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1 - 10 of 13 (0.62 seconds)Section 402 in The Indian Penal Code, 1860 [Entire Act]
Section 399 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Nikesh Tarachand Shah vs Union Of India on 23 November, 2017
6. The historical background of the provision for bail has been
elaborately and lucidly explained in a recent decision delivered in
Nikesh Tara chand Shah v. Union of India, 2017 (13) SCALE 609
going back to the days of the Magna Carta.
Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980
In that decision,
reference was made to Gurbaksh Singh Sibbia v. State of Punjab,
(1980) 2 SCC 565 in which it is observed that it was held way
back in Nagendra v. King-Emperor, AIR 1924 Calcutta 476 that
bail is not to be withheld as a punishment.
Nagendra Nath Chakrabarthi vs King-Emperor on 1 October, 1923
In that decision,
reference was made to Gurbaksh Singh Sibbia v. State of Punjab,
(1980) 2 SCC 565 in which it is observed that it was held way
back in Nagendra v. King-Emperor, AIR 1924 Calcutta 476 that
bail is not to be withheld as a punishment.
Emperor vs H.L. Hutchinson on 23 April, 1931
Reference was also
made to Emperor v. Hutchinson, AIR 1931 Allahabad 356
SANGEETA
2024.09.19 19:22 wherein it was observed that grant of bail is the rule and refusal
I attest to the accuracy and
integrity of this document
CRM-M-29409-2024 8
is the exception. The provision for bail is therefore age-old and
the liberal interpretation to the provision for bail is almost a
century old, going back to colonial days.
Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Govt. Of ... on 12 February, 1979
Therefore, to elucidate further, this Court is conscious of the
basic and fundamental principle of law that right to speedy trial is a part of
reasonable, fair and just procedure enshrined under Article 21 of the
Constitution of India. This constitutional right cannot be denied to the accused
as is the mandate of the Apex court in "Hussainara Khatoon and ors (IV) v.
Home Secretary, State of Bihar, Patna", (1980) 1 SCC 98. Besides this,
reference can be drawn upon that the pre-conviction period of the under-trials
should be as short as possible keeping in view the nature of accusation and the
severity of punishment in case of conviction and the nature of supporting
evidence, reasonable apprehension of tampering with the witness or
apprehension of threat to the complainant.
Baljinder Singh @ Rock vs State Of Punjab on 27 September, 2022
As far as the pendency of other cases and involvement of the
petitioner in other cases is concerned, reliance can be placed upon the order
of this Court rendered in CRM-M-25914-2022 titled as "Baljinder Singh
alias Rock vs. State of Punjab" decided on 02.03.2023, wherein, while
referring Article 21 of the Constitution of India, this Court has held that no
doubt, at the time of granting bail, the criminal antecedents of the petitioner
SANGEETA
2024.09.19 19:22
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CRM-M-29409-2024 9
are to be looked into but at the same time it is equally true that the
appreciation of evidence during the course of trial has to be looked into with
reference to the evidence in that case alone and not with respect to the
evidence in the other pending cases. In such eventuality, strict adherence to
the rule of denial of bail on account of pendency of other cases/convictions
in all probability would land the petitioner in a situation of denial of
concession of bail.