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1 - 8 of 8 (0.27 seconds)Dataram Singh vs The State Of Uttar Pradesh on 6 February, 2018
"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 and in a humane manner and compassionately. Also condition for the grant of bail ought not to be so strict as to be incapable of compliance, there by making the grant of bail illusory."[para 6 of Dataram (supra)].
Sanjay Chandra vs Cbi on 23 November, 2011
5. Issue in regard of grant or refusal of bail is considered exhaustively by the Supreme Court in Dataram Singh Vs State of UP and Ors:(2018)3 SCC 22, Sanjay Chandra Vs CBI:(2012) 1 SCC 40 and Nikesh Tara Chand Shah Vs Union of India (2018) 11 SCC 40, which can be very well summarised in following words:
State Of U.P. And 2 Others vs Raj Surya Pratap Singh Chauhan on 8 May, 2015
In backdrop of above legal position, after considering the rival submissions and record, without commenting on the merit of the case, let the Appellant, Gaurav Pratap Singh, be released on bail in Session Trial No. 1186 of 2011 (State of U.P. vs. Gaurav Pratap Singh), Case Crime No. 304 of 2010, under Sections 307/34, 323/34 IPC, Police Station Chakeri, District Kanpur Nagar, during pending appeal on following conditions:-
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Atul Tripathi vs State Of U.P. & Anr on 22 July, 2014
4. Suspension of sentence by the Appellate Court, during pending appeal, preferred by convicted person and to release on bail is provided under section 389 Cr.P.C. The Appellate Court may even without hearing the counsel for State decline bail. However in case Appellate Court is inclined to consider the release of convict on bail, the counsel for State shall be granted an opportunity to show cause in writing as to why the appellant be not released on bail, more specifically if the convict is sentenced for death or imprisonment for life or for a period of ten years or more. (See, Atul Tripathi Vs State of Uttar Pradesh : (2014) 9 SCC 177).
Section 389 in The Code of Criminal Procedure, 1973 [Entire Act]
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