Grant of Anticipatory Bail to Accused with 22 FIRs “Very Unfortunate”; Criminal Antecedents Alone Sufficient to Deny Relief: Supreme Court
“Supreme Court set aside the impugned order granting anticipatory bail to the accused.”
Cancellation of Bail
Kerala HC sets aside Bail for Non Compliance with Mandatory S. 15A(3) SC/ST Act Notice in Mob Lynching Case; Directs surrender in 3 days
“Even to decide whether offences under the SC/ST Act are attracted, the courts cannot proceed unilaterally without issuing notice under Section 15-A(3). The Special Judge thoughtlessly granted bail in a case of mob lynching without ensuring a mandatory hearing to the victim’s dependent, which amounted to a serious lapse.”
Anticipatory bail ordinarily continues without fixed expiry unless special reasons recorded: Supreme Court
“The filing of a charge-sheet, taking of cognizance, or issuance of summons does not terminate protection unless special reasons are recorded.”
Person already on bail cannot be subjected to preventive detention under MPDA Act: Bombay High Court
“The Detaining Authority ought to have examined whether they were sufficient to curb the evil of further indulgence in identical activities which is the very basis of the preventive detention order.”
Bombay High Court slams Trial Court for granting bail to gang rape accused based on his upcoming marriage
“The statute as well as a series of decision of the Supreme Court and various High Court have well settled the parameters for the grant of bail to an under trial, however impending marriage of an accused is not one of them”.
‘Manner of granting bail revealed procedural irregularities at grassroot levels of judiciary’; Supreme Court directs special training for two judicial officers
“The case at hand exhibits an exceptional factual prism, impelling a deeper scrutiny beyond the conventional principles governing the subject. Unfortunately, the High Court while passing the impugned order also overlooked the germane factual position and saw the issue as merely being one of cancellation of bail.”
‘Stranger with no direct prejudice cannot clothe himself as aggrieved party’: Punjab and Haryana HC dismisses plea to cancel bail of IREO Group’s MD in PMLA case
“Multiple fora, including the Delhi Police, Gurugram Police, and the Delhi High Court, have found him lacking locus and credibility. His petitions have been dismissed with costs, and the Bar Council of India has directed removal of his name from the Roll of Advocates.”
Bail cannot be cancelled merely for seeking exemption on few hearing dates; cannot be inferred as willful absenteeism or hampering of trial: Punjab and Haryana HC
“Instead of cancelling the bail on account of his non-appearance, the Court ought to have exempted his personal appearance with a direction to appear on the next date when the case was adjourned for arguments on the application under Section 239 CrPC and the punitive order of cancellation of bail could, thus, have been avoided.”
Inside Supreme Court decision to cancel bail granted to actor Darshan & other accused persons in Renukaswamy murder case
“Article 14 of the Constitution guarantees equality before the law and prohibits arbitrariness. It mandates that all persons — regardless of their popularity, power, or privilege — are equally subject to the law”.
‘Non-bailable warrants must not be issued mechanically’; Punjab & Haryana HC quashes bail cancellation order of accused who missed one hearing due to ill health
“The issuance of non bailable warrants must not be exercised in a mechanical manner. It must be adopted sparingly and only upon recording cogent reasons that reflect the necessity of such a stringent course.”
SC berates Allahabad HC’s callous approach in granting bail to persons accused of child trafficking; directs States to implement BIRD’s report
“If any newborn infant is trafficked from any hospital, the immediate action against the hospital should be suspension of licence to run the hospital over and above other actions in accordance with law”.
Courts having jurisdiction to grant bail/pre-arrest bail not expected to act as recovery agents: Supreme Court
High Court should have independently applied its mind and arrived at a conclusion as to whether a case for grant of bail, on settled parameters, had been made out or not.
SC restores bail granted to BJP’s Girraj Singh Malinga in 2022 for offences under IPC and SC/ST Act
Girraj Singh Malinga was charged for the major offences punishable under Section 307 IPC, amongst others, read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act. He was duly arrested, and bail was granted by the order dated 17-05-2022.
‘No one is above law, no one can be’; Rajasthan High Court cancels former MLA’s Bail due to post-release conduct & threats to witnesses
“Glorification of an accused is fundamentally detrimental to the interests of society and undermines the integrity of the justice dispensation system.”
[Pune Porsche Accident Case] Juvenile Justice Board Cancels Bail for Minor; Remands Minor to Children Observation Centre
The minor was charged with various sections of the Penal Code, 1860 including Section 279, 304-A, 337 and certain other provisions of the Motor Vehicles Act, 1988.
Delhi High Court issues directions for Trial Court while passing bail orders; Condemns use of derogatory language in legal pleadings
Use of inappropriate and derogatory language, undermining the dignity of individuals, based on their gender, falls beyond the permissible bounds of language expected in legal pleadings.
Calcutta High Court dismisses revision seeking cancellation of bail in assault case
The Calcutta High Court criticized the trial court for solely relying on party’s submissions and not calling for injury report.
S.439(2) confers power only on High Court or Court of Session to cancel bail granted under S. 436 of Cr.PC: Orissa HC
When it comes to the curtailment of the liberty of a person, it becomes incumbent for the Court to follow the principles of natural justice by giving the opportunity of hearing to the accused
Involvement in subsequent crime sufficient ground for cancellation of bail: Kerala High Court
Kerala High Court noted that as against the condition not to involve in any other crime while on bail, the petitioner got involved in a similar crime.
Casting Couch: Model alleges rape; Supreme Court sets aside Bombay High Court’s order granting anticipatory bail to Businessman
The Supreme Court observed that the Bombay High Court disregarded the nature and gravity of the alleged offence as well as the the financial stature, position and standing of the accused vis-à-vis the prosecutrix.