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1 - 10 of 12 (0.25 seconds)The Indian Penal Code, 1860
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."
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 en tled to bail if the Court concerned concludes that the prosecu on 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 sa sfac on for the need to release such
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person on bail, in the given fact situa ons.
State Of Rajasthan, Jaipur vs Balchand @ Baliay on 20 September, 1977
The rejec on of bail does not preclude filing
a subsequent applica on. The courts can release on bail, provided the circumstances
then prevailing requires, and a change in the fact situa on. In State of Rajasthan v
Balchand, AIR 1977 SC 2447, (Para 2 & 3), Supreme Court no ceably illustrated that the
basic rule might perhaps be tersely put as bail, not jail, except where there are
circumstances sugges ve of fleeing from jus ce or thwar ng the course of jus ce or
crea ng other troubles in the shape of repea ng offences or in mida ng witnesses and
the like by the pe oner who seeks enlargement on bail from the Court. It is true that
the gravity of the offence involved is likely to induce the pe oner to avoid the course
of jus ce and must weigh when considering the ques on 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 Gudikan 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 nega ve criteria necessita ng that course.
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 siDng Member of Parliament facing several criminal cases. It is also
not in dispute that most of the cases ended in acquiFal 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
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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.
Dataram Singh vs The State Of Uttar Pradesh on 6 February, 2018
In
Dataram Singh v State of UFar Pradesh, (2018) 3 SCC 22, (Para 6), Supreme Court held
that the grant or refusal of bail is en rely within the discre on of the judge hearing the
maFer and though that discre on is unfeFered, it must be exercised judiciously,
compassionately, and in a humane manner. Also, condi ons for the grant of bail ought
not to be so strict as to be incapable of compliance, thereby making the grant of bail
illusory.
Section 446 in The Code of Criminal Procedure, 1973 [Entire Act]
Prahlad Singh Bhati vs N.C.T., Delhi & Anr on 23 March, 2001
In Prahlad Singh
Bha 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 considera ons.