Supreme Court of India Judgements

Showing posts with label Bail. Show all posts
Showing posts with label Bail. Show all posts

Monday, 11 March 2019

Bail--Trial of cases already been stayed as one of appellants had challenged the very registrations of the case by CBI--Trial is likely to be delayed appellants have to be in jail for a long period--Final report already been filed--Accused need not be detained in jail further--Accused released on bail.

sclaw.in
at March 11, 2019
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Labels: Bail

Saturday, 26 January 2019

Criminal Law--Bail--Grant of--Though detailed examination of the evidence and elaborate documentation of the merits of the case is to be avoided by the Court while passing orders on bail applications, yet a court dealing with the bail application should be satisfied as to whether there is a prima facie case, but exhaustive exploration of the merits of the case is not necessary

sclaw.in
at January 26, 2019
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Labels: Bail
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Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA's nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.

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