reasons for denying
the bail. It would mean that ordinarily the bail is to be allowed to a
juvenile. The denial being exceptional on certain ... bail plea filed in this court may be
entertained as a proceeding of first instance seeking bail under section
7
(2011) 14 SCC 770
BAIL
complied with by the accused. Such condition will amount to denial of bail. In this case, the learned Sessions Judge after going through the facts ... first condition imposed by the learned Sessions Judge amounts to denial of bail which is contrary to the order allowing the bail application
liberal approach while considering bail applications. Bail not jail is the guiding principle of the law of bails.
II. The defence of an accused ... accused.
21. The first principle of bail jurisprudence, namely grant of bail is the rule, while denial is an exception was reiterated and the importance
liberal approach while considering bail applications. Bail not jail is the guiding principle of the law of bails.
II. The defence of an accused ... accused.
21. The first principle of bail jurisprudence, namely grant of bail is the rule, while denial is an exception was reiterated and the importance
Apex Court held that
7
gravity of offence alone cannot justify denial of bail if the accused
satisfies the triple test.
PARITY WITH CO-ACCUSED ... pales against Sanjay Chandra v. CBI (2012) 1
SCC 40 mandate: bail denial cannot stem from imagined risks where
evidence integrity remains unassailable. Minimal tampering
Saxena (supra) "If similarly circumstanced co-accused are released on
bail, denial to petitioner would violate Article 14... parity is not mere
discretion ... grant of bail, and there exists no legal or
factual impediment in enlarging him on bail.
VIII. Criminal Antecedents -- Not Decisive For Denial Of Bail
juvenile in
conflict with law is a rule and denial of bail is an exception and
bail can be denied to juvenile-appellant only ... bail order within seven days of the bail order,
such child shall be produced before the Board for modification
of the conditions of bail
bail adjudication. Thus, reliance upon
dismissal of earlier petitions to oppose bail is legally impermissible.
XV. Large Majority of Accused Already Enlarged on Bail ... intermediaries, officials and beneficiaries of
alleged illegal transactions are already on bail. Denial of bail to the
present applicant, alleged to have played a lesser
facts
and circumstances of each particular case; (c) Since the
denial of bail amounts to deprivation of personal liberty;
Courts should lean against the imposition ... distinguished.
14. Since denial of bail amounts to deprivation of
personal liberty, the Court should lean against the
imposition of unnecessary restrictions on the scope
have to satisfy the twin conditions, which in
practice would mean denial of bail. For all these reasons,
according to learned senior counsel, Section ... stated:
“Where the granting of bail lies within
the discretion of the court, the granting
or denial is regulated, to a large extent
