crpc s. 439 – Power to grant bail under Section 439 of Cr.P.C., is one of wide amplitude – A High Court or a Sessions Court, as the case may be, are bestowed with considerable discretion while deciding an application for bail – But, this discretion is not unfettered – On the contrary, the High Court or the Sessions Court must grant bail after the application of a judicial mind, following well-established principles, and not in a cryptic or mechanical manner – Ordinarily, the Supreme Court would be slow in interfering with any order wherein bail has been granted by the Court below – However, if it is found that such an order is illegal or perverse, or is founded upon irrelevant materials adding vulnerability to the order granting bail, an appellate Court will be well within its ambit in setting aside the same and cancelling the bail.
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- Sale of Goods Act
- Sarfaesi
- Securities and Exchange Board of India Act, 1992
- Service Matters
- Service of orders on a government servant
- Sexual Offence
- Special Marriage Act, 1954
- Specific Performance
- Specific Relief Act, 1963
- Stamp Act, 1899
- Stamp duty
- Stay
- Suit for declaration / possession
- Succession Act
- Suit for recovery of Money
- T
- V
- W
CrPC S. 439 - Whether a ‘victim’ as defined under Section 2(wa) of the CrPC is entitled to be heard at the stage of adjudication of bail application of an accused? Yes
CrPC S. 439 – Bail – Consideration - Court while deciding an application for bail, should refrain from evaluating or undertaking a detailed assessment of evidence, as the same is not a relevant consideration at the threshold stage
CrPC S. 439 – High Court or the Sessions Court must grant bail after the application of a judicial mind, following well-established principles, and not in a cryptic or mechanical manner
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