Plea of Insanity | Burden of Proof | Preponderance of Probability
Prakash Nayi @ Sen vs State of Goa | Section 84 IPC | Plea of Insanity | Burden of Proof | Preponderance of Probability | CrA 2010 OF 2010 | 12 Jan 2023 | Justices B R Gavai and M M Sundresh
16 January 2023
State vs T. Gangi Reddy @ Yerra Gangi Reddy | Section 167(2) , 437(5) 439 (2) Cr.P.C. | Default Bail Cancellation | CrA 37 OF 2023 | 16 Jan 2023 | Justices M R Shah and C T Ravikumar |2023 LiveLaw (SC) 37 | In a case where an accused is released on default bail under Section 167(2) Cr.P.C., and thereafter on filing of the chargesheet, a strong case is made out and on special reasons being made out from the chargesheet that the accused has committed a non-bailable crime and considering the grounds set out in Sections 437(5) and Section 439(2), his bail can be cancelled on merits and the Courts are not precluded from considering the application for cancelation of the bail on merits. However, mere filing of the chargesheet is not enough, but as observed and held hereinabove, on the basis of the chargesheet, a strong case is to be made out that the accused has committed non-bailable crime and he deserves to be in custody.