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
source of great harassment to him and often result
in denial of bail and deprivation of liberty and should not,
therefore, be insisted upon ... source of great harassment to him and often result
in denial of bail and deprivation of liberty and should not,
therefore, be insisted upon
have arrived at a
conclusion.”
(emphasis supplied)
24. For grant or denial of bail, the “nature of crime” has a huge relevancy.
The key consideration ... Sessions Court
26. The importance of assigning reasoning for grant or denial of bail can
never be undermined. There is prima facie need to indicate
supporting the contentions of
the other appellants, said that since the denial of bail
amounts to deprivation of personal liberty, courts
should lean against ... great deal of substance in Mr.
Tarkunde’s submission that since denial of bail
amounts to deprivation of personal liberty, the court
should lean against
bail to the respondent/accused;
can rightfully cancel the bail, without depriving the Respondent
Accused of his legitimate right to seek enlargement on bail ... that the
cancellation of bail by this Court shall amount to denial bail to the
RespondentAccused till conclusion of the trial.
43. This Court
disputed dowry items may not by itself be a ground
for denial of bail if maintenance or other rights of
wife/minor children can otherwise ... disputed dowry items may not itself be a ground for denial of
bail which is the discretion of the court to decide the application
criminal jurisprudence is that the grant of
23:32:05 IST
Reason:
bail is the general rule and putting a person in jail ... society.
3. There is no doubt that the grant or denial of bail is entirely the
discretion of the judge considering a case but even
P. Chidambaram vs Directorate Of Enforcement on 5 September, 2019
Equivalent citations: AIR 2019 SUPREME
Leave granted. Grievance in these appeals is against denial of bail
pending trial/appeal where appellants have been in custody for a long
period ... expedited or bail has to be granted in such
cases[6].
12. Timely delivery of justice is a part of human rights. Denial of
speedy
