bail is rule Archives

A Smaller Bench Cannot Hollow Out a Larger Bench Decision Without Expressly Disagreeing: Supreme Court on Judicial Discipline in UAPA Bail Cases

Emphasising judicial discipline, the Court expressed serious reservations about Division Bench decisions in Gulfisha Fatima, 2026 SCC OnLine SC 10 and Gurwinder Singh, (2024) 5 SCC 403 for making a clear departure from ratio laid down by the three-Judge Bench in K.A. Najeeb, (2021) 3 SCC 713.

Case Briefs High Courts

‘Deprivation of bail must be considered as a punishment’; Delhi HC grants bail to Sub-Inspector accused of allegedly demanding and accepting bribe

A sensitive approach is required to be acquired by the Courts while dealing with the offences constituting bribery allegations against a public officer as the same minimizes the trust of the public in public servants who are duty bound to protect them.

Case Briefs Supreme Court

“Bail is the rule, Jail is an exception” Supreme Court reiterates; Grants conditional bail to person accused under UAPA

The Court took serious note of distortions in the chargesheet vis-a-vis attributing certain statements to the protected witness, which he did not make, stating that NIA owes an explanation, and the investigating machinery must be fair.