Bail - Dowry Death – Suicide at Parental Home – Section 304B IPC – Bail Denied - Accused sought bail on grounds that the deceased committed suicide at her parental home and not matrimonial home, and that no harassment occurred “soon before” her death – Court held: Location of suicide irrelevant for Section 304B IPC—what matters is ongoing matrimonial relat...
Bail – Sections 307, 452, 147, 148, 149 of the Indian Penal Code, 1860 (IPC) - Second Bail Application – No Change in Circumstance – Petition Dismissed – Petitioner filed second application for regular bail after earlier rejection without demonstrating any substantial change in fact or law – Held: In absence of new material circumstances, successive bail plea amounts ...
Bail – Anticipatory Bail in Economic Offences – Orders Set Aside – SFIO challenged anticipatory bail granted to several accused by the High Court despite earlier non-bailable warrants and proclamation orders issued by the Special Court – Held: High Court erred in granting anticipatory bail ignoring mandatory provisions under Section 212(6) of the Companies Act and repeated ...
Criminal Law - Bail – Section 14-A SC/ST Act – Double Murder Allegation – Bail Denied - Appellant sought regular bail after rejection by Special Judge in a case involving lynching of two individuals accused of theft – Court noted deceased had named appellant in medical history prior to dying declaration – Held: Multiple consistent versions and severity of offence just...
NDPS Act – Anticipatory Bail – Section 37 Rigours – Bail Denied - The petitioner was implicated in a case involving trans-border drug smuggling through drones and was named in a co-accused's disclosure statement – Investigation revealed communication through encrypted WhatsApp calls and exchange of coordinates for drone deliveries of heroin – Held: The petitioner ...
Bail - NDPS Act – Minor Discrepancy in Sample Weight – Bail Denied – The petitioner contended that there was a discrepancy between the sample weight recorded before the Metropolitan Magistrate and the FSL report, suggesting tampering – Held: The discrepancy was minor and could be attributed to moisture loss – FSL did not indicate any tampering of the seal – Mino...
Regular Bail – SC/ST Act – Conspiracy and Assault Allegations – Bail Granted – Appellant accused of hatching conspiracy to assault complainant over financial dispute – Co-accused allegedly attacked complainant using weapons, causing grievous injuries – Court held that while injuries were serious, they were not lifethreatening – SC/ST allegations not direct...
Bail under NDPS Act – Recovery Marginally Exceeding Commercial Quantity – Bail Granted – The petitioner was found with 55 kg poppy husk and 500 grams opium – The Court observed that the recovery was marginally over the commercial quantity limit – Petitioner was in custody for 1 year and 5 days – Only 2 out of 20 prosecution witnesses examined – Trial likel...
NDPS Act – Bail in Commercial Quantity – Section 37 NDPS Act – Bail Granted – Petitioner in custody for 1 year 6 months with no criminal antecedents – Although rigors of Section 37 apply, Supreme Court precedents permit relaxation when custody is unduly prolonged – Held: Bail granted subject to conditions [Paras 8-16].
Prolonged Pre-trial Detention – Ar...
UAPA Bail – Prima Facie Case – Appellant Found in Possession of Looted Prohibited Arms – Bail Denied - Appellant apprehended in camouflaged dress along with looted prohibited bore weapons during Manipur ethnic violence – Investigation reveals Appellant’s past criminal history, training, and active participation in PLA activities – Recovery linked to stolen state...