Has the revolution in race relations since enactment of the Voting Rights Act rendered the act's Section 5 anachronistic and hence unconstitutional as a no-longer defensible encroachment on the rights of the affected jurisdictions? The court's 8—1 ruling to preserve Section 5 is a reminder how misguided are conservatives' indiscriminate denunciations of "judicial activism. He did so because of social changes made vivid by the election of the first black president.
The Law of bail is an integral component of the criminal law procedure and the right to bail is subject to statutory stipulation. The Code of Criminal Procedure, seeks to liberalise the bail provisions. The bailable and not bailable offences are precisely classified.
Section 1 of the Code provides that the amount of bond for release of an accused person on bail shall be fixed with due regard to the circumstances of the case and shall not be excessive. Sub-Section 2 further empowers the High Court or the Court of Sessions to direct that the bail required by police officer or magistrate be reduced.
Anticipatory bail may also be granted under such conditions as provided for in Section Section 1 read with Section empowers the trying magistrates to have the discretion whether the amount of bond or bail could be on the personal bond of the accused himself or with sureties.
Section A further Bail essay that every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.
The process of granting or refusing bail entails a meticulous judicial exercise so as to serve the twin object of social defence and individual freedom. The judicial discretion in granting or refusing bail should therefore, be exercised with caution within the parameter of law and not caprice.
The scope of judicial discretion is, however, limited when a person is accused of a bailable offence.
But when a person is accused of a non-bailable offence, his release on bail leaves wider scope for exercise of judicial discretion keeping in view the gravity of offence, the nature of evidence on which the prosecution case rests, and reasonable possibility of presence of accused or suspect during trial.
The mechanical approach of judges in the exercise of their discretion in bail proceedings has been vehemently criticised by the Supreme Court in Hussainara Khatoon v. State of Bihar wherein the Court, inter-alia, observed: While the Code of Criminal Procedure recognises the right of an accused person to be released on bail or the facility to the accused to remain on bail during trial, it casts a duty on the accused to attend the court regularly for speedy trial and not to tamper with prosecution witnesses.
Judicial discretion in granting bail under Section 1 should be guided by two paramount considerations, namely, likelihood of the accused fleeing from justice and his tampering with prosecution evidence.
The Supreme Court in Harsh Sawhney v. Looking at the long pendency of cases and the number of undertrial prisoners multiplying each day, it is advisable to liberalise the law relating to bail. Some useful suggestions in this regard may be as follows: It will not only reduce the number of bail applications but also reduce the number of undertrial prisoners.
Garg should not be cancelled. The Bench of Justices N. Santosh Hegde, Justice, S. Sinha and Justice A. Mathur, had ordered lodging Pappu Yadav in the prison instead of Patna Medical College Hospital while taking serious note of the misuse of facilities by the accused on the pretext of ill-health.
The Apex Court noted that though an accused has a right to make successive applications for grant of bail, the Court concerned has a duty to consider the reasons and grounds on which earlier bail applications were rejected.
Finally disposing of the bail applications of Pappu Yadav in October,the Supreme Court directed that no Court should entertain his bail application any further and he has to remain in custody during the entire trial period.Dec 15, · Nashville — The idea began in February over lunch with my friend Elissa, someone I like but rarely see.
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On Friday, the Patna High Court had rejected Lalu’s appeal to extend his provisional bail for another three months, observing that his health condition is not life-threatening. Bail Po Essays Here we've compiled a list matching the top essays in our database against " bail po essays ".
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