Tag: CrPC S. 438

CrPC, S. 438 – Bail – Anticipatory bail – Interim order – Cooperation – Petitioner joined investigation pursuant to interim ...

CrPC, S. 438 – Bail – Grant of anticipatory bail is not an exercise in routine

CrPC, S. 438 – Bail – Grant of anticipatory bail is not an exercise in routine – It is well ...

CrPC, S. 438 – Bail – Political rivalry – Do not find that such allegations are substantiated to the extent which would persuade this Court to arrive at a conclusion that the entire official machinery is to be painted with a tainted brush

CrPC, S. 438 – Bail – Political rivalry – Vociferous allegations have been raised on behalf of the petitioner that ...

CrPC, S. 438 – Bail – Question/s raised regarding registration of fresh FIR or registration of the same without permission from the competent authority

CrPC, S. 438 – Bail – Question/s raised regarding registration of fresh FIR or registration of the same without permission ...

Bail – Setting aside of – Setting aside of an “unjustified, illegal or perverse order” granting bail is distinct from the cancellation of bail on the ground of the supervening misconduct of the accused or because some new facts have emerged, requiring cancellation

Bail – Setting aside of - Order granting bail by high court set aside - It is a well settled ...

Bail – Covid19

Discrimination amongst the prisoners in same category and similarly placed Bail - Covid 19 – Temporary release of prisoners - ...

Anticipatory bail and Regular bail – Distinction.

"the distinction between an ordinary order of bail and an order of anticipatory bail is that whereas the former is ...

Bail – Right to make successive applications for grant of bail – Court entertaining such subsequent bail applications has a duty to consider the reasons and grounds on which the earlier bail applications were rejected – In such cases, the court also has a duty to record what are the fresh grounds which persuade it to take a view different from the one taken in the earlier applications.

Bail – Right to make successive applications for grant of bail - Court entertaining such subsequent bail applications has a ...

Bail – Reasons – At the stage of granting bail a detailed examination of evidence and elaborate documentation of the merits of the case has not to be undertaken – However prima facie reasons for granting bail is a requirement of law .

Bail – Reasons – “Giving reasons is different from discussing merits or demerits. At the stage of granting bail a ...

Bail – Length of period in detention – High Court was not justified in granting bail to the first respondent on the ground that he has been in custody for a period of 3 1/2 years or that there is no likelihood of the trial being concluded in the near future, without taking into consideration the other factors

Bail – Length of period in detention – Mere fact that the accused has undergone certain period of incarceration (three ...

Bail – Earlier bail applications have been rejected – Court will have to give specific reasons why in spite of such earlier rejection the subsequent application for bail should be granted

Bail – Earlier bail applications have been rejected – Reasoning – In regard to cases where earlier bail applications have ...

Bail – Law in regard to grant of bail in non-bailable offences – The Court granting bail should exercise its discretion in a judicious manner and not as a matter of course – Any order devoid of such reasons would suffer from non-application of mind

Bail – Law in regard to grant of bail in non-bailable offences – The Court granting bail should exercise its ...

Bail – Cancellation – Reasonings – Record of the case ought to have been perused by the court granting bail

Bail – Cancellation – Reasonings - Scope of the power to be exercised in the matter of cancellation of bails ...

Bail – Court distinguished between setting aside a perverse order granting bail vis-a-vis cancellation of bail on the ground that the accused has misconducted himself or because of some new facts requiring such cancellation.