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
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
does
not oust the ability of the constitutional
courts to grant bail on grounds of
violation of Part III of the Constitution.
Indeed, both ... UAPA being used as the sole
metric for denial of bail or for
wholesale breach of constitutional
right to speedy trial."
(emphasis added
does
not oust the ability of the constitutional
courts to grant bail on grounds of
violation of Part III of the Constitution.
Indeed, both ... UAPA being used as the sole
metric for denial of bail or for
wholesale breach of constitutional
right to speedy trial."
(emphasis added
does
not oust the ability of the constitutional
courts to grant bail on grounds of
violation of Part III of the Constitution.
Indeed, both ... UAPA being used as the sole
metric for denial of bail or for
wholesale breach of constitutional
right to speedy trial."
(emphasis added
cannot be used to perpetuate custody. Repeated arrests
amount to indirect denial of bail.
XX. BENEFIT OF PROVISO TO SECTION 45 - WOMAN ACCUSED ... Respondent has emphasized seriousness of offence. Gravity
alone cannot justify denial of bail. The Supreme Court in Sanjay
Chandra
does
not oust the ability of the constitutional
courts to grant bail on grounds of
violation of Part III of the Constitution.
Indeed, both ... UAPA being used as the sole
metric for denial of bail or for
wholesale breach of constitutional
right to speedy trial."
(emphasis added
incapable of sustaining even a whisper of suspicion. To predicate denial of
bail on such spectral evidence would flout statutory mandates and
constitutional safeguards under ... ground to deny bail. Thus, the
applicant satisfies all the parameters governing grant of bail.
XII. Mere apprehension cannot justify denial of bail
ADHERANCE TO PRINCIPLE:- BAIL IS RULE:
11. Depriving the petitioner of the concession
of bail shall negate the principle that 'bail is
a rule ... bail petitioner in facts of
in the instant case.
of
MANDATE OF LAW GRANTING BAIL ON
PROLONGED INCARCERATION AND DENIAL
OF SPEEDY TRIAL
