BAIL
For UAPA articles under
"When a case is made out for a grant of bail, the courts should not have any hesitation in granting bail. If the courts start denying bail in deserving cases, it will be a violation of the rights guaranteed under Article 21 of our Constitution," the court said. https://thewire.in/law/bail-is-the-rule-jail-exception-even-in-special-statutes-like-uapa-supreme-court
The Supreme Court on Tuesday said that “bail is the rule and jail is an exception” even under the most stringent bail conditions while granting bail to a man accused under Unlawful Activities Prevention Act (UAPA). The bench of Justices A.S. Oka and Augustine George Masih were hearing the bail plea of Jalaluddin Khan, a retired police constable from Bihar, who was accused of renting a portion of his house to alleged members of the the banned Popular Front of India (PFI).
14/08/2024
Two recent benches of the Supreme Court, in the course of one week, interpreted the bail provision under UAPA differently, resulting in inconsistent outcomes.
https://thewire.in/law/bail-under-uapa-different-supreme-court-benches-vastly-different-rulings
In an article last year, legal scholar Gautam Bhatia referred to inconsistency in bail judgments under UAPA within the same court, and in the pronouncements of the same judge within the same court. Two recent cases decided by the Supreme Court show that this inconsistency continues to be the norm, rather than an exception.
20/04/2023
Meet Kumar Sauvir, the journalist who stood up for Siddique https://www.theweek.in/news/india/2023/02/02/meet-kumar-sauvir-the-journalist-who-stood-up-for-siddique-kappan.html KappanSauvir is a Lucknow-based journalist who furnished the bail bond for Kappan’s releasevi By Puja Awasthi February 02, 2023 Sauvir has been a journalist for 42 years. His father, Siyaram Tripathi, worked in a senior editorial position at a prominent Hindi newspaper. “He would always talk about justice, and wallop me to teach me its lessons”, he said. Tripathi was a card holding member of the Communist Party of India, the secretary of the Indian Federation of Working Journalists and the general secretary of its state wing. Sauvir’s paternal grandfather had strong communist leanings. “I was fed fearlessness since I was a child”, said Sauvir.
The Supreme Court has asked courts to consider modifying the bail conditions imposed on undertrial prisoners if the bonds are not furnished within a month.
A bench of Justices S.K. Kaul and Abhay S. Oka said one of the reasons that delays the release of an accused or a convict is the insistence upon a local surety and suggested that in such cases, the courts may not impose the condition of local surety.
03/02/2023
New Guidelines for Arrest and Bail पर Supreme Court की Landmark Judgement https://www.youtube.com/watch?v=DldNut4S--w | Legal Gurukul Jan 13, 2023 Channel https://www.youtube.com/@legalgurukul
Arnesh Kumar Judgement
SATENDER KUMAR ANTIL case https://drive.google.com/file/d/1m8k4xbz4xeoBhSXOcimZno5b0n33dGwg/view
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