False Information to Authorities – Section 58(2) of the NDPS Act – Disproportionality in Sentencing – Petitioner accused of providing false information to authorities, leading to the arrest of an innocent woman (Sheela Sunny) under Section 22(c) of the NDPS Act – Held: False implication in NDPS cases can have devastating consequences; penalties for such false accusations mu...
Bail in NDPS Cases – Prolonged Incarceration – Section 21 and 29 of NDPS Act – Bail Granted – The petitioner, accused of possessing intermediate quantity of contraband, has been in custody for over one year and three months, with trial expected to take considerable time – Out of 23 prosecution witnesses, only four have been examined, with delay not attributable to the...
Bail Application – Offenses under Bharatiya Nyaya Sanhita and Motor Vehicles Act – Applicant arrested for rash driving under the influence of alcohol (42.5% BAC), evading checkpoints, and damaging public property – Charged under Section 110 of the Bharatiya Nyaya Sanhita (non-bailable), along with bailable offenses under the Bharatiya Nagarik Suraksha Sanhita and Motor Vehicles A...
Criminal Law – Anticipatory Bail – Section 14A of SC/ST Act, 1989 – Maintainability – Petitioners sought anticipatory bail for offenses under IPC and SC/ST Act – Respondent argued bar under Sections 18 and 18A of SC/ST Act on anticipatory bail – High Court held that where allegations prima facie disclose offenses under the SC/ST Act, anticipatory bail petitions ...
Bail Application – Long Incarceration and Trial Progress – Regular Bail Granted – Appellant had been in custody for over 14 months and trial proceedings were nearing completion, with only three witnesses yet to be examined – Victim (PW-1) turned hostile during deposition, reducing the likelihood of conviction – Supreme Court observed that continued incarceration was u...
Bail Application – NDPS Act – Long Incarceration – Section 439 Cr.P.C – Sections 18, 21, 25, and 29 of NDPS Act – Petition filed seeking regular bail citing prolonged incarceration (over 2.5 years) and non-compliance with procedural requirements in the investigation – Held: Restrictions under Section 37 of the NDPS Act are outweighed by the right to a speedy tri...
Bail Application – Conditions for Granting Bail to Foreign Nationals – The petitioner, a foreign national facing charges under Section 14 of the Foreigners Act and Section 174-A IPC, was granted regular bail. The Court imposed conditions including a personal bond of ₹50,000, surrendering her passport, and restrictions on leaving the Delhi NCR without permission. The petitioner was de...
Bail in NDPS Cases – Possession of Commercial Quantity – Section 37 NDPS Act – Rigorous Conditions for Bail – Applicant was accused of possessing 220 grams of Mephedrone (MD), a quantity far exceeding the commercial threshold – Section 37 of the NDPS Act imposes stringent conditions for bail, requiring the court’s satisfaction that the accused is not guilty and ...
Anticipatory Bail – Imposition of Maintenance Condition – High Court Exceeded Jurisdiction – Condition Set Aside – Held: Bail conditions under Section 438 CrPC should ensure that the accused does not abscond or evade trial – Imposing a condition to pay maintenance is irrelevant to the bail process and is beyond the scope of the court's power – Reference made...
Criminal Law – Bail in Economic Offences – Forgery and Cheating – Prima Facie Case – FIR registered against the accused for furnishing forged bank guarantees (BGs) and misappropriating goods worth ₹3.06 crores supplied on credit – Chargesheet alleged that the Applicant, as Managing Director, supervised the furnishing of the forged BGs – High Court held: Eviden...
