles the applicants to be enlarged on bail. However, there may be cases where the non-explanation of the injuries by the prosecution may not affect the prosecution case but that would apply to cases where the injuries sustained by the accused are minor and superficial.
Sanjay Chandra Versus CBI[ALL SC 2011 NOVEMBER]-KEYWORDS:-BAIL In deciding BAIL applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial. (2011) 13 SCALE 107 (SUPREME COURT OF […]
SRI DASAIAH AND SMT. RATHNAMMAVs. THE STATE OF KARNATAKA-Indian Penal Code, 1860 (IPC) — Section 302 — Cancellation of bail granted — Petitioners having been unsuccessful in obtaining bail before jurisdictional Sessions Court are before the Court praying for being enlarged on bail — Petitioners shall not leave the jurisdiction of Sessions Court without express permission and they shall appear before Sessions Court on all the dates of hearing — If any such incident is reported prosecution is at liberty to move this Court for cancellation of bail granted
SRI MURUGESH Vs. STATE OF KARNATAKA-Indian Penal Code, 1860 (IPC) — Sections 498A, 302 — Offence punishable under Sections 498(A), 302 of IPC — Petitioner shall not tamper with the witnesses or in any manner interfere with or put obstacle to the investigation — Breach of any one of the above conditions will entitle the prosecution to move this Court for cancellation of the bail granted
Private Sector Participation in Indian Space Sector-About 2,51,000 value-added data products were disseminated to users since April 2020. The value-added products comprise of geophysical & remote sensing data products derived using the data from meteorological, oceanographic and land remote sensing satellites.
Union Govt drafted Electricity (Rights of Consumers) Rules 2020-Union Power Ministry has drafted Rules providing for Rights of Electricity Consumers for the First Time. Electricity Consumers are the most important stakeholders in the power sector. The sector exists because of them. Having provided access to electricity to all citizens, it is now important to focus on consumer satisfaction.
Legisprudence-A New Theoretical Approach to Legislation Luc J.Wintgens(ed)-Legislation, it is said, is a matter of politics, and politics is not rational. Politics is a power game, which results in compromises framed into a legislative or statutory structure. This power game seems to have its own logic and, most of the time, the results outweigh any other form of logic.
Can God and Caesar Coexist, Balancing Religious Freedom and International Law-Robert F. Drinan-The Catholic Church did not always seek religious freedom for every believer. For centuries the Church held to the conviction that governments should be required to discourage and even ban not only non-Christian religions but any version of Christianity that differed from Catholicism. Butin the Second Vatican Council radically altered that doctrine, so that now the Catholic Church strongly states that any governmental coercion of individuals to adhere or not to adhere to any religion is wrong.
Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present-Keith Whittington-A hundred years ago there were serious and lively debates over whether courts should even have the power to strike down acts of elected legislatures. Those debates are largely in the past. Courts now routinely, almost casually, invalidate legislation. But the reaction judicial review now provokes is rather different. Few argue that judges should abandon the power to review and invalidate the deliberate acts of other government officials.