Category: Bail Granted

(CrPC) – Section 438 – Anticipatory bail – Delay in lodging of FIR – Many a time, delay may not be fatal to the criminal proceedings. However, it always depends upon the facts and circumstances of each case – However, at the same time, a long delay like 29 years as in the present case can certainly be a valid consideration for grant of anticipatory bail.

SUPREME COURT OF INDIA FULL BENCH SUMEDH SINGH SAINI — Appellant Vs. STATE OF PUNJAB AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

Basic rule of criminal justice system is “bail, not jail”- Right to life and personal liberty- HELD the High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power.

SUPREME COURT OF INDIA DIVISION BENCH ARNAB MANORANJAN GOSWAMI — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and Indira Banerjee,…

DEFAULT BAIL – the magistrate ought to inform the accused of the availability of the indefeasible right u/S 167(2) CrPC once it accrues, without any delay.HELD Irrespective of the seriousness of the offence and the reliability of the evidence available, filing additional complaints merely to circumvent the application for default bail is an improper strategy.

  SUPREME COURT OF INDIA FULL BENCH  M. RAVINDRAN — Appellant Vs. THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE — Respondent ( Before : Uday Umesh Lalit, Mohan M. Shantanagoudar…

Penal Code, 1860 (IPC) – Sections 406, 409, 420, 465, 468, 471 and 120B – Prevention of Corruption Act, 1988 – Section 13(1)(d) – Arbitration and Conciliation Act, 1996 – Sections 9 and 17 – Bail application – Arguments of threat to national security cannot accept this contention blind fold- In any case, the prosecution is not remedy less, if a person enlarged on bail, indulges in certain activities – BAIL GRANTED

  SUPREME COURT OF INDIA FULL BENCH JINOFER KAWASJI BHUJWALA — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Ashok Bhushan, M.R. Shah and V. Ramasubramanian, JJ. )…