Right to Speedy Trial Prevails Over Gravity of Offence; Bail Must Be Considered When Article 21 Infringed: Supreme Court
In the instant case, the petitioner was in jail for almost 4 years, but not a single witness was examined.
Bail Jurisprudence
“Abhorrent, Degrading, and Unknown to Law”; Supreme Court Declares Imposition of Bail Conditions Such as Cleaning of Police Stations as Null and Void
“The most invaluable gift that the people of India gave unto themselves through the Constitution was the vision of a casteless society founded upon the principle of substantive equality.”
Subsequent refusal to marry due to Kundali mismatch despite prior assurances, raises doubts; Delhi HC denies bail in false promise of marriage case
“The contention that the marriage could not take place due to non-matching of kundalis appears inconsistent with his own conduct and representations made over the years. If the issue of kundali matching was indeed of such determinative importance for the applicant and his family, the same should have been resolved at the threshold before entering into physical relations.”
Successive FIRs to Defeat Bail amount to Abuse of Process : Supreme Court invokes Article 32 to grant Bail
“Article 32 of the Indian Constitution is deemed to be “heart and soul” of the Constitution as it empowers any citizen to directly approach the Supreme Court for the enforcement of fundamental rights.”
Delhi HC stresses on growing use of children in crime & as “weapons” to escape penal action; denies anticipatory bail
“Custodial interrogation of the accused/applicant is necessary in order to unearth if more children in similar fashion have been trafficked by the accused/applicant for being used in commission of crimes.”
Personal appearance of accused before appellate/revisional court on every date after suspension of sentence & grant of bail not warranted: Supreme Court
“The proper course is to proceed with the appeal on merits, ensuring representation, while securing presence only in accordance with law upon dismissal or as otherwise required.”
Parity cannot be the sole ground for bail: Supreme Court emphasises Role Differentiation among Co-Accused
The Court explained that when weighing an application on parity, it is ‘position’ of the accused in crime, i.e., his role, that is the clincher.