Criminal Law - Bail under PMLA – Continued Incarceration – Right to Liberty – Bail Granted - Petitioner implicated under PMLA for alleged role in diversion of funds through Shivakriti Agro Pvt. Ltd. and facilitating re-acquisition of M/s Sunstar Overseas Ltd. via shell entities – Though alleged to be a close aide of key accused Rohit Aggarwal, petitioner not named in predic...
NDPS Act – Bail under Section 483 BNSS – Disclosure Statement – Bail Denied – Petitioner not named in FIR, implication based on disclosure statement of co-accused – No recovery effected from petitioner – Petitioner allegedly managed drug money laundering firm – Allegations of concealment of heroin in tomato ketchup and juice bottles – Evidence includ...
NDPS Bail – Section 37 NDPS Act – Twin Conditions Not Satisfied – Bail Denied - The petitioners sought regular bail in FIR involving seizure of over 3 crore tablets and capsules of psychotropic substances, drug money, vehicles, and mobile phones – Petitioners included directors of pharmaceutical firms, chemists, and transporters – Charges framed, 54 out of 160 prosecu...
Bail – Long Incarceration without Trial – Bail Granted – The petitioner had been in custody for over four years in a case involving charges under IPC and MCOCA – Only four of 67 prosecution witnesses had been examined – Supreme Court noted prolonged trial and granted bail subject to stringent conditions, without commenting on merits [Paras 6–9].
MCOCA Charges...
Bail - NDPS Offense – Commercial Quantity – Application of Section 37 – Bail Granted – Petitioner accused of possessing 71 Buprenorphine injections, constituting commercial quantity under FSL report – Despite applicability of statutory bar under Section 37, prolonged incarceration of 1 year and 5 months invoked constitutional protection under Article 21 – Held: ...
Anticipatory Bail – Direct Approach to High Court – Permissibility in Special Circumstances – Application Allowed – Applicant directly approached the High Court bypassing Sessions Court citing rejection of interim protection to co-accused and risk of similar denial – Court held that special circumstances were made out, particularly due to applicant’s young age a...
PMLA Offence – Bail Rejection – Serious Economic Fraud – Bail Denied – Petitioner accused of defrauding over ₹800 crores from flat buyers through a fictitious housing project – Despite attachment of ₹161.5 crores, further investigation ongoing to trace remaining proceeds of crime – Held: Given gravity, conduct of petitioner, and ongoing investigation, bail c...
Bail – Parity with Co-Accused – Not Applicable – Petitioner Alleged to Have Driven the Getaway Vehicle – The petitioner sought bail claiming parity with co-accused Sifarish Khan and Akhileshwar Kumar @ Sanjay, who had been granted bail earlier – Held: The petitioner was directly involved in the commission of the robbery, driving the motorcycle with a fake number plate...
Criminal Law – Sect. 138 N.I. Act - Bail Cancellation – Non-Appearance Due to Health – Bail Restored – Petitioner’s bail was cancelled and non-bailable warrants issued for non-appearance in a Section 138 NI Act case – Held: Absence was unintentional, caused by medically proven encephalopathy – Trial Court’s action in issuing arrest warrant without no...
Anticipatory Bail – Allegation of Abetment to Suicide – Grant of Interim Protection – Bail Granted - Petitioners (wife and son of deceased) sought anticipatory bail under Section 438 CrPC in FIR No. 431/2024 under Sections 306/34 IPC – Allegations included harassment of deceased and forced consumption of poison – Petitioners contended deceased had psychiatric illnesse...