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...
Bail Appeal – Group Assault – Sections 118, 117 of BNS and SC/ST Act – Bail Granted – The appellant challenged rejection of bail under multiple sections of BNS, 2023 and SC/ST Act alleging injuries inflicted during an altercation – The High Court observed no specific role was initially attributed to the appellant and the parties had since entered into a compromise &nd...
Criminal Law – Default Bail - Sections 8(c), 22(c), 25, 29(1), 36A(4), 37(1)(b)(ii) of the NDPS Act - Extension of Statutory Remand Period – Requirement of Specific Reasons – Section 36A(4) NDPS Act – Extension Order Set Aside – The petitioner was arrested in connection with seizure of commercial quantity of methamphetamine and was in custody beyond 180 days – T...
Bail – Section 20(b)(ii)(A) read with Section 8(c) of the NDPS Act – Small Quantity of Contraband – Bail Granted – Petitioner found in possession of 4 kg of ganja, not a commercial quantity – Detained for 48 days – Material part of investigation completed, charge sheet pending – Court held that no apprehension of absconding or tampering with evidence exist...
Criminal Law - Anticipatory Bail – Civil Dispute Escalated to Criminal Litigation – Supreme Court Orders Executed – Conditional Bail Granted – Petitioners involved in property dispute culminating before Hon’ble Supreme Court in SLP No. 27400 of 2023 sought pre-arrest bail in cross criminal cases registered under Bharatiya Nyaya Sanhita alleging mutual criminal trespas...
Criminal Law - Bail – Sections 8(c), 20(b), 22(c), 23(c), 27-A and 29 of the NDPS Act – Conscious Possession Not Established – Bail Granted – The High Court allowed bail to the petitioner who was arrested after collecting a courier parcel containing 100 LSD blots, observing absence of evidence proving conscious possession and involvement in narcotics trafficking – Hel...
Criminal Law - Anticipatory Bail – Economic Offence – Sections 3 & 4 of PMLA – Bail Denied – Petitioner sought anticipatory bail contending false implication in ECIR case regarding cryptocurrency fraud – ED objected highlighting petitioner’s alleged mastermind role in running Ponzi scheme under fake crypto “Emollient Coin” – Allegations inc...
Criminal Law - Anticipatory Bail – Cancellation of Pre-Arrest Bail – Sections 143, 147, 149, 323, 387, 427, 452, 504, 506, 406, 403, 420, 467, 468, 471, 120B, 34 of the IPC -Grave Offences of Property Trespass and Threatening Complainant – Anticipatory Bail Cancelled – The appeals arose from the grant of anticipatory bail to the accused, including the estranged husband of t...
Bail – Non-appearance of Accused – Scope of Judicial Discretion – Bail Restored – The appellants, accused under Section 353 IPC and Sections 3(1)(r)(s) of SC/ST (PoA) Act, were earlier released on regular bail but remanded to custody due to non-appearance on a hearing date – High Court held absence was not deliberate, matter was pending for charge framing, and appella...
Criminal Law - Regular Bail – Prolonged Incarceration – Hostile Witnesses – Bail Granted – The appellant sought regular bail in FIR under Sections 302, 201, 120-B IPC and Section 3 of the SC/ST Act – All key prosecution witnesses including the complainant, eyewitness, and last seen witnesses had turned hostile – The appellant had undergone 2 years, 8 months and ...