Search Results Page

Search Results

1 - 5 of 5 (0.21 seconds)
Lijin Simon vs State Of Kerala on 13 February, 2025 cites

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 exception so as to ensure that the accused has the opportunity of securing fair trial.
Supreme Court of India Cites 78 - Cited by 2721 - R Banumathi - Full Document

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 2025:KER:12064 BAIL APPL. NO.1592 OF 2025 6 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: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused."
Supreme Court of India Cites 7 - Cited by 5745 - S Mohan - Full Document

Sushila Aggarwal vs State (Nct Of Delhi) on 29 January, 2020

6. 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 petitioners even while the petitioners are 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].
Supreme Court of India Cites 74 - Cited by 15728 - M R Shah - Full Document
1