bail jurisprudence - The Legal Chamber

The Supreme Court held that the High Court erred in granting bail without properly considering the absence of "new circumstances" as mandated by the Court's earlier judgment cancelling bail. The impugned order lacked cogent reasoning, relied on irrelevant factors like jail overcrowding, and failed to accord due deference to the Supreme Court's previous decision, warranting its quashing. Facts Of The Case: The case involves an appeal by the informant, Ajwar, against an order of the Allahabad High Court granting bail to the accused, Waseem. Waseem was charged under various sections of the IPC, including Section 302 (murder). His bail was initially granted by the High Court in 2022 but was cancelled by the Supreme Court. A subsequent grant of bail by the High Court was again cancelled by th...

The Supreme Court upheld the denial of anticipatory bail, emphasizing that custodial interrogation is crucial in corruption cases involving influential accused. It clarified that confessional statements of co-accused under Section 161 CrPC cannot be considered at the bail stage, being inadmissible under Sections 25-26 of the Evidence Act. The Court reiterated that political vendetta allegations alone cannot justify anticipatory bail when prima facie evidence exists. It directed investigating agencies to avoid third-degree methods while preserving their right to seek custodial interrogation if warranted. The judgment reaffirmed the higher threshold for anticipatory bail compared to regular bail in serious economic offences. Facts Of The Case: The case arose from allegations of corruption ...

Tag: bail jurisprudence

Supreme Court: Jail Overcrowding Can’t Be a Ground for Granting Bail in Heinous Crimes

Supreme Court Denies Anticipatory Bail in Andhra Liquor Scam Case