Search Results Page

Search Results

1 - 10 of 19 (0.25 seconds)

Supreme Court Legal Aid Committee ... vs Union Of India (Uoi) And Ors. on 7 October, 1994

27.8. Upon reviewing the Supreme Court‟s decisions in the Supreme Court Legal Aid Committee and Frank Vitus cases, it is clear that while bail conditions must be achievable by the prisoner, the court must still enforce those requirements that are necessary to ensure the availability of the prisoner for trial and for compliance with any sentence imposed, maintaining the integrity of the judicial process; and 27.9. After reviewing the judicial context, this court believes that the conditions imposed for grant of bail or suspension of sentence must pass muster on the anvil of the following criteria: First, the conditions must be necessary to ensure that the accused remains available for trial. Second, the conditions must be necessary to ensure that the integrity of the judicial process is preserved. Third, the conditions must not be impossible for the 6 Supreme Court Legal Aid Committee case, para 16 Signature Not Verified Signed By:ANJALI KAUSHIK Signing Date:18.10.2024 14:39:59 BAIL APPLN. 4056/2023 & conn. Page 23 of 29 accused to fulfill. Only then the conditions imposed meet the aforesaid three-fold test, would they be proportionate, fair and correct balance between the right of a prisoner to be able to avail their liberty and for the State to enforce the law.
Supreme Court of India Cites 31 - Cited by 1024 - A M Ahmadi - Full Document

Ash Mohammad vs Shiv Raj Singh @ Lalla Babu & Anr on 20 September, 2012

9. As recorded in that order, this court had observed that, conceptually, when an undertrial is released on bail or a convict is granted suspension of sentence, the person is released from the custody of the Signature Not Verified Signed By:ANJALI KAUSHIK Signing Date:18.10.2024 14:39:59 BAIL APPLN. 4056/2023 & conn. Page 5 of 29 court to the custody of a surety; and by furnishing a surety bond, the surety gives the requisite assurance to the court that the person on bail would be produced as and when required by the court for standing trial or for undergoing the sentence awarded. The aforementioned concept has been acknowledged by the Supreme Court inter-alia in Ash Mohammad vs. Shiv Raj Singh,1 the relevant extract of which reads as follows :
Supreme Court of India Cites 24 - Cited by 1067 - D Misra - Full Document
1   2 Next