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1 - 10 of 10 (0.22 seconds)Section 3 in Banning of Unregulated Deposit Schemes Act, 2019 [Entire Act]
Section 5 in Banning of Unregulated Deposit Schemes Act, 2019 [Entire Act]
Banning of Unregulated Deposit Schemes Act, 2019
P. Chidambaram vs Directorate Of Enforcement on 5 September, 2019
8. Moreover, it is a well accepted principle
that the bail is the rule and the jail is the exception. The
Hon'ble Supreme Court in Chidambaram. P v
Directorate of Enforcement [2019 (16) SCALE 870],
after considering all the earlier judgments, observed that,
the basic jurisprudence relating to bail remains the same
inasmuch as the grant of bail is the rule and refusal is the
2025:KER:29602
B.A.Nos. 4672 of 2025 and Connected Cases
163
exception so as to ensure that the accused has the
opportunity of securing fair trial.
Siddharth vs The State Of Uttar Pradesh on 16 August, 2021
9. Recently the Apex Court in Siddharth v
State of Uttar Pradesh and Another [2021(5)KHC
353] considered the point in detail. The relevant
paragraph of the above judgment is extracted hereunder.
Joginder Kumar vs State Of U.P on 25 April, 1994
"12. We may note that personal liberty is an
important aspect of our constitutional mandate. The
occasion to arrest an accused during investigation
arises when custodial investigation becomes
necessary or it is a heinous crime or where there is a
possibility of influencing the witnesses or accused
may abscond. Merely because an arrest can be made
because it is lawful does not mandate that arrest
must be made. A distinction must be made between
the existence of the power to arrest and the
justification for exercise of it. (Joginder Kumar v. State
of UP and Others (1994 KHC 189: (1994) 4 SCC 260:
Manish Sisodia vs Central Bureau Of Investigation on 30 October, 2023
Considering the dictum laid down in the above
decisions and considering the facts and circumstances of
these cases, these Bail Applications are allowed with the
following conditions:
Sushila Aggarwal vs State (Nct Of Delhi) on 29 January, 2020
7. Needless to mention, it would be well
within the powers of the investigating officer
to investigate the matter and, if necessary, to
effect recoveries on the information, if any,
given by the petitioner even while the
petitioner is on bail as laid down by the
Hon'ble Supreme Court in Sushila Aggarwal
v. State (NCT of Delhi) and another [2020
(1) KHC 663].
Ansar Abdul Azeez vs State Of Kerala on 2 September, 2022
6. The observations and findings in this
order is only for the purpose of deciding this
bail application. The principle laid down by
this Court in Anzar Azeez v. State of
Kerala [2025 SCC OnLine KER 1260] is
applicable in this case also.
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