Category: bail
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Preventive arrest and security proceedings in CrPC (S.107/151 CrPC) and misuse abuse
Context Abuse of the criminal justice machinery is rampant in India. People are often wrongly implicated in criminal cases and deprived of their personal liberty. India – in fact – bears the dubious distinction of being a country with one of the highest number of pending criminal cases (relative to civil cases), where more than…
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Law in 100 Words | Difference between Cancellation of Bail and Challenge to a Bail Order | Part 9
These two concepts are often misunderstood and confused. Cancellation of bail is where the prosecution (or the victim) moves the Court to get the bail (already granted!) cancelled due to a post-bail circumstance or violation of conditions after the grant of bail. This is done in cases where the Bail order was originally proper/tenable but the accused,…
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Law in 100 Words | Part 4 | Whether a Police Officer can grant bail in a Non-Bailable case?
Contrary to popular misconception – that only a Court can grant bail in a non-bailable offence – the reality is that : The Police can also grant bail in non-bailable offences. A perusal of Section 437, Sub-sections (2) and (4), CrPC reveals that the architects of CrPC, in fact, vested a police officer with the…
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ON THE LEGALITY AND PROPRIETY OF DISHA RAVI’S ARREST, POLICE CUSTODY AND THE LAW OF SEDITION
A chat with The Logical Indian on the legality and propriety of Disha Ravi’s arrest, police remand, and the law of Sedition.
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WHY THE HIGH COURT ORDER DENYING BAIL TO THE STANDUP COMEDIAN MUNAWAR MAY BE UNTENABLE IN LAW
Just looked at the High Court order denying bail to the comedian Munawar. With great respect, here are my two cents on how the decision is untenable in law, in my humble opinion: The decision ignores the fundamental principle of criminal law : Presumption of Innocence. The decision also ignores the rather limited scope of…
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Anticipatory Bail and Children in Conflict with Law
This is a guest post by Shantanu Pachauri[I]. First published on The Criminal Law Blog on 7 June, 2020 at thttps://criminallawstudiesnluj.wordpress.com/2020/06/07/anticipatory-bail-and-children-in-conflict-with-law/ A constitutional bench of the Supreme Court in Gurubakash Singh Sibbia v. State of Panjab (1980) while distinguishing normal bail from anticipatory bail held that whereas the former is granted after arrest releasing a person…
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Anticipatory Bail – whether for limited time, or not?
There is no terror in the bang, only in the anticipation of it”1 “One ought not to make a bugbear of the power to grant anticipatory bail.”2 I. Introduction Whether anticipatory bail should be granted only for a limited period of time, or once granted, should it continue till the end of trial? This is…
The Blog of Bharat Chugh 