1) Supreme court: No automatic arrest in offence U/S 498A of IPC
c) The courts will have to satisfy themselves on the compliance of Section 41 and 41A of the Code. Any non-compliance would entitle the Accused for grant of bail.
IN THE SUPREME COURT OF INDIA
Miscellaneous Application No. 1849 of 2021 in Special Leave Petition (Crl.) No. 5191 of 2021
Satender Kumar Antil Vs. Central Bureau of Investigation and Ors.
Hon'ble Judges/Coram:
Sanjay Kishan Kaul and M.M. Sundresh, JJ.
Author: M.M. Sundresh, J.
Decided On: 11.07.2022.
https://www.lawweb.in/2022/08/whether-accused-is-entitled-to-bail-if.html
3) Whether accused is entitled to be released on bail in offence Under NDPS Act on the ground of delay?
4) Supreme Court: The Court should not cancel bail of accused only on the ground that he fails to remain present before the court
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 383/2024 @ SLP(Crl) No. 12829/2023
KRISHNA SHARMA ALIAS KRISHNA KUMAR SHARMA Vs
THE STATE OF WEST BENGAL & ANR.
Dated: JANUARY 24, 2024.
https://www.lawweb.in/2024/02/supreme-court-court-should-not-cancel.html
5) Whether an accused can apply for one bail order for All Subsequent Cases?
We are not willing to go into the merits of the submissions made as we are in agreement with the submissions made by the learned Additional Solicitor General that the applicants will have to approach the jurisdictional courts, instead of seeking an omnibus relief before this Court. We have also not heard the different investigating agencies. Most of the complaints have been given subsequent to the case registered by the CBI in which few other persons are also arrayed as accused persons. One cannot apply one bail order to all the other subsequent cases. We do not have the adequate particulars pertaining to the subsequent cases filed, like the chargesheet pertaining to the case registered by different investigating agencies. It is not as if the applicants are unable to approach the concerned courts for seeking bail.{Para 8}
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
IA. NO. 156411 OF 2022 IN TC (CRL) NO. 1 OF 2016
PACL Vs CENTRAL BUREAU OF INVESTIGATION
Dated: September 5, 2023.
https://www.lawweb.in/2023/09/whether-accused-can-apply-for-one-bail.html
6) Under which circumstances the Superior court can revoke the bail granted to accused?
bail
can also be revoked where the Court has considered
irrelevant factors or has ignored relevant material
available on record which renders the order granting
bail legally untenable. The gravity of the offence,
conduct of the accused and societal impact of an
undue indulgence by Court when the investigation is
at the threshold, are also amongst a few situations,
where a Superior Court can interfere in an order of
bail to prevent the miscarriage of justice and to
bolster the administration of criminal justice system. {Para 15}
2023INSC761
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2023
BHAGWAN SINGH Vs DILIP KUMAR @ DEEPU @ DEPAK
AND ANOTHER
Author: ARAVIND KUMAR, J.
Dated: August 23, 2023.
https://www.lawweb.in/2023/08/under-which-circumstances-superior.html
7) Whether the court must issue notice to Victim even if accused has not made out ground for releasing him on bail in SC & ST Atrocities Act?
At the cost of repetition, we say that the present order
does not speak that the notice was issued to the informant and
he was heard in view of the right that has been given under
Section 15A (1) and (3) of the Atrocities Act. It cannot be said
that as case is not made out for releasing an accused involving
in the offence under the Atrocities Act; it is not necessary to
issue notice to the informant. It is the first step that is required
to be taken after the presentation of the application for bail.
When right has been given to the informant or the victim, then
notice should be issued and he or she should be heard and then
only either order can be passed, allowing or rejecting the
application. {Para 9}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.513 OF 2023
Kishor Shivdas Shinde Vs The State of Maharashtra,
CORAM: SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
DATE : 21st JULY, 2023.
https://www.lawweb.in/2023/07/whether-court-must-issue-notice-to.html
8) Whether the court can release accused on anticipatory bail if he has returned money paid by informant to him?
10. We would reiterate that the process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail. The question as to whether pre-arrest bail, or for that matter regular bail, in a given case is to be granted or not is required to be examined and the discretion is required to be exercised by the Court with reference to the material on record and the parameters governing bail considerations. Putting it in other words, in a given case, the concession of pre-arrest bail or regular bail could be declined even if the Accused has made payment of the money involved or offers to make any payment; conversely, in a given case, the concession of pre-arrest bail or regular bail could be granted irrespective of any payment or any offer of payment.
11. We would further emphasize that, ordinarily, there is no justification in adopting such a course that for the purpose of being given the concession of pre-arrest bail, the person apprehending arrest ought to make payment. Recovery of money is essentially within the realm of civil proceedings.
IN THE SUPREME COURT OF INDIA
Special Leave Petition (Crl.) Nos. 834-835 of 2023 (Diary No. 41186 of 2022)
Decided On: 16.01.2023
Bimla Tiwari Vs. State of Bihar and Ors.
Hon'ble Judges/Coram:
Dinesh Maheshwari and Hrishikesh Roy, JJ.
Citation: MANU/SC/0051/2023.
https://www.lawweb.in/2023/06/whether-court-can-release-accused-on.html
9) Supreme Court: The Court should not direct accused to furnish bank guarantee as condition for releasing him on bail
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1711-1712 OF 2023
KARANDEEP SINGH Vs CBI
Dated: JUNE 09, 2023.
https://www.lawweb.in/2023/06/whether-court-can-direct-accused-to.html
10) Can a Court Direct an Accused to Pay Interim Compensation to the Victim as a Condition for Granting Bail or Anticipatory Bail?
11. In a recent judgment of this Court in Dharmesh v. State of Gujarat MANU/SC/0412/2021 : (2021) 7 SCC 198 it was opined that it was clear from the plain reading of Section 357 that such compensation can only arise after the conclusion of trial albeit, of course, the same being a matter of discretion. The High Court's direction to the Accused for deposit of compensation for the legal heirs of the deceased (victim), as a condition for the bail cannot be sustained and, thus, logically set aside.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 205/2023
Decided On: 24.01.2023
Talat Sanvi Vs. State of Jharkhand and Ors.
Hon'ble Judges/Coram:
Sanjay Kishan Kaul and Abhay Shreeniwas Oka, JJ.
Author: Sanjay Kishan Kaul, J.
Citation: MANU/SC/0093/2023.
https://www.lawweb.in/2023/06/can-court-direct-accused-to-pay-interim.html
11) Supreme Court: The court should not impose Excessive Conditions While Granting Bail/Suspension Of Sentence
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 120 OF 2023
Guddan @ Roop Narayan Vs State of Rajasthan
Coram: KRISHNA MURARI; J., V. RAMASUBRAMANIAN; J.
12) Supreme Court : The courts should mention FIR No., Date, the concerned police station and the offences allegedly committed etc in bail Order
Before parting with this case, this Court notices that the format of orders by various High Courts in bail proceedings differs significantly. In many instances, the orders do not contain any description of the proceedings pending before the trial court there; at times, no advertence to the nature of the offence alleged in the FIR etc. This Court is of the opinion that in bail/anticipatory bail matters, High Courts should endeavour to ensure that all basic essentials (i.e. FIR No., Date, the concerned police station and the offences allegedly committed etc.) are duly recorded or reflected in the format of the order.
IN THE SUPREME COURT OF INDIA
Petition(s) for Special Leave to Appeal (Crl.) No. 555/2023, IA No. 7941/2023 and IA No. 7943/2023
Date of Order: 15.03.2023
Ravish Kumar Vs. The State of Bihar
Hon'ble Judges/Coram:
S. Ravindra Bhat and Dipankar Datta, JJ.
https://www.lawweb.in/2023/06/supreme-court-courts-should-mention-fir.html
13) Supreme Court :The court should not release Accused on bail in Money Laundering Case if the police have filed Chargesheet In Predicate Offence
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1401 OF 2023
Directorate of Enforcement Vs Aditya Tripathi
CRIMINAL APPEAL NO. 1402 OF 2023
Author: M.R. SHAH, J.
MAY 12, 2023.
https://www.lawweb.in/2023/05/whether-accused-is-entitled-to-get-bail.html
14) Supreme Court issues seven directions to avoid delay in release of prisoners after getting bail
With a view to ameliorate the problems a number of directions are sought. We have examined the directions which we reproduce hereinafter with certain modifications:
We order that the aforesaid directions shall be complied with.
IN THE SUPREME COURT OF INDIA
Coram: SANJAY KISHAN KAUL; J., ABHAY S. OKA; J.
SMWP(CRIMINAL) NO. 4/2021;
In Re Policy Strategy for Grant of Bail
Dated; 31-01-2023.
https://www.lawweb.in/2023/02/supreme-court-issues-seven-directions.html
15) Supreme Court: Bail Can Be Cancelled If Serious Offences Are Subsequently Added To FIR
IN THE SUPREME COURT OF INDIA
Criminal Appeals No. 822-823 of 2023
Decided On: 17.03.2023
X Vs. The State of Maharashtra and Ors.
Hon'ble Judges/Coram:
A.S. Bopanna and Hima Kohli, JJ.
Author: Hima Kohli, J.
https://www.lawweb.in/2023/06/can-police-arrest-accused-person-who.html
16) Supreme court: Investigating Officer Is Not Required To Arrest Each And Every Accused At The Time Of Filing Charge-sheet
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.838 OF 2021
(Arising out of SLP(Crl.) No.5442/2021)
SIDDHARTH Vs THE STATE OF UTTAR PRADESH & ANR.
Dated: AUGUST 16, 2021.
https://www.lawweb.in/2024/02/supreme-court-investigating-officer-is.html
17) Supreme Court: The court can cancel default bail granted to accused on merit after filing of chargesheet
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 37 OF 2023;
The State Through Central Bureau of Investigation Vs T. Gangi Reddy @ Yerra Gangi Reddy
Coram: M.R. SHAH; J., C.T. RAVIKUMAR; J.
Author: M.R. SHAH, J.
18) Supreme Court lays down conditions for grant of transit anticipatory bail
37. It would be impossible to fully account for all exigent circumstances in which an order of extra territorial anticipatory bail may be imminently essential to safeguard the fundamental rights of the applicant. We reiterate that such power to grant extra-territorial anticipatory bail should be exercised in exceptional and compelling circumstances only which means where, denying transit anticipatory bail or interim protection to enable the Applicant to make an application Under Section 438 of Code of Criminal Procedure before a Court of competent jurisdiction would cause irremediable and irreversible prejudice to the applicant. The Court, while considering such an application for extra-territorial anticipatory bail, in case it deems fit may grant interim protection instead for a fixed period and direct the Applicant to make an application before a Court of competent jurisdiction.
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. ... of 2023 (Arising out of SLP (Crl.) Nos. 11423-11426 of 2023 (Arising out of Diary No. 7943 of 2023))
Decided On: 20.11.2023
Priya Indoria Vs. State of Karnataka and Ors.
Hon'ble Judges/Coram:
B.V. Nagarathna and Ujjal Bhuyan, JJ.
Author: B.V. Nagarathna, J.
https://www.lawweb.in/2023/12/supreme-court-lays-down-conditions-for.html
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