Criminal Procedure – Anticipatory Bail – Interim Bail – Article 21 – Petitioners sought anticipatory bail which was refused by High Court – Supreme Court upheld refusal but clarified the legal position that courts hearing regular bail applications possess inherent power to grant interim bail pending final disposal – Held: Right to liberty and reputation is part ...
Criminal Procedure – Section 167(2) CrPC – Default Bail – Cognizance under TOHO – Appellants arrested in connection with organ transplant racket – CBI filed complaint under Section 22 of the Transplantation of Human Organs Act, 1994 – Appellants claimed entitlement to statutory bail as no chargesheet (police report) was filed within 90 days – Held: CBI, th...
NDPS Act – Bail – Commercial Quantity – Section 37 NDPS Bar Applies – Huge quantity of methamphetamine (8 kg), a 9 mm Sig Sauer pistol with magazines and ammunition recovered from vehicle driven by accused – Confession, videography of recovery, and corroborated documentation including arrest and seizure memo – Held: Prima facie case exists – No reasonable ...
Criminal Law – Bail – Abetment of Suicide – Charge-sheet filed under Section 306 IPC after initial FIR for murder – Allegations based on last-seen theory and post-mortem injuries – Doctor’s opinion ruled out strangulation – Court held that cause of death was drowning and injuries were simple and ante-mortem – Bail granted considering petitioner&rsquo...
UAPA – Bail – Prima Facie Accusation Not Made Out – Section 43-D(5) – Appellant arrested for alleged links with banned terrorist organizations and accused of maintaining accounts for drug and arms smuggling operations – Prosecution relied only on co-accused’s disclosure and vague secret information – No recovery made from appellant – No material corr...
Criminal Procedure – Anticipatory Bail – Grant Without Cogent Reasons – High Court granted anticipatory bail to accused in murder case under Section 302 IPC and Section 27 Arms Act – Accused allegedly extorted money from the deceased, a health worker, and hired contract killers upon her failure to pay – Supreme Court held that the High Court failed to record adequate ...
Criminal Law – NDPS Act – Remand Extension – Violation of Article 21 – Accused not produced physically or virtually during hearing of extension application under Section 36A(4) of the NDPS Act – Held: Failure to ensure presence of the accused during such hearing constitutes gross illegality and violates fundamental right to fair procedure under Article 21 of the Const...
Criminal Law – SC/ST Act – Anticipatory Bail – Maintainability – Where the allegations in FIR do not disclose a prima facie offence under the SC/ST Act, bar under Sections 18 and 18A of the Act does not apply – In such cases, anticipatory bail is maintainable under Section 438 CrPC [now Section 482 BNSS] before the High Court – Held: High Court retains concurren...
Criminal Procedure – Pre-Arrest Bail – Maintainability – Petition under Section 482 BNSS filed directly before High Court without first approaching Sessions Court – Petitioner sought anticipatory bail in a case involving alleged fraud and cheque dishonour related to ₹16.46 lakhs in unpaid dues for maize – Held: Though High Court has concurrent jurisdiction under Sec...
Bailable Offences – Right to Bail – Sections 480 & 483 BNSS – Magistrate and ADJ dismissed bail pleas despite offences being bailable – Held: In bailable offences bail is a matter of right, not discretion – Denial violated Article 21 – Orders mechanical and casual [Paras 1-2, 5, 13].
Personal Liberty – Constitutional Safeguard – Article 21 &nd...