Hon’ble Supreme Court says that the accused gets an indefeasible right to ‘default bail’ if he makes an application after the maximum period for investigation of an offence is over and before a charge sheet is filed. The right to default bail is a fundamental right granted to an accused person to be released on bail once the condition of the first proviso to Sec.167(2) are fulfilled. Bikramjit Singh V. State of Punjab, 2020 SCC Online SC
View DetailsHon’ble Supreme Court held that the conditions which a court imposes for the grant of bail have to balance the public interest in the enforcement of criminal justice with the right of the accused and also says that if the discretion of the court has to be guided by the need to facilitate the administration of justice, secure the presence of the accused and ensure that the liberty of the accused is not misused to impede the investigation, overawe the witnesses or obstruct the course of justice. Parvez Noordin Lokhandwalla V. State of Maharastra, Criminal Appeal No. 648 of 2020.
View DetailsHon’ble Supreme Court held that the length of the sentence or the gravity of the original crime can’t be the sole basis for refusing premature release says while directing release of two convicts on probation. Satish @ Sabbe V. The State of Uttar Pradesh, Special Leave Petition (Crl) No. 7369 of 2019.
View DetailsHon’ble Supreme Court held that the court within whose jurisdiction the branch of the bank where the payee maintains the account is situated will have jurisdiction to try the offence, if the cheque is delivered for collection through an account. M/s Himalaya Self Farming Group V. M/s Goyal Feed Suppliers, Transfer Petition (Criminal) No. 273 of 2020.
View Details