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Documents citing Emperor vs H.L. Hutchinson on 23 April, 1931

Mohammad Afsar @ Jhinna vs State Of U.P. on 24 January, 2020

In Emperor v. H.L. Hutchinson [AIR 1931 All 356, 358 : 1931 Cri LJ 1271] it was said that it was very unwise to make an attempt to lay down any particular rules which will bind the High Court, having regard to the fact that the legislature itself left the discretion of the court unfettered. According to the High Court, the variety of cases that may arise from time to time cannot be safely classified and it is dangerous to make an attempt to classify the cases and to say that in particular classes a bail may be granted but not in other classes. It was observed that the principle to be deduced from the various sections in the Code of Criminal Procedure was that grant of bail is the rule and refusal is the exception. An accused person who enjoys freedom in a much better position to look after his case and to properly defent himself than if he were in custody. As a presumably innocent person he is therefore entitled to freedom and every opportunity to look after his own case. A presumably innocent person must have his freedom to enable him to establish his innocence.
Allahabad High Court Cites 21 - Cited by 0 - Full Document

Mulayam & Another vs State Of U.P. on 29 May, 2020

In Emperor v. H.L. Hutchinson [AIR 1931 All 356, 358 : 1931 Cri LJ 1271] it was said that it was very unwise to make an attempt to lay down any particular rules which will bind the High Court, having regard to the fact that the legislature itself left the discretion of the court unfettered. According to the High Court, the variety of cases that may arise from time to time cannot be safely classified and it is dangerous to make an attempt to classify the cases and to say that in particular classes a bail may be granted but not in other classes. It was observed that the principle to be deduced from the various sections in the Code of Criminal Procedure was that grant of bail is the rule and refusal is the exception. An accused person who enjoys freedom in a much better position to look after his case and to properly defent himself than if he were in custody. As a presumably innocent person he is therefore entitled to freedom and every opportunity to look after his own case. A presumably innocent person must have his freedom to enable him to establish his innocence.
Allahabad High Court Cites 23 - Cited by 0 - Full Document

Asha vs State Of U.P. on 14 October, 2025

100. The invocation of Hutchinson (supra) by the Supreme Court in Gurbaksh Singh Sibia (supra) best encapsulated the judicial ethos of the golden period in the dialoguing traditions of Constitutional Courts. It was an era when the comity of Constitutional Courts flourished to serve justice through their scholarly dialogues which were defined by mutual respect and untrammelled discourse leavened by refined speech. To read the authorities from times when the vision of Constitutional Courts soared to meet the aspirations of the Constitution framers is elevating; and what elevates is bound to revive hallowed traditions of the past and reinvigorate the excellence in the present.
Allahabad High Court Cites 72 - Cited by 0 - A Bhanot - Full Document

Sunil Singh Alias Sunil Kumar Singh vs State Of Uttarakhand on 7 March, 2018

In Emperor v. Hutchinson [AIR 1931 All 356, 358 : 32 Cri LJ 1271] it was said that it was very unwise to make an attempt to lay down any particular rules which will bind the High Court, having regard to the fact that the legislature itself left the discretion of the court unfettered. According to the High Court, the variety of cases that may arise from time to time cannot be safely classified and it is dangerous to make an attempt to classify the cases and to say that in particular classes a bail may be granted but not in other classes. It was observed that the principle to be deduced from the various sections in the Criminal Procedure Code was that grant of bail is the rule and refusal is the exception. An accused person who enjoys freedom is in a much better position to look after his case and to properly defend himself than if he were in custody. As a presumably innocent person he is therefore entitled to freedom and every opportunity to look after his own case. A presumably innocent person must have his freedom to enable him to establish his innocence.
Uttarakhand High Court Cites 28 - Cited by 0 - V K Bist - Full Document

Chunney Khan @ Firoz @ Firoz Alam vs The State Of U.P. on 29 May, 2020

In Emperor v. H.L. Hutchinson [AIR 1931 All 356, 358 : 1931 Cri LJ 1271] it was said that it was very unwise to make an attempt to lay down any particular rules which will bind the High Court, having regard to the fact that the legislature itself left the discretion of the court unfettered. According to the High Court, the variety of cases that may arise from time to time cannot be safely classified and it is dangerous to make an attempt to classify the cases and to say that in particular classes a bail may be granted but not in other classes. It was observed that the principle to be deduced from the various sections in the Code of Criminal Procedure was that grant of bail is the rule and refusal is the exception. An accused person who enjoys freedom in a much better position to look after his case and to properly defent himself than if he were in custody. As a presumably innocent person he is therefore entitled to freedom and every opportunity to look after his own case. A presumably innocent person must have his freedom to enable him to establish his innocence.
Allahabad High Court Cites 23 - Cited by 4 - Full Document

Charan Singh Yadav vs The State Of Madhya Pradesh on 2 December, 2019

Reference was also made to Emperor v. Hutchinson [1931 SCC OnLine All 14] wherein it was observed that grant of 6 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 47657/2019 (Charan Singh Yadav Vs. State of M.P.) bail is the rule and refusal is the exception. The provision for bail is therefore age-old and the liberal interpretation to the provision for bail is almost a century old, going back to colonial days.
Madhya Pradesh High Court Cites 14 - Cited by 4 - R K Shrivastava - Full Document
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