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...was produced by the applicant before the trial court knowing it to be forged and she got her son released on bail in murder case under Section 302 I.P.C.; that it is wrong to say that the bail order was...lady who moved application for bail of his son Krishna Kumar @ Suresh Mallah for ascertaining his release in Case Crime No.309 of 2003, under Section 302/34 I.P.C., P.S. Gosaiganj, District Sultanpur...; that her counsel at Lucknow Bench of High Court Allahabad Sri Anil Kumar Tripathi, Advocate handed her over the certified copy of bail order dated 27.10.2005 granted by this Court in Misc. Case No.5559...
...filed two separate applications Crl. Misc. Nos. M-9449 & 12902 of 2011 respectively for the grant of regular bail in murder case which was registered at the instance of Madhu Sudan...Manjit Kumar as such he is alleged to have conspired in the murder of Sudershan Singh Dhillon.I have considered the contention of Mr. Bhatia, counsel for the petitioner Manjit Kumar and...petition filed by Manjit Kumar. As per the case of the prosecution, the motive attributed to the accused in the death of Sudershan Singh Dhillon is that through the hired assassin Bobby, Dara and...
..., wherein the Apex court has considered all the factors to grant anticipatory bail including murder case.16. Heard and perused the materials available on record.17. While considering pre-arre...murder case, the approach of the Court cannot the same as that in dealing with pre-arrest bail in other offences. The court's approach should be cautious as the...in a murder case when the investigation was still incomplete.19. In (1997) 7 SCC 187 (State rep by CBI v. Anil Sharma...
...order of the High Court does not meet the requirement. In Vijay Kumar case (2002) 9 SCC 364 it was held that in considering the prayer for bail in a case involving a serious offence like ...court is duty-bound to objectively assess the matter and to record reasons for the conclusion that the case warrants suspension of execution of sentence and grant of bail. In the instant case, the...Arijit Pasayat, J. Leave granted.2. The informant calls in question legality of grant of bail to accused-Respondents 1 to 3 by the High Court of...
..., normally, grant of bail, in a case of murder, is not a rule. In a case of murder, public policy and the general state of crime of such nature, should be the consideration which should w.... Courts are loath to enlarge such offenders on bail. That accounts for the normal practice of the Courts to refuse bail for crimes of such nature. Unmerited grant
of bail in ..., then the question of grant of bail would not arise. It is not conducive to judicial health and discipline to grant bail in the present case, as it will adversely affect the administration of justice. It...
...judicial custody in connection with a murder case. His application for bail was rejected by the Sessions Judge, Thalassery. Now this petition seeking an order to release the petitioner on bail....murder case. In the above circumstance, taking into account the period of incarceration already undergone, I find that it would be appropriate to release the petitioner on bail.In...facts to the Court or to any police officer.iii. In the event the petitioner involves in any other crime, the order granting bail shall stand cancelled....
...liberty while on temporary bail twice by itself is no ground to grant bail in a murder case especially when he was allegedly involved in a subsequent case of murder. It may be me....”26. We are of the view that the High Court has completely ignored the general principles for grant of bail in a heinous crime of commission of murder in which the sen...)8. Pursuant to the cancellation of bail by the High Court in Criminal Case No. I-25 of 2004, the respondent surrendered on 20-3-2004. After his arrest, the respondent...
...very clear that once BA No. 57/2018 Page 8 of 9 the person charge-sheeted under Section 302 RPC he cannot be granted bail in an ordinary manner and only after appreciating the evidence of some of the witnesses. The case is ...cannot be drawn that in every case where accused is women, even in heinous offence, she is entitle for bail. The general impact on society has to be kept in mind while granting bail in ... 1. Suriya Bibi, who is facing trial in case FIR No.37/2015 for offences under Sections 302/34 RPC has filed the present application for grant of bail on the following...
...Sunita… v. State Of Punjab…., 1996 (1) RCR 116 (Punjab and Haryana) that where the bail in a murder is granted by the Sessions Judge, the High Court has the po...learned Additional Sessions Judge had exercised his judicial discretion in erroneous manner contrary to well settled principles by granting bail in murder case. It...investigation is in progress.16. In such a case, therefore, the Supreme Court has no option but to cancel the order granting anticipatory bail. It was further observed that naticipatory ...
...observed that bail in murder case granted by Additional Sessions Judge could be cancelled by the High Court where the lower court had failed to exercise its discretion according to law or where accused...the statements of material witnesses were recorded. In that case, it was held that when the accused has been enlarged on bail, his liberty could not be lightly interfered with, but this does not mean...that even in a proper case where ends of justice would be defeated unless the accused is committed to custody, power of the High Court to cancel the bail could not be exercised. The deceased in the...
...grant of anticipatory bail in murder case when investigation is still incomplete is not justified. In another case Samunder Singh v. Stat...granting bail to a person accused of murder by fire arm when the investigation is in progress. It was also observed that when the power under Section 438 Cr.P.C was exercised sub...persons named in the first information statement was also found. Titu, Raju, and Karan were arrested on the same day on 20.11.1995 They were granted bail by an Additional Sessions Judge on 12.12.1995...
...a fit case for releasing an approver on bail in murder case like this."
Yet, at the end of the order the Court observed that the enquiry or trial (if committal ensues) of the ...accused shall not be detained for more than 90 days in a murder case and for more than 60 days in other cases. Therefore, it was never contemplated that a trial will take inordinate delay in its terminatio...period even when principal accused in the case has been released on bail.
2. Petitioner had filed an application under Section 439, Cr.P.C. before the Single...
...High Court does not meet the requirement. In Vijay Kumar case (2002) 9 SCC 364 it was held that in considering the prayer for bail in a case involving a serious offence like murder punish...the conclusion that the case warrants suspension of execution of sentence and grant of bail. In the instant case, the only factor which seems to have weighed with the High Court for directing suspension...Arijit Pasayat, J. Leave granted.2. The State of Haryana calls in question grant of bail to accused Hasmat (respondent herein) by the Punjab and...
...relief of bail pending the appeal. The principle is well settled that in considering the prayer for bail in a case involving a serious offence like murder punishable under Section 302 IPC, the cou...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...are likely to succeed in the appeal and in such a case if the High Court has ordered release of the appellants on bail, no exception can be taken to the order.10. On...
...ruled out when allegation of the accused therein was that he was opposed to the ruling party. In Bhopal Singh's case (supra), pre-arrest bail in murder case was allowed. In Pokar Ram's ...progress. In case Kiran Devi v. State of Rajasthan, 1988 S.C.C (Criminal) 106, their Lordships of the Supreme Court have expressed the opinion that an...Court has the power to grant pre-arrest bail even in murder cases, but discretion has to be exercised only in exceptional cases, and that too when some very compelling circumstances are made out, for grant of ...
...have been forced to face starvation. It was also stated that the applicant has to arrange for his defence and, in case, he remains in custody, he cannot effectively defend himself, which will result in violating hi..., normally, grant of bail, in a case of murder, is not a rule. In a case of murder, public policy and the general state of crime of such nature, should be the consideration which should w...loath to enlarge such offenders on bail. That accounts for the normal practice of the Courts to refuse bail for crimes of such nature. Unmerited grant of bail in murder case can neither serve the ...
..., which includes one murder case. His past is not good. He has bad antecedents. In the circumstances, the anticipatory bail granted to him may be cancelled.3. The learned counsel for the...respondent/accused, filed counter refuting the allegations. He would submit that the prior cases are put up cases. In those cases, he was also on bail. In the murder case, he has been implicated as a...conspirator. In that case also, he was oned bail. His detention under Act No. 14/1982 also has been set aside. No valid ground has been established to cancel his anticipatory bail.4. I...
...I.P.C The offences alleged against the respondent - accused are punishable with death or imprisonment for life.4. The Sessions Judge has granted anticipatory bail in a case punishable with death or imprisonme...have gone through the order of the learned Sessions Judge, Kolar. There cannot be any dispute regarding the proposition of law that the Court has got power to grant anticipatory bail even in murder cases. But, the power of ...application in a murder case with a full sense of responsibility not only to the law but also to the Society at large.5. Now, the question arises is whether the Court should cancel the bail...
...consideration before this Court in Crl.O.P.No.24092 of 2013 and this Court, by order dated 29.10.2013, dismissed the application, observing as follows:
22. Therefore, anticipatory bail in murder ...various judgments of the Apex court , this court is of the view that pre-arrest bail cannot be casually granted in a murder case where the involvement of the accused persons are evident on the face of the...complicity of the petitioner has been established from the beginning and he has been evading arrest and custodial interrogation, for more than one year and granting of anticipatory bail in an offence of murder is deprecated...
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DEEPAK SIBAL, J. (Oral)
(1) Through the present petition filed under Section 438 Cr.P.C. the petitioner seeks anticipato...committed the afore offences while he was on interim bail in a murder case, this Court is of the opinion that the petitioner's conduct does not entitle him to the grant of anticipatory bail...the scene, the petitioner managed to flee.
(3) Learned counsel for the petitioner contends that the petitioner has been falsely implicated in this case on...