Anticipatory Bail – Financial Scam – Co-operative Society – Pre-arrest bail granted with stringent conditions – Sneha MACS allegedly collected ₹6.32 crore from depositors, failed to repay – Accused No. 3, aged 71, retired bank officer, served as Director/CEO only from April 2022 to October 2024 – Majority of deposits mobilised before his tenure – Petitio...
Anticipatory Bail – Misappropriation of Cooperative Society Funds – Sections 406, 409, 420, 465, 468, 471 IPC and Section 13(1) r/w 13(2) PC Act – Bail Refused – Petitioner, former Secretary of Kollam Cooperative Building Society, alleged to have collected deposits from third parties, issued forged receipts and certificates, and misappropriated ₹43,35,000/- – Issued...
Criminal Law - Bail – Allegation of Foreign Nationality – illegal entry into India - Prima Facie Case of Identity Fraud – Bail Rejected – The applicant was found in possession of digital documents indicating Bangladeshi origin and is accused of forging Indian identity documents to claim citizenship – Held: In absence of verified proof of Indian citizenship and p...
Bail Application – Delay in Disposal – Personal Liberty – Supreme Court Displeasure – Petition for bail pending in Punjab & Haryana High Court since August 2023 adjourned over a dozen times, mainly at the instance of complainant or State – By impugned order, matter adjourned again after recusal by Judge – SC reiterated that courts must be sensitive in matter...
Criminal Law - Sexual Assault on Minor by Father – POCSO Act S. 6 & IPC Sect. 506 – Concurrent Conviction Upheld – Petitioner convicted for repeatedly committing aggravated penetrative sexual assault on his 10-year-old daughter—Trial Court relied on clear, cogent victim testimony corroborated by elder sister, medical and forensic evidence including DNA match—High ...
Criminal Law - Suspension of Sentence – Parameters under Section 389 CrPC – Grant of Bail after Conviction under POCSO Act – Order Set Aside – The appeal by the father of the prosecutrix challenged the High Court's order suspending the sentence of Respondent No.2, convicted under Section 3/4(2) POCSO Act and Section 376(3) IPC – The Supreme Court held that the Hig...
Criminal Law - Cancellation of Bail – Sections 6, 10 and 17 of the POCSO Act - Sections 120B, 323, 328, 354, 354D, 376, 376(C), and 506 of the IPC - Grant of Bail in Serious Offences – Inadequate Reasoning – Order Set Aside – The Supreme Court examined a challenge by the complainant-father of a minor victim to the Delhi High Court's order granting bail to the accused un...
Bail in GST Offences – Regular Bail under Section 132 of the CGST Act – Right to Speedy Trial – Both petitioners sought regular bail after being accused of forming fake firms and fraudulently availing input tax credit worth Rs. 107 crore under Sections 132(1)(b) and (c) of the CGST Act – Allegation involved creation of 27 bogus entities and issuance of forged GST invoices &...
Anticipatory Bail – Sections 318(4), 336(3), 340(2), and 61(2) of the BNS - Alleged Facilitation of VISA Fraud – Bail Granted – The Applicant, a proprietor of an IELTS coaching centre, was accused of providing forged academic and financial documents to a student for submission to the U.S. Embassy – Held: The petitioner had joined the investigation on multiple occasions, and...
Criminal Law - Successive Bail Petition – Maintainability Before High Court After Earlier Rejections – Concurrent Jurisdiction – Petition Dismissed – The petitioner, accused of grave offences including sexual assault, sought bail under Section 439 Cr.P.C. despite prior dismissal by Sessions Court, High Court, and Supreme Court – Held: Though Sessions Court and High Co...