Rights (1689). The text of the Eighth
Amendment reads, "Excessive bail shall not be
required ... excessive fines imposed, nor cruel and
unusual punishments inflicted." The English Bill of
Rights drafted a century ago postulates, "That
excessive bail ought
Mary II. It is in this document that the expression "excessive bail ought not to be required ??."first appears in Chapter 2, clause ... Eighth Amendment to the Constitution which expressly states that, "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
amount of the bail in case the
accused fails to appear to answer the charge. This
system of bails operates very harshly against the
poor ... released on
bail. The poor find it difficult to furnish bail even
without sureties because very often the amount of
the bail fixed
Court No.29 In Re: - An application for anticipatory bail under Section 438 of
sourav the Code of Criminal Procedure filed on 15.03.2022 in
(Rejected ... submits that the person was granted bail
because such person was in custody in excess of one year seven
months and that the Court also
tricks on the court or community. Thus, conditions may be hung around bail orders, not to cripple but to protect. Such is the holistic jurisdiction ... excesses and injustice creep subtly into the discretionary curial technique. Bad record and police prediction of criminal prospects to invalidate the bail plea are admissible
proceeding to grant bail in favour of the petitioners. The Sessions
Court, in cancelling and setting aside the bail granted, has proceed
9
only ... granting
such bail, and therefore, even if the Sessions Court was of the opinion
that the Magistrate Court had acted in excess of its jurisdiction
application for bail under Section 439 of the
Code of Criminal Procedure in connection with Nakashipara
Police Station Case No. 173 of 2021 dated ... State
Petitioner seeks bail.
Learned advocate appearing for the petitioner submits
that, the petitioner is in custody in excess of one year. The
police filed
Video Conference)
In Re:- An application for bail under Section 439 of the
Code of Criminal Procedure in connection with Nakashipara
Police Station Case ... renews the prayer for bail.
Learned advocate appearing for the petitioner submits
that, the petitioner is in custody in excess for 515 days. He
highlights
dated 9.11.2009 passed by Additional District & Sessions Judge,
Chandausi, Moradabad granting bail to the applicant in S.T. No. 168/2009,
State Vs. Sonu ... grant of bail.
The condition imposed in the bail order for depositing Rs. 15000/- in cash by
the applicant appears to be excessive and unlawful
High Courts may issue directions to subordinate courts that –
(a) Bail applications be disposed of normally within one week;
(b) Magisterial trials, where accused ... spirit
thereof, if an undertrial has completed period of custody in excess of the
sentence likely to be awarded if conviction is recorded such undertrial
