Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Detention Order

Monday, January 23, 2012
Detention Order

Detention Order — Mere apprehension that detenu is likely to be released on bail by the normal criminal Courts in the near future, held, is not a ground to pass detention order against him — National Security Act, 1980, Section 3(4).

Friday, May 13, 2011
Detention Order

Detention Order — Even if a bail application of the petitioner relating to the same case was pending in a criminal case the detention order can still be challenged on various grounds.

Detention Order

Detention Order — Person already in custody — No bail application pending — Held, if no bail application is pending then there is no likelihood of the person in custody being released on bail, and hence detention order under the preventive detention law will be illegal — However, there can be an exception to this rule, that is, where a co-accused whose case stands on the same footing had been granted bail — In such cases, the detaining authority can reasonably conclude that there is likelihood of the detenu being released on bail even though no bail application of his is pending, since most courts normally grant bail on this ground — However, details of such alleged similar cases must be given, otherwise the bald statement of the authority cannot be believed.

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