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1 - 10 of 16 (0.28 seconds)Section 325 in The Code of Criminal Procedure, 1973 [Entire Act]
Arnab Manoranjan Goswami vs The State Of Maharashtra on 27 November, 2020
68. Criminal courts in general with the trial court in particular are the
guardian angels of liberty. Liberty, as embedded in the Code, has to be
preserved, protected, and enforced by the Criminal Courts. Any conscious
failure by the Criminal Courts would constitute an affront to liberty. It is
the pious duty of the Criminal Court to zealously guard and keep a
consistent vision in safeguarding the constitutional values and ethos. A
criminal court must uphold the constitutional thrust with responsibility
mandated on them by acting akin to a high priest. This Court in Arnab
Manoranjan Goswami v. State of Maharashtra, (2021) 2 SCC 427, has
observed that:xxxx
Sunil Shakt vs State on 25 May, 2001
24. Admittedly, the chargesheet has since been filed; the trial has not
yet begin; there are numerous witnesses to be examined and it would take
years to examine them; there is no possibility of dropping of evidence;
the petitioners are not at flight risk as their passports have since been
surrendered; they were earlier released on interim bail and did not misuse
their liberty and have been in judicial custody for the last more than five
years; the applicability of Section 436A Cr.P.C.; all evidence being
documentary and in custody of Investigating Officer; hence, tempering is
ruled out as is already in the sole custody of the State. Further the
accused have been giving various schemes, including of upfront
payments, though not accepted as they being in jail. Further admittedly,
the applicants have already been granted bail in three other FIRs pending
adjudication before the District Court, Gautam Buddha Nagar, Greater
Noida, Uttar Pradesh, thus, in view of the law discussed above viz.
Satender Kumar Antil (supra) Sunil Shakt (supra) and others, as also the
facts stated above more specifically in paras 11, 12, 13, 24 above; I admit
both the accused to bail on their furnishing personal bond of Rs.5.00 lacs
each with one surety each of like amount to the satisfaction of the learned
Trial Court in each of the FIR. The petitioners are directed to keep their
mobile location app open at all time. They shall not leave the country
without permission of the learned Trial Court and shall not
threaten/coerce/influence the complainants/victims in any manner lest it
shall be a ground for cancellation of bail.
Suresh Kalmadi vs Cbi on 19 January, 2012
19. Further in Suresh Kalmadi vs. Central Bureau of Investigation ILR
(2012) II Delhi 630, the accused was granted bail when the offence was
under Section 467 IPC which punishment is similar to Section 409 IPC.
Dr. Ashish Naithani vs The State Govt Of Nct Delhi on 17 September, 2021
In Ashish Naithani vs. State of Govt. of NCT of Delhi (2021) SCC
OnLine Delhi 4400, the Court held as under:
Sharad Kumar vs Central Bureau Of Investigation on 8 June, 2011
"15. Thus, considering the facts stated above and relying upon Sharad
Kumar & Others vs CBI 2011(126) DRJ 525, where bail was granted
for an offence under Section 409 IPC, and also considering the
accused is in custody since 09.11.2019, for almost two years and the
investigation being complete, the accused is hereby admitted to bail on
his executing a personal bond in the sum of Rs.1.00 Lac with one
surety of the like amount to the satisfaction of the learned Trial
Court/Duty Magistrate on following conditions:-
Sunder Bhati vs State Of U.P on 30 November, 2015
21. Sunder Singh Bhati vs. State 2022 SCC OnLine Delhi 134 was a
case of multi victim scam of over 900 victims who were cheated of about
Rs.240 crores and the Court held as under:
Dilip Singh Devde And Anr. vs Secretary State Of M.P. And Anr. on 28 August, 2015
23. Further in Dilip Singh vs. State of Madhya Pradesh and Another in
CRL.A.53/2021 decided on 19.01.2021, the Court held as under: