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Home Criminal CrPC

CrPC S. 439 – Bail – Reasoning  – Recording of reasons for grant of bail by the High Court or the Sessions Court  

by PLRonline
June 27, 2022
in CrPC
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CrPC S. 439 – Bail – Reasoning  – Recording of reasons for grant of bail by the High Court or the Sessions Court  – The importance of assigning reasoning for grant or denial of bail can never be undermined – There is prima facie need to indicate reasons particularly in cases of grant or denial of bail where the accused is charged with a serious offence –  The sound reasoning in a particular case is a reassurance that discretion has been exercised by the decision maker after considering all the relevant grounds and by disregarding extraneous considerations.

2022 SCeJ 0622

Tags: Bail - Judicial reasoningCrPC S. 439
Previous Post

OTS – Delay in encashment of OTS cheque – On payment by cheque before the stipulated date, the Respondent was entitled to a 15% incentive as agreed upon

Next Post

Contract Act S. 171 – Lien – Bailment – Explained – Bank  retaining  title documents  of property wrt another loan which is satisfied on account of default in another loan – Not covered u/s 171 – Ordered to release the papers.

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  CrPC S. 439 – Second Bail Application – There is no legal bar to filing a new bail application after a previous one has been rejected or granted and later cancelled. The right to file a fresh bail application is not contingent upon the Supreme Court’s permission, when the first Bail was allowed by the HC and set aside by the SC and had not allowed the filing of a new bail petition. 2025 PLRonline 474853 (SC)

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NDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]

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Contract Act S. 171 - Lien – Bailment - Explained - Bank  retaining  title documents  of property wrt another loan which is satisfied on account of default in another loan - Not covered u/s 171 - Ordered to release the papers.

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