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 ...
Bail in Money Laundering Case – Twin Conditions Under Section 45 PMLA – Bail Granted – Petitioner, former bank president, arrested in connection with ECIR/BGO/05/2021 for offence under Section 4 PMLA – Court considered that trial was unlikely to commence soon, complaint had been filed, and proceedings in predicate offences were either stayed or not yet cognized – Held...
Anticipatory Bail – Sections 302, 323, and 34 of the Indian Penal Code, 1860 (IPC) - Role Introduced via Supplementary Statement – No Injury Attributed – Bail Granted – The petitioner, aged 67, was not named in the FIR and was later implicated for allegedly catching the victim’s beard and inciting his co-accused to assault – No injury attributed to the petitione...
Criminal Law – Quashing of Bail Cancellation – Section 528 of BNSS - Cancellation of Bail Due to Non-Appearance – Order Set Aside – Petitioner failed to appear before the trial Court on 08.07.2024 due to noting the wrong date – Trial Court cancelled bail, forfeited bail/surety bonds, and issued non-bailable warrants – Held: Non-appearance was neither deliberate ...
Criminal Law - Bail – Cancellation – Maintainability – Section 483(3) of BNSS – Petition Not Maintainable – The petitioner sought cancellation of bail granted to the accused under Section 4 of the POCSO Act and relevant BNSS provisions – Held: Cancellation of bail primarily lies before the court that granted it – Section 483(3) of BNSS (equivalent to Secti...
Bail – Interim Bail – Mother with Minor Children – Interim Bail Granted – The petitioner sought interim bail for 90 days citing the need to care for her two minor children, including a newborn delivered in jail – Held: Considering that the applicant has been in judicial custody since 12/12/2024, the investigation is complete, the chargesheet has been filed, the co-acc...
Anticipatory Bail – Alleged Caste-Based Assault – Sections 3(1)(s), 3(2)(va) of the SC & ST Act - Prima Facie Offence Under SC/ST Act Not Attracted – Appeal Allowed – Appellant accused of attacking de facto complainant and using caste-based slur – Held: Allegations serious, but no prior criminal record – Prima facie ingredients of SC/ST Act offences not clea...
NDPS Act – Conscious Possession – Commercial Quantity – Bail Denied – Petitioner found present in vehicle from which 3.575 kg of charas was recovered – Court held that physical presence in a private vehicle carrying commercial quantity of narcotic substance raises presumption of conscious possession under Sections 35 and 54 of NDPS Act – No explanation from peti...
Bail – Rape – POCSO Act - DNA Report – Admissibility at Bail Stage – Interim Assessment - DNA evidence considered as opinion evidence which requires proof in trial – Delay in analysis and questions regarding sample collection and testing procedures raised doubt – Held: DNA report cannot be treated as conclusive proof at bail stage and bail granted considering lo...
Criminal Law - Bail – Sections 302, 201, 365, 34 of the IPC Section 3(2)(v-a) of the SCST Act - Prolonged Custody – No Witness Examined – Bail Granted – Appellant arrested in October 2023 in murder case involving Section 302 IPC and SC/ST Act – Challan presented, but no prosecution witness examined after over 1 year and 7 months – Held: In absence of progress in...