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1 - 10 of 11 (0.23 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Siddharam Satlingappa Mhetre vs State Of Maharashtra And Ors on 2 December, 2010
8. Law with regard to grant of bail is now well settled. The
Apex Court in Siddharam Satlingappa Mhetre versus State of
Maharashtra and others, (2011) 1 SCC 694, while relying upon
its decision rendered by its Constitution Bench in Gurbaksh
Singh Sibbia vs. State of Punjab, (1980) 2 SCC 565, laid down
the following parameters for grant of bail:-
Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980
"111. No inflexible guidelines or straitjacket formula
can be provided for grant or refusal of anticipatory
bail. We are clearly of the view that no attempt
should be made to provide rigid and inflexible
guidelines in this respect because all circumstances
and situations of future cannot be clearly visualized
for the grant or refusal of anticipatory bail. In
consonance with the legislative intention the grant
or refusal of anticipatory bail should necessarily
depend on facts and circumstances of each case. As
aptly observed in the Constitution Bench decision in
Sibbia's case (supra) that the High Court or the
Court of Sessions to exercise their jurisdiction
under section 438 Cr.P.C. by a wise and careful use
of their discretion which by their long training and
experience they are ideally suited to do. In any
event, this is the legislative mandate which we are
bound to respect and honour.
Prasanta Kumar Sarkar vs Ashis Chatterjee & Anr on 29 October, 2010
10. The Apex Court in Prasanta Kumar Sarkar versus Ashis
Chatterjee and another (2010) 14 SCC 496, has laid down the
following principles to be kept in mind, while deciding petition for
bail:
Article 21 in Constitution of India [Constitution]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 436 in The Code of Criminal Procedure, 1973 [Entire Act]
Dataram Singh vs The State Of Uttar Pradesh on 6 February, 2018
6. Recently, the Hon'ble Apex Court in Criminal Appeal No.
227/2018, Dataram Singh vs. State of Uttar Pradesh & Anr
decided on 6.2.2018 has held that freedom of an individual can
not be curtailed for indefinite period, especially when his guilt has
not been proved. It has further held by the Hon'ble Apex Court in
the aforesaid judgment that a person is believed to be innocent
until found guilty. The Hon'ble Apex Court has held as under: