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1 - 10 of 16 (0.43 seconds)Section 37 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Code of Criminal Procedure, 1973
Paramjeet Singh Bhatia vs State Of Chhattisgarh 38 Wpc/2290/2017 ... on 24 April, 2019
In Paramjeet Singh v. State of Punjab, CRM-M 50243 of 2021, this court observed,
While considering each bail petition of the accused with a criminal
history, it throws an onerous responsibility upon the Courts to act
judiciously with reasonableness because arbitrariness is the antithesis
of law. The criminal history must be of cases where the accused was
convicted, including the suspended sentences and all pending First
Information Reports, wherein the bail petitioner stands arraigned as
an accused. In reckoning the number of cases as criminal history, the
prosecutions resulting in acquittal or discharge, or when Courts
quashed the FIR; the prosecution stands withdrawn, or prosecution
filed a closure report; cannot be included. Although crime is to be
despised and not the criminal, yet for a recidivist, the contours of a
playing field are marshy, and graver the criminal history, slushier the
puddles.
Section 2 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Prahlad Singh Bhati vs N.C.T., Delhi & Anr on 23 March, 2001
In Prahlad Singh
Bhati v NCT, Delhi, (2001) 4 SCC 280, Supreme Court highlighted one of the factors for
bail to be the public or the State's immense interest and similar other considerations.
Dataram Singh vs The State Of Uttar Pradesh on 6 February, 2018
In
Dataram Singh v State of Uttar Pradesh, (2018) 3 SCC 22, (Para 6), Supreme Court held
that the grant or refusal of bail is entirely within the discretion of the judge hearing the
matter and though that discretion is unfettered, it must be exercised judiciously,
compassionately, and in a humane manner. Also, conditions for the grant of bail ought
not to be so strict as to be incapable of compliance, thereby making the grant of bail
illusory.
Maulana Mohd.Amir Rashadi vs State Of U.P.& Anr on 16 January, 2012
In Maulana Mohd Amir Rashadi v. State of U.P., (2012) 3 SCC 382, Hon'ble
Supreme Court holds,
[10] It is not in dispute and highlighted that the second respondent is
a sitting Member of Parliament facing several criminal cases. It is also
not in dispute that most of the cases ended in acquittal for want of
proper witnesses or pending trial. As observed by the High Court,
merely on the basis of criminal antecedents, the claim of the second
respondent cannot be rejected. In other words, it is the duty of the
Court to find out the role of the accused in the case in which he has
been charged and other circumstances such as possibility of fleeing
away from the jurisdiction of the Court etc.