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1 - 10 of 18 (0.26 seconds)Sanjay Chandra vs Cbi on 23 November, 2011
" This Court in Sanjay Chandra v. CBI, also involving an economic
offence of formidable magnitude, while dealing with the issue of
grant of bail, had observed that deprivation of liberty must be
considered a punishment unless it is required to ensure that an
accused person would stand his trial when called upon and that
the courts owe more than verbal respect to the principle that
punishment begins after conviction and that every man is
deemed to be innocent until duly tried and found guilty. It was
underlined that the object of bail is neither punitive or preventive.
This Court sounded a caveat that any imprisonment before
conviction has a substantial punitive content and it would be
improper for any court to refuse bail as a mark of disapproval of a
conduct whether an accused has been convicted for it or not or
to refuse bail to an unconvicted person for the purpose of giving
him to taste of imprisonment as a lesson. It was enunciated that
since the jurisdiction to grant bail to an accused pending trial or
in appeal against conviction is discretionary in nature, it has to be
exercised with care ad caution by balancing the valuable right of
liberty of an individual and the interest of the society in general. It
was elucidated that the seriousness of the charge, is no doubt
one of the relevant considerations while examining the
application of bail but it was not only the test or the factor and the
grant or denial of such privilege, is regulated to a large extent by
the facts and circumstances of each particular case. That
detention in custody of under trial prisoners for an indefinite
period would amount to violation of Article 21 of the Constitution
was highlighted."
Prasanta Kumar Sarkar vs Ashis Chatterjee & Anr on 29 October, 2010
9. The Hon'ble Apex Court in Prasanta Kumar Sarkar v. Ashis
Chatterjee and Another (2010) 14 SCC 496, has laid down the following
.
Umarmia Alias Mamumia vs State Of Gujarat on 1 February, 2017
10. Reliance is placed on judgment passed by the Hon'ble
Apex Court in case titled Umarmia Alias Mamumia v. State of Gujarat,
(2017) 2 SCC 731, relevant para whereof has been reproduced herein
below:-
S.C. Legal Aid Committee Representrial ... vs Union Of India on 7 October, 1994
"11. This Court has consistently recognised the right of the
accused for a speedy trial. Delay in criminal trial has been held to
be in violation of the right guaranteed to an accused
under Article 21 of the Constitution of India. (See: Supreme
Court Legal Aid Committee v. Union of India, (1994) 6 SCC
731; Shaheen Welfare Assn. v. Union of India, (1996) 2 SCC 616)
Accused, even in cases under TADA, have been released on bail
on the ground that they have been in jail for a long period of time
and there was no likelihood of the completion of the trial at the
earliest.
Shaheen Welfare Association vs Union Of India & Ors on 27 February, 1996
"11. This Court has consistently recognised the right of the
accused for a speedy trial. Delay in criminal trial has been held to
be in violation of the right guaranteed to an accused
under Article 21 of the Constitution of India. (See: Supreme
Court Legal Aid Committee v. Union of India, (1994) 6 SCC
731; Shaheen Welfare Assn. v. Union of India, (1996) 2 SCC 616)
Accused, even in cases under TADA, have been released on bail
on the ground that they have been in jail for a long period of time
and there was no likelihood of the completion of the trial at the
earliest.
Paramjit Singh vs State (Nct Of Delhi) on 13 January, 1999
(See: Paramjit Singh v. State (NCT of Delhi), (1999) 9 SCC
252 and Babba v. State of Maharashtra, (2005) 11 SCC 569).
Dataram Singh vs The State Of Uttar Pradesh on 6 February, 2018
In view of the aforesaid discussion as well as law laid down
by the Hon'ble Apex Court, petitioner has carved out a case for grant of
bail, accordingly, the petition is allowed and the petitioner is ordered to
be enlarged on bail in aforesaid FIR, subject to his furnishing personal
bond in the sum of Rs. 2,00,000/- with one surety in the like amount to the
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satisfaction of concerned Chief Judicial Magistrate/trial Court, with
following conditions: