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1 - 10 of 28 (0.29 seconds)Prasanta Kumar Sarkar vs Ashis Chatterjee & Anr on 29 October, 2010
In Prasanta Kumar Sarkar v. Ashis
Chatterjee [Prasanta Kumar Sarkar v. Ashis Chatterjee,
(2010) 14 SCC 496 : (2011) 3 SCC (Cri) 765] this Court
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observed that where a High Court has granted bail
mechanically, the said order would suffer from the vice
of non-application of mind, rendering it illegal. This
Court held as under with regard to the circumstances
under which an order granting bail may be set aside. In
doing so, the factors which ought to have guided the
Court's decision to grant bail have also been detailed as
under : (SCC p. 499, para 9)
"9. ... It is trite that this Court does not,
normally, interfere with an order passed by the High
Court granting or rejecting bail to the accused.
However, it is equally incumbent upon the High
Court to exercise its discretion judiciously, cautiously
and strictly in compliance with the basic principles
laid down in a plethora of decisions of this Court on
the point. It is well settled that, among other
circumstances, the factors to be borne in mind while
considering an application for bail are:
Majister Alias Budhpal vs State Of U.P. on 19 February, 2004
18. Before parting with the case, we may
repeat with profit that it is not an appeal for
cancellation of bail as the cancellation is not sought
because of supervening circumstances. The
annulment of the order passed by the High Court is
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sought as many relevant factors have not been taken
into consideration which includes the criminal
antecedents of the accused and that makes the order
a deviant one. Therefore, the inevitable result is the
lancination of the impugned order [Budhpal v. State
of U.P., 2014 SCC OnLine All 14815] ."
Shri Rawatpura Sarkar , Lok Kalyan Trust vs State Of Chhattisgarh 3 Wpc/4094/2019 ... on 14 November, 2019
In Kalyan Chandra Sarkar v. Rajesh
Ranjan [Kalyan Chandra Sarkar v. Rajesh Ranjan,
(2004) 7 SCC 528 : 2004 SCC (Cri) 1977] , this Court
held that although it is established that a court
considering a bail application cannot undertake a
detailed examination of evidence and an elaborate
discussion on the merits of the case, the court is required
to indicate the prima facie reasons justifying the grant of
bail.
Ash Mohammad vs Shiv Raj Singh @ Lalla Babu & Anr on 20 September, 2012
25. Another factor which should guide the
court's decision in deciding a bail application is the
period of custody. However, as noted in Ash
Mohammad v. Shiv Raj Singh [Ash Mohammad v. Shiv
Raj Singh, (2012) 9 SCC 446 : (2012) 3 SCC (Cri) 1172]
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, the period of custody has to be weighed simultaneously
with the totality of the circumstances and the criminal
antecedents of the accused, if any. Further, the
circumstances which may justify the grant of bail are to
be considered in the larger context of the societal
concern involved in releasing an accused, in
juxtaposition to individual liberty of the accused seeking
bail.
Preetam Pal Singh S.H.O. vs State Of U.P. And Another on 14 February, 2020
8.1. The Supreme Court in the case of Preet Pal Singh Vs. State of
Uttar Pradesh and another reported in (2020) 8 SCC 645 has held as
under:-
Section 389 in The Code of Criminal Procedure, 1973 [Entire Act]
Sudha Singh vs State Of U.P.& Another. on 12 July, 2013
8.2. The Supreme Court in the case of Sudha Singh Vs. State of Uttar
Pradesh and another reported in (2021) 4 SCC 781 has held as under:-
Jai Charan Lal vs State Of U.P. & Ors on 5 May, 1967
"15. The court has to keep in mind what has been
stated in Chaman Lal v. State of U.P. The requisite factors
are: (i) the nature of accusation and the severity of
punishment in case of conviction and the nature of
supporting evidence; (ii) reasonable apprehension of
tampering with the witness or apprehension of threat to the
complainant; and (iii) prima facie satisfaction of the court
in support of the charge.
Manoj Kumar Khokhar vs The State Of Rajasthan on 11 January, 2022
8.3 The Supreme Court in the case of Manoj Kumar Khokhar v.
State of Rajasthan reported in (2022) 3 SCC 501 has held as under:-