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Bail

RAKESH MITTAL versus AJAY PAL GUPTA @ SONU CHAUDHARY AND ANOTHER

The High Court erred in mechanically applying the parity principle without considering respondent No.1's individual and distinguishing features — habitual offending, absconding, multiple aliases and forged IDs, misuse of earlier bail and the serious nature of offences including s.409 and s.467 IPC which may warrant commitment to Sessions — and therefore the bail order was unsustainable and was set aside.

Source excerpt

  • Parity principle
  • Offences of pecuniary nature
  • Criminal antecedents
  • Absconding
  • Triability and commitment to sessions
  • Cancellation and grant of bail
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Criminal law

X versus THE STATE OF UTTAR PRADESH & ANOTHER

The High Court's grant of bail was manifestly erroneous because it failed to consider the grave and heinous nature of the offences under the POCSO Act, the prima facie material from the victim's statements and medico-legal report, the filing of the chargesheet, and the vulnerability and risk of intimidation to the minor victim; consequently the bail was cancelled and the accused ordered to surrender.

Source excerpt

  • Cancellation of bail in pocso offence
  • Gang-rape of minor
  • Witness intimidation
  • Medico-legal evidence
  • Recording for blackmail
  • Vulnerability of victim
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Criminal law

GAJANAN DATTATRAY GORE versus THE STATE OF MAHARASHTRA & ANR.

The appeal is dismissed; the High Court was justified in cancelling bail where the appellant had voluntarily filed an affidavit/undertaking to deposit Rs.25,00,000 and then failed to comply, and the Supreme Court directs that courts shall not grant regular or anticipatory bail on the basis of such undertakings but decide bail pleas strictly on merits; appellant to surrender and pay costs.

Source excerpt

  • Cancellation of bail
  • Undertaking to deposit amount
  • Conditional bail deprecated
  • Judicial directions
  • Abuse of process
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Criminal law

CENTRAL BUREAU OF INVESTIGATION versus SEKH JAMIR HOSSAIN AND ORS.

The bail granted by the High Court was cancelled because the allegations were of such grave nature that they shook the conscience of the Court and there was an imminent likelihood that the accused would adversely affect a fair trial; accordingly the impugned bail orders were reversed and directions were given for surrender, remand and expedited trial.

Source excerpt

  • Cancellation of bail
  • Investigation by cbi
  • Political violence
  • Trial fairness
  • Fir registration
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Criminal law

THE STATE OF JHARKHAND versus SUNNY KUMAR @ SUNNY KUMAR SAO

Having regard to the nature of the offence and the fact that the respondent-accused was arrested in a similar offence under the NDPS Act after being granted bail, the High Court's order granting bail was set aside; the respondent-accused was directed to be taken into custody and the trial court was directed to expedite the trial preferably within four months.

Source excerpt

  • Bail
  • Arrest
  • Accused involved in another case while on bail
  • Arrest for similar offence
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Foreigners act, 1946

FRANK VITUS versus NARCOTICS CONTROL BUREAU AND ORS.

It is not necessary to implead the Civil Authority or the Registration Officer in all bail applications filed by foreigners because the authorities under the Foreigners Act and the Foreigners Order have no locus to oppose such bail applications except where the allegation is an offence under Section 14 of the Act; instead, courts granting bail should direct the State or prosecuting agency to immediately notify the Registration Officer under Rule 3, who shall inform concerned authorities including the Civil Authority.

Source excerpt

  • Impleadment
  • Foreign registration officer
  • Civil authority
  • Bail application by a foreigner
  • Section 14 of the foreigners act
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Criminal law

THE STATE OF MEGHALAYA versus LALRINTLUANGA SAILO & ANR.

The High Court's grant of bail was set aside because it failed to apply the mandatory requirements of Section 37(1)(b)(ii) of the NDPS Act; where the accused was involved in NDPS offences on more than one occasion and the contraband amount (1.040 kgs heroin) was well above commercial quantity, the twin conditions of Section 37 were not satisfied and bail could not be granted solely on the ground that the accused was HIV positive; the accused must surrender and the trial court shall expedite the trial and cancel bail bond and discharge sureties upon production.

Source excerpt

  • Section 37(1)(b)(ii) ndps act
  • Twin conditions for bail under ndps act
  • Commercial quantity
  • Hiv positive accused
  • Priority disposal of proceedings under section 34(2) hiv act
  • Cancellation of bail bond and sureties
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Criminal law

SATISH P. BHATT versus STATE OF MAHARASHTRA & ANR

The appeal is dismissed because the total amount agreed in the undertaking (Rs.4,63,50,000) was not paid and, under the High Court's order dated 20.03.2019, the interim protection by way of bail and suspension of sentence stood withdrawn on default; therefore there was no infirmity in the High Court order cancelling bail and suspension of sentence.

Source excerpt

  • Bail cancellation
  • Suspension of sentence
  • Compliance with undertaking
  • Judicial directives
  • Costs and compensation
  • Surrender
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Criminal law

MUKESHBHAI VALLABHBHAI ABHANGI versus STATE OF GUJARAT

For the purposes of considering bail at this stage the fact that there was only one prior FIR (2014) which was quashed even before filing of the charge-sheet weighs in favour of the appellant; the appellant has made out a prima facie case for bail, he had been in custody since 16.10.2020 (over 2½ years) and it was the first time he was accused of such offences; accordingly bail was granted subject to terms and conditions including additional reporting, undertaking on good behaviour, prohibition on influencing witnesses or tampering with record, and surrender of passport.

Source excerpt

  • Extortion
  • Land grabbing
  • Contract killing
  • Money-laundering
  • Witness intimidation
  • Bail
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Criminal procedure

ENFORCEMENT DIRECTORATE GOVERNMENT OF INDIA versus KAPIL WADHAWAN & ANR. ETC

Paragraph 51 of the judgment dated 27.03.2023 is clarified to state that the impugned order of the High Court granting default bail to the respondents by applying proviso (a)(ii) of Section 167(2) CrPC is found to be in order insofar as it relates to the question referred before this Court and answered by it, and the impugned judgment dated 20.08.2020 of the Single Judge of the Bombay High Court is upheld; other pending issues are to be addressed by an appropriate Bench of this Court.

Source excerpt

  • Default bail
  • Section 167(2) crpc
  • Clarification of judgment
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.