Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation

"BAIL" Digest

Bail - Acid Attack – Role of the Accused – Whether Bail Can Be Granted – The petitioner was accused of being a key conspirator in an acid attack on a senior resident doctor—Prosecution alleged that he facilitated the crime by procuring acid and hiring juveniles to execute the attack—Held: Given the gravity of the offence, granting bail at this stage would not be appro...

Bail Application – Accused Charged Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act – Consideration of Offense Severity – Bail Granted - The appellant was accused of assaulting the complainant’s husband with a beer bottle, causing injuries, and making caste-based derogatory remarks. The Special Judge rejected bail, citing incomplete investi...

Bail Cancellation – Non-Service of Mandatory Notice – Section 15(A) of SC/ST Act – Petitioner sought cancellation of bail on the ground that he was not informed before the bail hearing – Bail was granted on 28.11.2022, but the official notice was sent only on 03.12.2022, after the bail order – Held: Section 15(A) of the SC/ST Act mandates prior notice to the victim be...

Bail – Anticipatory Bail in Forest Offenses – Applicability of Bharatiya Nagarik Suraksha Sanhita, 2023 – The petitioner, accused of involvement in illegal felling of sandalwood trees, sought anticipatory bail – The prosecution argued that custodial interrogation was essential for recovery and further investigation – Held: Bail is the rule, and jail is the exception u...

NDPS Act – Bail Application – Prima Facie Violation of Section 50 Found – Bail Granted – The trial court found a prima facie violation of Section 50 of the NDPS Act and reasonable grounds to believe that the accused was not guilty – However, bail was denied on the ground of past involvement in another NDPS case – The High Court held that mere antecedents cannot ...

Bail - NDPS Act – Procedural Lapses in Search and Seizure – Section 50 Not Complied With – Bail Granted – The petitioner, a foreign national, was arrested based on secret information, and 57 grams of Amphetamine was allegedly recovered from his possession – The petitioner argued that the police failed to comply with mandatory provisions under Section 50 of the NDPS Ac...

Bail in POCSO and IPC 376 Cases – Consideration of Consent and Delay – Accused Granted Bail – The applicant was accused of repeated sexual assault over 15 months; the prosecutrix was 16 years old at the time of filing the FIR – The court considered mitigating factors, including the consensual nature of the relationship, delay in filing the FIR, and absence of coercion &ndas...

Criminal Law – Defamation – Section 356 BNS Applies Only if Public Good is Not Served – The petitioner was accused of publishing a book titled "The Real Reason Why Legend Died", along with videos, podcasts, and reels, allegedly defaming the family of Sidhu Moosewala – The Court held that mere publication of controversial content does not automatically amount to cr...

Bail – Economic Offences – Prolonged Incarceration Without Trial – Right to Speedy Trial Under Section 437(6) CrPC – The appellant was accused in a cryptocurrency scam and in custody since December 2023 – The prosecution intended to examine 189 witnesses, significantly delaying trial completion – Held: Even in economic offences, prolonged incarceration without s...

Bail – Prolonged incarceration of undertrial prisoner – Right to speedy trial – Article 21 of the Constitution – The appellant had been in custody since 24th March 2020, with the prosecution yet to complete the examination of 100 witnesses – The Court emphasized that prolonged incarceration without trial completion violates the fundamental right to a speedy trial &nda...