1) Supreme Court: Participation in protest and expression of strong views is not violation of bail conditions-bail is not liable to be cancelled on that ground
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1994 OF 2024
A.DURAIMURUGAN PANDIYAN SATTAI @ DURAIMURUGAN VS. STATE REP. BY THE INSPECTOR OF POLICE & ANR.
2) Supreme Court: PMLA Accused Who Has Spent Half Of Maximum Sentence As Undertrial Can Be Given Bail Under S.436A CrPC
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.2601-2602 OF 2024
AJAY AJIT PETER KERKAR VS. DIRECTORATE OF ENFORCEMENT & ANR.
Dated: May 16, 2024.
https://www.lawweb.in/2024/05/supreme-court-pmla-accused-who-has.html
3) Supreme Court: Factors which Appellate court should consider for setting aside bail order
28. The considerations that weigh with the appellate Court for setting aside the bail order on an application being moved by the aggrieved party include any supervening circumstances that may have occurred after granting relief to the Accused, the conduct of the Accused while on bail, any attempt on the part of the Accused to procrastinate, resulting in delaying the trial, any instance of threats being extended to the witnesses while on bail, any attempt on the part of the Accused to tamper with the evidence in any manner.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 2639 of 2024
Decided On: 17.05.2024
Ajwar Vs. Waseem and Ors.
Author: Hima Kohli, J.
Citation: MANU/SC/0462/2024.
https://www.lawweb.in/2024/05/supreme-court-factors-which-appellate.html
4) Supreme Court: Same Court can cancel the Bail Which had Granted It If There Are Serious Allegations Even If Accused Hasn't Misused Bail
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 2639 of 2024
Decided On: 17.05.2024
Ajwar Vs. Waseem and Ors.
Author: Hima Kohli, J.
5) Supreme Court: Grant or refusal of a bail application is an interlocutory order
It cannot be doubted that the grant or refusal of a bail application is essentially an interlocutory order. There is no finality to such an order for an application for bail can always be renewed from time to time.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 313 of 1987
Decided On: 14.03.1988
Usmanbhai Dawoodbhai Memon and Ors. Vs. State of Gujarat
Hon'ble Judges/Coram:
A.P. Sen and L.M. Sharma, JJ.
Author: A.P. Sen, J.
Citation: MANU/SC/0560/1988 : 1988 (2) SCC 271.
https://www.lawweb.in/2024/05/supreme-court-grant-or-refusal-of-bail.html
6) Whether the court can give personal exemption to accused if he has not given the bail?
Further, the observation that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the Code.{ Section 205 of the Code. Also see, Section 317 of the Code} should not be read in a restrictive manner as applicable only after the accused has been granted bail.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
SHARIF AHMED AND ANOTHER Vs STATE OF UTTAR PRADESH AND ANOTHER
Author: SANJIV KHANNA, J.
Dated: MAY 01, 2024.
7) Whether the court should stay bail granted to accused to ensure fair trial to victim of an offence Under the Pocso Act?
Having considered the submissions and perused the
material on record, we are prima facie of the view
that in order to ensure a fair trial not only to the
accused but also to the victims, it would be in the
interest of justice that the respondent no. 3 may
remain in custody during the time the witnesses of
fact are examined.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 13943/2023
H. EKANTHAIAH Vs THE STATE OF KARNATAKA & ANR.
CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
Date : 23-04-2024.
https://www.lawweb.in/2024/05/whether-court-should-stay-bail-granted.html
8) Supreme Court: The Courts should give expanded interpretation to S 436A of CRPC for expediating release of the accused on bail
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
9) Can the appellate court give the benefit of S 436A of CRPC to the accused when criminal appeal or revision is pending?
Section 436A of the Code has been inserted by Act 25 of 2005. This provision has got a laudable object behind it, particularly from the point of view of granting bail. This provision draws the maximum period for which an undertrial prisoner can be detained. This period has to be reckoned with the custody of the Accused during the investigation, inquiry and trial. We have already explained that the word 'trial' will have to be given an expanded meaning particularly when an appeal or admission is pending. Thus, in a case where an appeal is pending for a longer time, to bring it Under Section 436A, the period of incarceration in all forms will have to be reckoned, and so also for the revision.
{Para 46}
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
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