It is in these circumstances, that we deem it appropriate to direct that when a Motor Accidents Claim Tribunal or the High ...

The Court explains that ex ante refers to an assessment made before the occurrence of an event, based on anticipation of ...

It sharply departs from the Gurbaksh Singh Sibbia Constitution Bench, which held that anticipatory bail is a vital safeguard of personal liberty and rejected attempts to confine it to “rarest of rare” ...

Every statutory provision regarding bail must be interpreted through the lens of Article 21 of the Indian Constitution. This article is not merely a legal clause but the foundation upon which the ...

When each of them have separate and identifiable shares, in the considered view of this Court, there arises no question of the Defendant acting as karta to sell off a part of the property on account ...

In this backdrop, clearly, the approach adopted by the High Court at the stage of considering bail recording that the prosecution was required to indicate the individual role of the Accused in the ...

26. Considering all these aspects as discussed above and in conspectus of the present case, we are of the view that the tests as enumerated for grant of anticipatory bail in Gurbaksh Singh Sibbia ...

The Supreme Court’s early 2026 bail docket shows a clear constitutional rebalancing: prolonged incarceration, stagnant trials, and disproportionate bail conditions are being tested directly against ...

14. Before adverting to the rival contentions of the parties and the findings as recorded by the Gauhati High Court, it is imperative to refer to the Constitution Bench judgment of this Court in the ...

Similarly, anticipatory bail Under Section 438 Code of Criminal Procedure constitutes an ex ante judicial remedy, invoked prior to arrest. In Gurbaksh Singh Sibbia v. State of Punjab MANU/SC/0215/1980 ...

Further, the fact that Respondent No. 1 was granted bail earlier but chose to indulge in the same activities once again, resulting in the registration of multiple FIRs over the years, demonstrates ...

17. A three Judge Bench of this Court in Padam Chand Jain (supra), reiterated that prolonged incarceration cannot be allowed to convert pretrial detention into punishment and that documentary evidence ...