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1 - 6 of 6 (0.41 seconds)Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Sanjay Chandra vs Cbi on 23 November, 2011
In Sanjay Chandra v. CBI, [2012 1 SCC 40], the
Honourable Supreme Court has categorically held that the
fundamental postulate of criminal jurisprudence is the
presumption of innocence until a person is found guilty. Any
imprisonment prior to conviction is considered as punitive and
it would be improper on the part of the Court to refuse bail
solely on the ground of former conduct.
Dataram Singh vs The State Of Uttar Pradesh on 6 February, 2018
In Dataram Singh v. State of U.P., [(2018) 3 SCC
22] the Honourable Supreme Court observed that grant of bail
is a rule and putting a person in jail is an exception. Even
though the grant of bail is entirely the discretion of the court, it
has to be evaluated based on the facts and circumstances of
each case and the discretion has to be exercised in a judicious
and compassionate manner.
State Of Kerala vs Raneef on 3 January, 2011
9. Subsequently, in State of Kerala v. Raneef, [(2011) 1
SCC 784], the Honourable Supreme Court has again held that
undertrial prisoners detained in jail for indefinite periods,
without any sufficient reason or due to the delay in concluding
the trial, will tantamount to infringement of their right to life
guaranteed under Article 21 of the Constitution.
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