Anticipatory Bail – Scope of Section 482 BNSS – Petitioners accused of wrongful restraint, criminal intimidation and causing grievous hurt resulting in fracture – Prosecution alleged assault with iron rod in furtherance of common intention – Defence contended false implication due to political influence and counter-assault on petitioners supported by medical records –...
Bail – Murder – Organised Crime – Rejection – Petitioners (Accused Nos.6 and 7) sought bail in case involving murder committed by organised crime syndicate under KCOCA – Alleged direct participation in assault on deceased with deadly weapons – Held: Serious overt acts attributed, offence punishable with death or life imprisonment – Bail not justified [Para...
Default Bail – NDPS Act – Section 36A(4) – Extension of Investigation Period – Petitioner arrested on 15.05.2025 – Statutory period of 180 days expired on 11.11.2025 – Special Court granted extension of 120 days on 31.10.2025 on report of SPP – Accused neither produced physically nor virtually and no notice given at the time of consideration of extension &...
Bail – Financial Fraud – International Transactions – Allegation of misappropriation of USD 1,25,000/- by petitioner while working as Finance and Admin Manager of informant company – FIR alleging opening of fraudulent company in Zambia, diversion of company funds, illegal withdrawals, and transfer of money to Indian bank accounts – Charge-sheet submitted and petitione...
Criminal Appeal – Bail – Appeal against rejection of regular bail – Accused-appellant not named in FIR relating to murder and terrorist offences under IPC, Arms Act and UAPA – Bail application rejected by Additional Sessions Judge – Appeal preferred before High Court [Paras 1-2].
Bail Jurisprudence – Role of Accused – Confessional Statement of...
Criminal Law – Bail – Section 436-A CrPC – Applicability to Heinous Offences – High Court granted bail relying on Section 436-A – Held: Section 436-A explicitly excludes offences for which the punishment of death has been specified – The accused are charged under Section 302 IPC and Section 16 UAPA, which carry the death penalty – High Court erred in apply...
NDPS Act – Bail – Commercial Quantity – Section 37 – Mandatory Twin Conditions Ignored – Bail Orders Cancelled – Accused persons Akash, Shilpa, and Seema were granted bail by the trial court despite seizure of 472.55 grams of heroin in a single raid forming a continuous transaction – Trial court failed to apply or even mention Section 37 NDPS Act – H...
Criminal Law – Kidnapping and Rape – Conviction Set Aside – Accused convicted for offences under Sections 366A and 376 IPC for allegedly enticing and raping a 16-year-old girl – Victim voluntarily accompanied accused to Kanchipuram on pretext of marriage – No evidence of inducement or threat – Medical reports confirmed absence of physical injuries or recent inte...
Anticipatory Bail – SC/ST (POA) Act – Appeal under Section 14A(2) – Alleged offences under SC/ST (Prevention of Atrocities) Act and BNS 2023 – FIR lodged by complainant alleging caste-based abuse and assault in public view – Appellant contended complaint was result of personal financial dispute and delay in lodging complaint unexplained – FIR filed nearly 2 year...
Bail – Gangster Act – Second Bail Application – Rejection for Lack of New Grounds – Applicant sought bail under Section 2/3 of the Gangster Act after rejection of earlier application – Criminal history of 11 cases spanning from 2013 to 2023 including prior Gangster Act charges – No new grounds urged beyond continued incarceration and parity with co-accused &ndas...