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Home Criminal

[SC] Bail – Issue of bail is one of liberty, justice, public safety and burden of the public treasury. [PLRonline]

by PLRonline
December 16, 2023
in Criminal
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“… the issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process. . . . After all, personal liberty of an accused or convict is fundamental, suffering lawful eclipse only in terms of procedure established by law. The last four words of Article 21 are the life of that human right.”

Tags: BailPersonal liberty
Previous Post

[SC] Bail – Surety – Multiple FIRs – Single Bond to be executed for the FIRs. [ 2018 PLRonline 1304]

Next Post

Bail – Since the object of the detention or imprisonment of the accused is to secure his appearance and submission to the jurisdiction and the judgment of the court, the primary inquiry is whether a recognizance or bond would effect that end. [PLRonline]

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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]

October 15, 2024
Negotiable Instruments Act

NIA S. 138 – Compounding – Though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter – On facts – Quashed.

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CrPC S. 482 –  Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]

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[SC] Bail – Striking a perfect balance of sanctity of an individual’s liberty as well as the interest of the society.

December 17, 2023
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Bail - Since the object of the detention or imprisonment of the accused is to secure his appearance and submission to the jurisdiction and the judgment of the court, the primary inquiry is whether a recognizance or bond would effect that end. [PLRonline]

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      • Punjab Town Improvement Act, 1922
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