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1 - 10 of 27 (0.21 seconds)Section 306 in The Indian Penal Code, 1860 [Entire Act]
Section 180 in The Indian Penal Code, 1860 [Entire Act]
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
The State Of Bihar And Anr vs Amit Kumar @ Bachcha Rai on 20 April, 2017
It has also been observed in State of Bihar and another vs.
Amit Kumar @ Bacha Rai 2017(3) RCR (Crl.) 690, by the Supreme
Court that, "Although there is no quarrel with respect to the legal
propositions canvassed by the learned counsels, it should be noted that there
is no straight jacket formula for consideration of grant of bail to an accused.
It all depends upon the facts and circumstances of each case. The
Government's interest in preventing crime by arrestees is both legitimate and
compelling. So also is the cherished right of personal liberty envisaged
under Article 21 of the Constitution. Section 439 of The Code of Criminal
Procedure, 1973, which is the bail provision, places responsibility upon the
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courts to uphold procedural fairness before a person's liberty is abridged.
Although 'bail is the rule and jail is an exception' is well established in our
jurisprudence, we have to measure competing forces present in facts and
circumstances of each case before enlarging a person on bail."
State (Delhi Administration) vs Sanjay Gandhi on 5 May, 1978
In Sanjay Gandhi (supra),
it was held that, "Rejection of bail when bail is applied for is one thing;
cancellation of bail already granted is quite another, It is easier to reject a
bail application in a non-bailable case than to cancel a bail already granted
in such a case. Cancellation of bail necessarily involves the review of a
decision already made and can by and large by permitted only if, by reason
of supervening circumstances, it would be no longer conducive to a fair trial
to allow the accused to retain his freedom during the trial. (Emphasis
supplied)"
Dolat Ram & Ors vs The State Of Haryana on 11 November, 1994
The law regarding cancellation of bail has been expounded and
reiterated by Hon'ble The Supreme Court in the case of State (Delhi
Administration) vs. Sanjay Gandhi 1978(2) SCC 411 and Dolat Ram and
others vs. State of Haryana, (1995) 1 SCC 349.
Ms. X vs The State Of Telangana on 17 May, 2018
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Hon'ble The Supreme Court of India in the case of Ms. X vs
The State of Telangana (2018) 16 SCC 511 finding no supervening
circumstance made out to warrant the cancellation of the bail dismissed the
appeal. The paras as relevant to the present case read thus:
Kanwar Singh Meena vs State Of Rajasthan & Anr on 16 October, 2012
10. While the principles in regard to the grant of bail
under Section 439 are well settled, we may note for the
completeness of the record, that reliance has been placed
on behalf of the appellant on the decisions of this Court
in Kanwar Singh v State of Rajasthan 2012 (12() SCC
180, Neeru Yadav v State of UP 2016(15) SCC 422 and
State of Bihar v Rajballav Prasad 2017(2)SCC 178.
State Of Bihar vs Rajballav Prasad @ Rajballav Pd. Yadav @ ... on 24 November, 2016
10. While the principles in regard to the grant of bail
under Section 439 are well settled, we may note for the
completeness of the record, that reliance has been placed
on behalf of the appellant on the decisions of this Court
in Kanwar Singh v State of Rajasthan 2012 (12() SCC
180, Neeru Yadav v State of UP 2016(15) SCC 422 and
State of Bihar v Rajballav Prasad 2017(2)SCC 178.