Criminal Law – Bail Application – Prolonged Judicial Custody – Denial of Bail – Petitioner sought regular bail under Section 439 of Cr.P.C. in an FIR registered under Sections 302/120-B/34 IPC for the murder of two inmates inside a jail van – Petitioner has been in judicial custody for over nine years while only 32 out of 79 prosecution witnesses have been examined &n...
Bail – Discretion of Court – Judicial Custody and Completion of Investigation – Application under Section 439 Cr.P.C. by the accused, Dr. Efthickar Ahamed, who has been in judicial custody for 45 days, with the investigation completed and the final report filed – Supreme Court precedents emphasize bail as the rule and jail as the exception, with a focus on Article 21 of the...
Bail in UAPA Cases – Prima Facie Evidence – Under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967, the court must determine whether there are reasonable grounds for believing that the accusations against the accused are prima facie true – Held: The material collected by the NIA, including WhatsApp group activity, videos, pamphlets, and digital records, establish...
Bail - NDPS Act – Procedural Safeguards – Non-compliance Raises Doubts - The prosecution failed to adhere to the procedural requirements under Sections 42, 50, 52, and 52-A of the NDPS Act. Notably, there was a delay in recording the daily diary entry and preparing the inventory panchanama, as well as discrepancies in witness accounts, undermining the credibility of the prosecution'...
Bail Application – Criminal Antecedents – Grant of Bail Despite Previous Offenses – The petitioner, the fourth accused in a case involving murder and other serious offenses, sought bail, arguing that he has been in judicial custody for over a year and that all other accused have been granted bail – The Court noted that despite the petitioner's criminal antecedents, he h...
Bail Pending Trial – Allegations of Money Laundering – Proceeds of Crime – The petitioner, a former minister, was accused of laundering proceeds of crime arising out of corruption in tender allocation under the Punjab Foodgrains Labour & Cartage Policy 2020-21 – Allegations included acquiring proceeds of crime as immovable properties and gold worth crores, which were co...
Criminal Law – Anticipatory Bail – Petitioners, members of a family, accused of cheating and criminal breach of trust in a commodity trading dispute involving Rs. 37.75 crores – The court finds prima facie evidence against the petitioners of fraudulent intent, noting that they transferred properties to avoid liabilities – Claims of the dispute being civil in nature rejected...
Criminal Law – Bail - Bail Conditions for Foreign Nationals – Applicability of Civil Authority Notification – Compliance Mandated - The appellant challenged the procedural requirements for notifying Civil Authorities when bail is granted to foreign nationals. The court noted that under Clause 5 of the Foreigners Order, 1948, a foreigner cannot leave India without the Civil Author...