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Bail

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  • When an Arrest was in relation to a bailable offence, a person cannot be denied the bail, as long as the person agrees to comply with the conditions of the bail.

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  • State of Bihar and Another v Amit Kumar @ Bacha Rai, Criminal Appeal Jurisdiction, Criminal Appeal No. 767 OF 2017, Supreme Court of India judgment dated April 20, 2017: Though Supreme Court generally does not deal with cases related to grant / rejection of bail, the Supreme Court in this case rejects the bail granted by the High Court, considering the case involves almost 32 accused and a complex modus operandi, amongst other reasons
  • Asha Ranjan v State of Bihar and Others, Criminal Original Jurisdiction, Writ Petition (Criminal) No 132 OF 2016, Supreme Court of India judgment dated February 15, 2017
  • Lingaram Kodopi v State of Chhattisgarh, Criminal Appeal Jurisdiction, Criminal Appeal No. 357 OF 2014, Supreme Court of India judgement dated February 7, 2014
  • Neeru Yadav v State of UP and Another, Criminal Appeal Jurisdiction, Criminal Appeal No. 1272 OF 2015, Supreme Court of India judgment dated September 29, 2015
  • Sudhir v The State of Maharashtra and Others, Criminal Appeal Jurisdiction, Criminal Appeal No. 1286-1287 OF 2015, Supreme Court of India judgement dated October 1, 2015
  • Ravindra Saxena v. State of Rajasthan (2010) 1 SCC 684: Rejection of application for anticipatory bail by the High Court was set aside by this Court on the ground that the dispute between the complainant and the accused was in substance, civil in nature, as it was a property dispute arising out of commercial transaction, and the alleged offences were punishable under Sections 448, 456, 457, 420, 467, 468, 471, 380, and 120B IPC.
  • May 2011: Dealing with the 2G Spectrum Scam, criminal lawyer Ram Jethmalani moved the court with the plea of granting bail to DMK MP Kanimozhi with the plea of 'womanhood'. However, Special CBI Judge O P Saini reject the plea saying, 'Sex is one of the grounds which may be considered at the time of grant of bail. However, considering the magnitude of the crime and the allegations against her, I am unable to show any consideration to her on this ground'.
  • Bhadresh Bipinbhai Sheth v State of Gujarat and Another, Criminal Appeal Jurisdiction, Criminal Appeal No. 1134-1135 OF 2015, Supreme Court of India judgement dated September 1, 2015