Bail – Gangster Act – Second Bail Application – Rejection for Lack of New Grounds – Applicant sought bail under Section 2/3 of the Gangster Act after rejection of earlier application – Criminal history of 11 cases spanning from 2013 to 2023 including prior Gangster Act charges – No new grounds urged beyond continued incarceration and parity with co-accused &ndas...
Criminal Law - Anticipatory Bail – Maintainability Before High Court – Concurrent jurisdiction of Sessions Court and High Court – Applicant directly approached High Court without first applying before Sessions Court – Applicant not residing within jurisdiction of Sessions Court where FIR lodged – Held: Petition maintainable under Clause 26(B) of Full Bench decision in...
Criminal Law – Anticipatory Bail – Cancellation – Factors to be Considered – The Appellant (Complainant) challenged the High Court's grant of anticipatory bail to the Respondent (Accused), a Senior Accountant alleged to have embezzled over Rs. 3 Crores – Held: The High Court erred by taking a mechanical route and failing to consider the investigation status report...
Criminal Law – NDPS Act – Bail – Commercial Quantity – Section 37 – Applicant found with 460 grams of MD (Commercial Quantity) – Held: The rigors of Section 37 apply. The Court must be satisfied that there are reasonable grounds to believe the accused is not guilty. Given the recovery and circumstances, such satisfaction cannot be recorded. [Paras 12-14]
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Criminal Law – Anticipatory Bail – Corruption/Misappropriation of Public Funds – MGNREGA Scheme – Petitioners (vendors) accused of conspiring with officials to divert funds meant for chicken coops, wells, and cattle sheds by falsifying records – Total misappropriation approx. Rs. 2 Crores – Held: In serious offences involving corruption and misappropriation of p...
Criminal Law – Bail - Rape Allegation – Consent – Breach of Promise to Marry – Petitioner accused of offences under Sections 69 and 75(1) r/w 3(5) of BNS for allegedly refusing to marry the victim after a consensual relationship – Relationship between petitioner and respondent lasted over three years – Victim lodged complaint only after petitioner refused marria...
Criminal Law – Anticipatory Bail – Complaint under Drugs and Cosmetics Act – Petitioner apprehending arrest in complaint for unauthorized sale of nicotine-based e-cigarettes without valid license – Prosecution opposed maintainability citing proclamation proceedings under Section 82 CrPC – Held: Petition maintainable under Section 482 BNSS as petitioner had challenged ...
NDPS Act – Bail – Disclosure Statement of Co-Accused – Weak Evidentiary Value – Petitioner implicated only based on co-accused’s disclosure; no recovery from petitioner; Court holds disclosure statement without corroboration cannot be sole basis for implication; evidentiary value to be tested at trial – Raises serious doubts regarding fairness of investigation [...
Unlawful Activities (Prevention) Act, 1967 – Section 43-D(5) – Bail – Prolonged Custody – Right to Speedy Trial – Article 21 – Appellant accused of aiding and abetting hoisting of “Khalistani” flag on D.C. Office, Moga, under influence of banned organization “Sikhs for Justice” – No recovery from appellant except mobile phone &ndash...
Juvenile Justice Act, 2015 – Section 12 – Bail to Child in Conflict with Law (CCL) – Gravity of Offence vs. Statutory Mandate – Held: While the alleged offence (RPG attack on Police Station) is grave, Section 12 mandates bail as a rule for juveniles, irrespective of the nature of the offence (bailable or non-bailable) – Bail can only be denied if there are reasonable ...