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)
User Name :
Password :
New Subscriber
Forgot Password
 

Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Bail

Tuesday, December 13, 2011
Bail

Bail — Object — Held, the object of bail is neither punitive nor preventative — Deprivation of liberty must be considered a punishment, unless it can be required to ensure that an accused person will stand his trial when called upon — The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty.

 
Bail

Bail — One must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any Court to refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an un-convicted person for the purpose of giving him a taste of imprisonment as a lesson.

 
Bail

Bail — Held, bail is the rule and committal to jail an exception.

 
Bail

Bail — Refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution — Constitution of India, 1950, Article 21.

 
Bail

Bail — When there is a delay in the trial, bail should be granted to the accused.

 
Bail

Bail — The primary purposes of bail in a criminal case are to relieve the accused of imprisonment, to relieve the State of the burden of keeping him, pending the trial, and at the same time, to keep the accused constructively in the custody of the Court, whether before or after conviction, to assure that he will submit to the jurisdiction of the Court and be in attendance thereon whenever his presence is required.

 
Bail

Bail — Accused, in the present case, are charged with economic offences of huge magnitude — Offences alleged, if proved, may jeopardize the economy of the country — Investigating agency has already completed investigation and the charge sheet is already filed before the Court — Held, the presence of appellants-accused in the custody may not be necessary for further investigation — Appellants are entitled to the grant of bail pending trial on stringent conditions in order to ally the apprehension expressed by CBI.

 
Bail

Bail — Delay in trial — Statement of the witnesses runs to several hundred pages and the documents on which reliance is placed by the prosecution, is voluminous — The trial may take considerable time and the appellants, who are in jail, have to remain in jail longer than the period of detention, had they been convicted — Held, it is not in the interest of justice that accused should be in jail for an indefinite period — There is no good reason to detain the accused in custody, that too, after the completion of the investigation and filing of the charge-sheet. 

 
Bail

Bail — Right to bail is not to be denied merely because of the sentiments of the community against the accused.

 
Bail

Bail — Seriousness of the charge is, no doubt, one of the relevant considerations while considering bail applications but that is not the only test or the factor : The other factor that also requires to be taken note of is the punishment that could be imposed after trial and conviction.

 
Tuesday, October 18, 2011
Bail

Bail — Once a person is arrested and is in judicial custody the prayer for Bail will have to be considered on merits — Prayer for Bail cannot be automatically granted on establishing that there was procedural breach irrespective of, the merits of matter — The appellant, in the present case, has not claimed bail on merits — Therefore, even if assuming that procedure mentioned in Section 160 was not followed, the prayer of bail cannot be granted at this stage — Criminal Procedure Code, 1973, Section 160.

 
Bail

Bail — Bail has to be only on consideration of merits, except default bail which is under Section 167(2) — Criminal Procedure Code, 1973, Section 167(2).

 
Bail

Bail — Considerations for grant of bail at the stage of investigation and after the charge sheet is filed are different. 

 
Thursday, June 16, 2011
Bail

Bail — Factors to be borne in mind while considering an application for bail, held, are: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail — Further held, if the High Court does not advert to these relevant considerations and mechanically grants bail, the said order would suffer from the vice of non-application of mind, rendering it to be illegal — Criminal Procedure Code, 1973, Section 439.

 
Bail

Bail — In Kalyan Chandra Sarkar Vs. Rajesh Ranjan @ Pappu Yadav & Anr. (2004) 7 SCC 528 the Supreme has held that in cases where earlier bail applications have been rejected there is a further onus on the court to consider the subsequent application for grant of bail by noticing the grounds on which earlier bail applications have been rejected and after such consideration if the court is of the opinion that bail has to be granted then the said court will have to give specific reasons why in spite of such earlier rejection the subsequent application for bail should be granted.

 
Sunday, December 12, 2010
Bail

Bail — The gravity of charge and exact role of the accused must be properly comprehended — Before arrest, the arresting officer must record the valid reasons which have led to the arrest of the accused in the case diary — In exceptional cases the reasons could be recorded immediately after the arrest, so that while dealing with the bail application, the remarks and observations of the arresting officer can also be properly evaluated by the court.

 
Bail

Bail — The complaint filed against the accused needs to be thoroughly examined including the aspect whether the complainant has filed false or frivolous complaint on earlier occasion — The court should also examine the fact whether there is any family dispute between the accused and the complainant and the complainant must be clearly told that if the complaint is found to be false or frivolous, then strict action will be taken against him in accordance with law — If the connivance between the complainant and the investigating officer is established then action be taken against the investigating officer in accordance with law.

 
Bail

Bail — The court which grants the bail also has the power to cancel it — The discretion of grant or cancellation of bail can be exercised either at the instance of the accused, the public prosecutor or the complainant on finding new material or circumstances at any point of time.

 
Bail

Bail — The law of bails dovetails two conflicting interests namely, on the one hand, the requirements of shielding the society from the hazards of those committing crimes and potentiality of repeating the same crime while on bail and on the other hand absolute adherence of the fundamental principle of criminal jurisprudence regarding presumption of innocence of an accused until he is found guilty and the sanctity of individual liberty.

 
Bail

Bail — The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society.

 
Thursday, August 13, 2009
Bail

Bail — Rejection of bail in a non-bailable case at the initial stage and the cancellation of bail had to be considered or dealt with on different basis — Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail already granted.

 
Wednesday, March 11, 2009
Bail

Bail — While dealing with an application for bail, there is a need to indicate in the order, reasons for prima facie concluding why bail was being granted particularly where an accused was charged of having committed a serious offence — It is necessary for the courts dealing with application for bail to consider among other circumstances, the following factors also before granting bail, they are :

 1. The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence;

 2. Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant; 

 3.  Prima facie satisfaction of the Court in support of the charge. 

Any order de hors such reasons suffers from non-application of mind.  

 
Bail

Bail — Though a conclusive finding in regard to the points urged by the parties is not expected of the Court considering the bail application, yet giving reasons is different from discussing merits or demerits — At the stage of granting bail a detailed examination of evidence and elaborate documentation of the merits of the case has not to be undertaken — But that does not mean that while granting bail some reasons for prima facie concluding why bail was being granted is not required to be indicated.                

 
Wednesday, November 12, 2008
Bail

Bail — While dealing with an application for bail, there is a need to indicate in the order, reasons for prima facie concluding why bail was being granted particularly where an accused was charged of having committed a serious offence — It is necessary for the courts dealing with application for bail to consider among other circumstances, the following factors also before granting bail, they are :

 1. The nature of accusation and the severity of punishment in case of  conviction and the nature of supporting evidence;

 2. Reasonable apprehension of tampering of the witness or  apprehension of threat to the complainant;

 3. Prima facie satisfaction of the Court in support of the charge.

Any order de hors such reasons suffers from non-application of mind.                  

 
Bail

Bail — Though a conclusive finding in regard to the points urged by the parties is not expected of the Court considering the bail application, yet giving reasons is different from discussing merits or demerits — At the stage of granting bail a detailed examination of evidence and elaborate documentation of the merits of the case has not to be undertaken — But that does not mean that while granting bail some reasons for prima facie concluding why bail was being granted is not required to be indicated.                

 
Friday, June 15, 2007
Bail

Bail — Even if no condition is specifically stipulated, the accused, while on bail, is not supposed to tamper with evidence.

 
Bail

Bail — Cancellation of — Held, cancellation of bail should not be done in a routine manner — Where it appears to the superior Court that the Court granting bail acted on irrelevant materials or there was non-application of mind or where Court does not take note of any statutory bar to grant of bail, order for cancellation of bail can be made — These circumstances are illustrative and not exhaustive — The Court considering the application for cancellation of bail has to take note of all relevant aspects.

 
Friday, November 24, 2006
Bail

Bail — Though detailed examination of the evidence and elaborate documentation of the merits of the case is to be avoided by the Court while passing orders on bail applications, yet a court dealing with the bail application should be satisfied as to whether there is a prima facie case.

 
Bail

Bail — The court dealing with the application for bail is required to exercise its discretion in a judicious manner and not as a matter of course. 

 
Bail

Bail — There is a need to indicate in the order, reasons for prima facie concluding why bail is being granted particularly where an accused is charged of having committed a serious offence — It is necessary for the courts dealing with application for bail to consider among other circumstances, the following factors also before granting bail, they are :

 1. The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence;

 2. Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;

 3. Prima facie satisfaction of the Court in support of the charge.

Any order dehors of such reasons suffers from non-application of mind.

 
Act Topic
Rule Citation
Keyword
 
Free Text Search
 
Follow us on :
(Best view with 1024x768 Resolution)
© All rights including Copyrights and rights of translations etc, reserved and vested exclusively with Deepak Publications. No part of this publication may be reproduced or transmitted in any form or by any means, electronics, mechanical, photocopying, recording or otherwise, or stored in any retrival system of any nature without the written permission of the copyright owner.

By using this site, you (and any entity on whose behalf your are acting) are consenting to be bound by Terms & Conditions, Privacy Policy & Disclaimer Clause.