06-12-1989-N.D.P.S. Act is a special Act dealing with special class of crimes which is an international menace. Therefore the Legislature in its wisdom has enacted certain special provisions affecting the powers of the Trial Court in matter of granting bail. The cases are tribal by the Special Courts created u/s 36 of the Act. Although… Read More Granting bail under NDPS Act
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.
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
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
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 INDIA) Sanjay Chandra Appellant Versus CBI Respondent (Before : H.L. Dattu and G.S. Singhvi, JJ.) Criminal Appeal No. 2178 of 2011 (Arising out… Read More Sanjay Chandra Versus CBI[ALL SC 2011 NOVEMBER]
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]
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.
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]
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… Read More Dataram Singh Vs. State of Uttar Pradesh & ANR[ SC 2018 February]
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]
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… Read More Unknown vs Dhananjoy Singh @ Motu & Anr [CALCUTTA HC 2015]
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]
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)
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