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1 - 7 of 7 (0.21 seconds)The Code of Criminal Procedure, 1973
Mohammed Zubair vs State Of Nct Of Delhi on 20 July, 2022
In Mohammed Zubair v. State of NCT of
Delhi, Writ Pe on (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A
Three-Judge bench of Hon'ble Supreme Court holds that "The bail condi ons imposed
by the Court must not only have a nexus to the purpose that they seek to serve but
must also be propor onal to the purpose of imposing them. The courts while imposing
bail condi ons must balance the liberty of the accused and the necessity of a fair trial.
While doing so, condi ons that would result in the depriva on of rights and liber es
must be eschewed."
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 siJng Member of Parliament facing several criminal cases. It is also
not in dispute that most of the cases ended in acqui@al 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 jurisdic on of the Court etc.
Sanjay Chandra vs Cbi on 23 November, 2011
In Sanjay Chandra v. Central Bureau of Inves ga on, (2012) 1 SCC 40, Supreme
Court holds,
[28] We are conscious of the fact that the accused are charged
with economic offences of huge magnitude. We are also
conscious of the fact that the offences alleged, if proved, may
jeopardize the economy of the country. At the same me, we
cannot lose sight of the fact that the inves ga ng agency has
already completed inves ga on and the charge sheet is already
filed before the Special Judge, CBI, New Delhi. Therefore, their
presence in the custody may not be necessary for further
inves ga on. We are of the view that the appellants are en tled
to the grant of bail pending trial on stringent condi ons in order
to ally the apprehension expressed by CBI.
Section 446 in The Code of Criminal Procedure, 1973 [Entire Act]
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 pe on of the accused with a criminal
history, it throws an onerous responsibility upon the Courts to act
judiciously with reasonableness because arbitrariness is the an thesis
of law. The criminal history must be of cases where the accused was
convicted, including the suspended sentences and all pending First
Informa on Reports, wherein the bail pe oner stands arraigned as
an accused. In reckoning the number of cases as criminal history, the
prosecu ons resul ng in acqui@al or discharge, or when Courts
quashed the FIR; the prosecu on stands withdrawn, or prosecu on
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.
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