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...possibly the investigation was not even completed let alone, any evidence had been led at the trial, the High Court also fell in error in cancelling the anticipatory bail granted to the appellants...released on bail on their furnishing bail bonds in the sum of Rs 10,000 each with one surety each of the like amount in the event of their arrest to the satisfaction of the Arresting Officer. No bail...has however been granted to the husband — Anil Kumar. The State of Haryana filed a petition in the High Court of Punjab and Haryana seeking cancellation of the anticipatory bail, granted to the...
...Vikram Singh upon considering relevant materials. No ex facie error in the order has been shown by the appellant which would establish exercise of such discretion to be improper. We accordingly sustain the order ...error or impropriety in exercise of discretion by the High Court in granting bail to the accused Malkhan Singh. The reason why we come to this conclusion is broadly the same as in the previous appeal...OnLine All 5567 granting bail to two accused persons, Vikram Singh alias Vikki [in SLP (Crl.) No. 9207 of 2019] and Malkhan Singh [in SLP (Crl.) No. 9209 of 2019] arraigned in a...
...Court, and the matter has now come up before us for final disposal.
There is in our opinion a basic error in the order of the High: Court. Whenever. an application for bail is...arise and the court will decide the question of grant of bail in the light of those further considerations. The error in the order of the High Court is; that it did not consider whether the offence...High Court thought it possible that the offence might fall under s. 5. This, in our opinion, was the basic error into which the High Court fell in dealing with the application for bail before it, and...
...appellant is that the High Court, on the facts and circumstances of the case and the findings recorded by learned trial court, committed error in granting bail to the appellants in the appeal pending in th...High Court was in error in passing the order releasing the respondents on bail. The High Court has neither given any reason nor has indicated any exceptional circumstance for granting bail to the...Narendra, Harbir and Kamendra @ Chilli, be released on bail on furnishing a personal bond and two sureties of the like amount to the satisfaction of the CJM concerned in ST No. 258 of 1992...
...the facts and circumstances of the case, the High Court has committed a grave error in allowing the anticipatory bail application.5. It is submitted that considering...vehemently submitted that in the facts and circumstances of the case, the High Court has not committed any error in granting anticipatory bail to respondent No. 2 - accused...terms of Section 82 of the Code, he is not entitled to the relief of anticipatory bail.”21. Thus the High court has committed an error in granting anticipatory bail to...
...Court was in error — both in the matter of computation of the period of 90 days prescribed as also in applying the principle of compulsive bail on entertaining a petition after the challan was filed...day. The High Court was, thus, obviously in error in assuming that on 2-12-1993 when the challan was filed, period of 90 days had expired.4. We may also observe that the High Court's view ...was submitted in the court whereafter the accused-respondents applied for compulsive bail, as according to them, the period of 90 days expired on 1-12-1993 and on the premise that their right to...
...while dealing with an application filed under Section 439 of the Code for grant of bail and has thus, committed a manifest error in the matter of grant of bail to the second respondent, warranting...in Criminal Miscellaneous Bail Application No. 4167 of 2008, granting bail to the second respondent, Chhunnu @ Chhidda.2. The said respondent was one of the persons named in...respondent moved an application before the Additional Sessions Judge/Fast Track Court, Moradabad for grant of bail. Keeping in view the fact that two persons had died and few others had sustained multiple...
...error in issuing the direction that the bail granted to the accused for an offence under Sections 324, 352 and 506 IPC will enure to their benefit even after conversion of the case which was...was directed that the respondents-accused, who had been initially granted bail in offences under Sections 324, 352 and 506 IPC by the Chief Judicial Magistrate, Muzaffarnagar, would continue to remain...before the learned Chief Judicial Magistrate on 13-6-2005 for the purpose of seeking remand. The accused also moved a bail application seeking bail in Crime Case No. 792 of 2005 which had been registered...
...circumstances of the case the High Court has committed a grave error in releasing respective respondents No. 2 on bail.5. It is vehemently submitted by Shri Vijay Kumar Shukla...not committed any error in releasing respective respondents No. 2 on bail more particularly when respective respondents No. 2 - accused were in jail since 26.08.2019 and 05.09.2020, respectively and...Criminal Misc. Bail Application Nos. 6294 of 2020 and 7992 of 2020 by which the High Court has released respective respondents No. 2 herein on bail in connection with Case Crime No. 203 of...
...serious nature.10. In our view, the High Court has committed a manifest error in the matter of grant of bail when public tranquillity has been stated to be disturbed on the....”3. Grant of bail though being a discretionary order — but, however, calls for exercise of such a discretion in a judicious manner and not as a matter of course. Order for bail beref...from case to case. While placement of the accused in the society, though may be considered but that by itself cannot be a guiding factor in the matter of grant of bail and the same should and ought...
...committed a grave error in releasing Respondent 2 on bail.4.1. It is vehemently submitted that while releasing Respondent 2 on bail, the High Court has not adverted to...and charge-sheet has been filed and the custodial interrogation of Respondent 2 is not required and therefore the High Court has not committed any error in releasing Respondent 2 on bail, more...Respondent 2 (accused) on bail in connection with FIR registered at CR No. I — 11195008201056 of 2020 with Bhildi Police Station for the offences punishable under Sections 302, 120-B, 114, 304-A IPC...
...recorded hereinabove we are of the considered opinion that the High Court was totally in error in allowing the bail application of the respondent by the impugned order. We allow these appeals, quash the...(hereinafter referred to as the respondent) seeking the grant of bail in Sessions Trial No. 976 of 1999 pending before the CBI Court. In the said case the said respondent is charged for offences...punishable under Sections 302 read with 34, 307 read with 34, 120-B, 302/307 IPC and Section 27 of the Arms Act. This application before the High Court for grant of bail was the ninth application in the...
...for bail and the High Court has committed an error in granting the bail to them.9. The learned ASG also submitted that the reliance on the orders of this Court insofar as...(2011) 5 SCC 340 cancelling the bail in respect of other accused and issuing directions based on which the trial has to be concluded within the schedule time vi...(A-4) and V.S Prabhakara Gupta (A-10) on bail by imposing certain conditions.2. Since CBI has challenged the order of the High Court granting bail in respect of the two...
...application for bail, therefore, the detaining authority had committed an error in holding that there was imminent possibility of his coming out on bail. Further, the detaining authority had relied upon...the detaining authority should be aware that the detenu is already in custody and is likely to be released on bail. The conclusion that the detenu may be released on bail cannot be ipse dixit of the...likelihood of detenu being released on bail. It has been clearly stated that in similar cases orders granting bail are passed by various courts. The appellant has not disputed correctness of this statement...
...Ranjit Kumar, learned Senior Counsel for the appellant submits that the High Court has committed an apparent error in exercising discretion in favour of the respondent-accused in granting post-arrest bail ...prima facie accepted that error has been committed in granting bail to the respondent-accused as observed in para 16 of the impugned judgment as under:“On going...Court vide its order dated 10-5-2019 2019 SCC OnLine Ker 1470 granted bail to A-1 and A-3 in Crime No. 19...
...statutory provision as interpreted by this Court in the abovecited decision, we are satisfied that the High Court has committed an error in granting anticipatory bail. Accordingly, the said order is...(Prevention of Atrocities) Act, 1989 (for short “the SC/ST Act”), submitted that the High Court is not justified in granting anticipatory bail, particularly, in the light of the factual conclusion...Vilas Pandurang Pawar v. State of Maharashtra (2012) 8 SCC 795, submitted that the High Court is not justified in granting anticipatory bail. In similar...
....5. Mr A. Sharan, learned Additional Solicitor General of India, strenuously urged that the High Court has committed a grave error of law in granting bail to the respondent...Psychotropic Substances Act, 1985 (for short “the NDPS Act”) and granting him bail.3. Since in this appeal we propose to deal with the short question viz. whether the High Court..., while accepting the prayer for grant of bail, had kept in view the parameters of Section 37 of the NDPS Act, we deem it unnecessary to advert to the facts of the case against the respondent in greater...
...,
according to the practice of the court; that the writ had not been aIlowed in the
regular form; that the respondent had -been served with a notice of bail in error on...remaining objection to it, that
the notice of bail in error was given before the writ issued, only amounts to the
* This case was heard before the Privy Council on...-
clusive evidence in support of the issue on the part of the respondent.”
A wr i t of error wa8 subsequently obtained on the 5th of the following August...
...: In this interlocutory application, the petitioner has prayed
for modification of the order dated 28th March, 2011 so as to
correct the typing error in the bail application and the...consequent sessions trial number mentioned in bail application.
It has been submitted that in the bail application sessions
trial number was inadvertently typed as "S.T. No.244 of 2009....
Considering the reasons explained in the application, this
interlocutory application is allowed. The petitioner is permitted to
make necessary correction in the bail application, being B.A...
...: In this interlocutory application, the petitioner has prayed
for modification of the order dated 28th March, 2011 so as to
correct the typing error in the bail application and the...consequent Sessions Trial number mentioned in bail application.
It has been submitted that in the bail application sessions
trial number was inadvertently typed as "S.T. No.244 of 2009....
Considering the reasons explained in the application, this
interlocutory application is allowed. The petitioner is permitted to
make necessary correction in the bail application, being B.A.
No...