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1 - 10 of 19 (0.41 seconds)Kalyan Chandra Sarkar vs Rajesh Ranjan @ Pappu Yadav & Anr on 18 January, 2005
In
Kalyan Chandra Sarkar v Rajesh Ranjan @ Pappu Yadav, 2005 (2) SCC 42, (Para 18) a
three-member Bench of Supreme Court held that the persons accused of non-bailable
offences are entitled to bail if the Court concerned concludes that the prosecution has
failed to establish a prima facie case against him, or despite the existence of a prima
facie case, the Court records reasons for its satisfaction for the need to release such
person on bail, in the given fact situations. The rejection of bail does not preclude filing
a subsequent application. The courts can release on bail, provided the circumstances
then prevailing require, and a change in the fact situation.
State Of Rajasthan, Jaipur vs Balchand @ Baliay on 20 September, 1977
In State of Rajasthan v
Balchand, AIR 1977 SC 2447, (Para 2 & 3), Supreme Court noticeably illustrated that the
basic rule might perhaps be tersely put as bail, not jail, except where there are
circumstances suggestive of fleeing from justice or thwarting the course of justice or
creating other troubles in the shape of repeating offences or intimidating witnesses and
the like by the petitioner who seeks enlargement on bail from the Court. It is true that
the gravity of the offence involved is likely to induce the petitioner to avoid the course
of justice and must weigh when considering the question of jail. So also, the
heinousness of the crime.
Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra ... on 6 December, 1977
In Gudikanti Narasimhulu v Public Prosecutor, (1978) 1 SCC
240, (Para 16), Supreme Court held that the delicate light of the law favors release
unless countered by the negative criteria necessitating that course.
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:INSC:107 [Para 7], (2018) 3 SCC 22, (Para
Sushila Aggarwal vs State (Nct Of Delhi) on 29 January, 2020
In Sushila Aggarwal v. State (NCT
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CRM-M-39098-2023 4
of Delhi) 2020:INSC:106 [Para 92], (2020) 5 SCC 1, Para 92, the Constitutional Bench
held that unusually, subject to the evidence produced, the Courts can impose restrictive
conditions.
Sumit Mehta vs State Of N.C.T. Of Delhi on 13 September, 2013
In Sumit Mehta v. State of N.C.T. of Delhi, (2013)15 SCC 570, Para 11,
Supreme Court holds that while exercising power Under Section 438 of the Code, the
Court is duty-bound to strike a balance between the individual's right to personal
freedom and the right of investigation of the police. While exercising utmost restraint,
the Court can impose conditions countenancing its object as permissible under the law
to ensure an uninterrupted and unhampered investigation.
Madhu Tanwar And Anr vs State Of Punjab on 29 May, 2023
In Madhu Tanwar and Anr. v. State of Punjab, 2023:PHHC:077618 [Para 10,
21], CRM-M-27097-2023, decided on 29-05-2023, this court observed,
[10] The exponential growth in technology and artificial
intelligence has transformed identification techniques
remarkably. Voice, gait, and facial recognition are incredibly
sophisticated and pervasive. Impersonation, as we know it
traditionally, has virtually become impossible. Thus, the remedy
lies that whenever a judge or an officer believes that the
accused might be a flight risk or has a history of fleeing from
justice, then in such cases, appropriate conditions can be
inserted that all the expenditure that shall be incurred to trace
them, shall be recovered from such person, and the State shall
have a lien over their assets to make good the loss.
Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980
In Gurbaksh Singh Sibbia v State of Punjab, 1980 (2) SCC 565, (Para 30), a
Constitutional Bench of Supreme Court held that the bail decision must enter the
cumulative effect of the variety of circumstances justifying the grant or refusal of bail.