KEYWORDS:-MURDER- CONVICTION-suspension of sentence pending appeal-BAIL DATE:- 12-05-2008. Initial presumption of innocence in favour of the accused, therefore, is no more available to the applicant. The mere fact that during the period of trial, the accused was on bail and there was no misuse of liberty, does not per se warrant suspension of execution of … Continue reading Sidhartha Vashisht alias Manu Sharma Versus State (NCT of Delhi)[ALL SC 2008 MAY]
Tag: Bail
Dataram Singh Vs. State of Uttar Pradesh & ANR[ SC 2018 February]
KEYWORDS:- Bail Granted- DATE:- February 6, 2018- If an accused is not hiding from the investigating officer or is hiding due to some genuine and expressed fear of being victimised, it would be a factor that a judge would need to consider in an appropriate case. It is also necessary for the judge to consider … Continue reading Dataram Singh Vs. State of Uttar Pradesh & ANR[ SC 2018 February]
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 … Continue reading Barun Chandra Thakur Vs. Central Bureau of Investigation and Others [ SC 2017 DECEMBER]
Unknown vs Dhananjoy Singh @ Motu & Anr [CALCUTTA HC 2015]
KEYWORDS : BAIL- POCSO -CANCELLATION OF BAIL The legal proposition that under the POCSO Act only the Special Court has been singularly vested with all the powers to try an offence under the Act and to entertain and consider application for bail filed by the accused and to deal with any incidental matter thereto including … Continue reading Unknown vs Dhananjoy Singh @ Motu & Anr [CALCUTTA HC 2015]
Hussain and ANR. Vs. Union of India[SC 2017 MARCH]
KEYWORDS:-bail pending trial-speedy trial- DIRECTION ISSUED:- Bail applications be disposed of normally within one week; Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years The High Courts are requested to ensure that bail applications filed before them … Continue reading Hussain and ANR. Vs. Union of India[SC 2017 MARCH]
Nikesh Tarachand Shah Vs. Union of India & ANR.[SC 2017 November]-(Challenging Statute)
KEYWORDS: money-laundering-constitutional validity we declare Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India. All the matters before us in which bail has been denied, because of the presence … Continue reading Nikesh Tarachand Shah Vs. Union of India & ANR.[SC 2017 November]-(Challenging Statute)
Principles for considering application for the Cancellation of Bail
In 'Kamar Singh Meena vs. State of Rajasthan', reported in (2012) 12 SCC 180, it was observed that: "wherein it was observed that while cancelling bail under Section 439(2) of Cr.P.C., the primary considerations which weigh with the Court are whether the accused is likely to tamper with the evidence or interfere or attempt to interfere with … Continue reading Principles for considering application for the Cancellation of Bail
Rohit Tandon Vs. The Enforcement Directorate [SC 2017 NOV]
KEYWORDS: BAIL DENIED-MONEY LAUNDERING The fact that the investigation in the predicate offence instituted in terms of FIR No.205/2016 or that the investigation qua the appellant in the complaint CC No.700/2017 is completed; and that the proceeds of crime is already in possession of the investigating agency and provisional attachment order in relation thereto passed … Continue reading Rohit Tandon Vs. The Enforcement Directorate [SC 2017 NOV]
General Provisions for Granting and rejecting Bail by Criminal Courts in India
Keywords:-Bail- Bond- Sureties-Under Trial prisoners-Discharge from Custody Provisions under special Acts Provisions under Criminal Code Chapter XXXIII - Provisions as to Bail and Bonds 436. In what cases bail to be taken (1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge … Continue reading General Provisions for Granting and rejecting Bail by Criminal Courts in India
Bail guidelines for Defendants in UK
Introduction Police Bail Pre-Charge Post Charge Variation of police imposed bail conditions The Right to Bail Exclusions to the right to bail Exceptions to the right to bail Opposing Bail: Information for prosecutors Victims and Witnesses Opposing Bail: Procedure Conditions of Bail General Types of Condition Credit for period of remand on bail with an … Continue reading Bail guidelines for Defendants in UK
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 … Continue reading Lt. Col. Prasad Shrikant Purohit Vs. State of Maharashtra[SC 2017][bail granted ]
Bail Allowed applying “similarly placed as the other two accused” principle
18-04-2011 Commercial Crime -Customs Act, 1872—Sections 132 and 135—Penal Code, 1860—Sections 120B, 417, 420, 468 and 471. (SUPREME COURT OF INDIA) Sumeet Saluja Appellant Versus State of U.P. tr. cbi Respondent (Before : Altamas kabir and Cyriac Joseph, JJ.) Criminal Appeal No. 953 of 2011 (Arising out of SLP (Crl.) No. 1863 of 2011) : … Continue reading Bail Allowed applying “similarly placed as the other two accused” principle
Rushikesh Tanaji Bhoite Versus State Of Maharashtra & Ors [2012 SC]
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981
Bail Granting Policy
PRINCIPLES FOR GRANTING BAIL A balance is required to be maintained between the personal liberty of the accused and the investigation rights of the agency. It must result in minimum interference with the personal liberty of the accused and the right of the agency to investigate the case[Lt. Col. Prasad Shrikant Purohit versus state of Maharashtra 21.08.2017] More-