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.

What are the factors and parameters to be considered while dealing with the anticipatory bail

The Supreme Court has cautioned in the case of Pokar Ram v. State of Rajasthan that since anticipatory bail intrudes the sphere of investigation of crime some very compelling circumstances have to be made out for granting anticipatory bail in serious offences. The Supreme Court has recommended the following factors and parameters to be considered while dealing with the anticipatory… Read More What are the factors and parameters to be considered while dealing with the anticipatory bail

CONSTITUTION OF SPECIAL COURT- COGNISANCE AND BAIL UNDER NDPS ACT 1985

36. Constitution of Special Courts— (1)The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification. (2)A Special Court shall consist of a single Judge who shall… Read More CONSTITUTION OF SPECIAL COURT- COGNISANCE AND BAIL UNDER NDPS ACT 1985

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]

An order for release on bail under proviso (a) to Section 167(2) may appropriately be termed as an order-on-default.

Cr.P.C. S.167(2) Proper Order:  Indeed, it is a release on bail on the default of the prosecution in filing charge-sheet within the prescribed period. The right to bail under Section 167(2) proviso (a) thereto is absolute. It is a legislative command and not court’s discretion. If the investigating agency fails to file charge-sheet before the… Read More An order for release on bail under proviso (a) to Section 167(2) may appropriately be termed as an order-on-default.

Sidhartha Vashisht alias Manu Sharma Versus State (NCT of Delhi)[ALL SC 2008 MAY]

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… Read More Sidhartha Vashisht alias Manu Sharma Versus State (NCT of Delhi)[ALL SC 2008 MAY]

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]

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 … Read More 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… Read More 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… Read More Principles for considering application for the Cancellation of Bail