Anticipatory Bail – Section 13(2), Haryana Gauvansh Sanrakshan and Gausamvardhan Act - Section 11, Prevention of Cruelty to Animals Act - Cow Slaughter Allegations – Habitual Offender – Bail Denied – Petitioner sought anticipatory bail under Section 482 BNSS in connection with FIR alleging transport of cows for slaughter in contravention of Haryana Cow Protection laws &ndas...
Criminal Law - Bail Cancellation – Sections 143, 147, 148, 120(B), 201, 302 Of IPC - Threat to Witnesses – Interference with Trial – Bail Cancelled – The prosecution sought cancellation of bail on grounds that Accused No.9 threatened PW.10 (approver), PW.30, and PW.40 – The Court accepted that there was prima facie evidence of threats, based on call records, witness e...
Bail – SC/ST Act – Deprived Scheduled Caste Accused – Applicability of Act in Question - Appellant sought bail contending he also belonged to Scheduled Caste and was not individually attributed with caste-based insult – Held: Appellant belongs to Khatik caste (notified as Deprived Scheduled Caste), and no specific role or caste abuse attributed to him – Applicability ...
Money Laundering – Bail on Medical Grounds – Section 45(1) PMLA – Interim Bail Granted – The petitioner, suffering from Spinocerebellar Ataxia Type 12, a rare and incurable neurodegenerative disorder, sought bail on grounds of being “sick and infirm” – Medical Board confirmed severe physical and cognitive disabilities – Held: The petitioner falls wit...
Anticipatory Bail – Sections 465, 468, 471, 409, and 420 of the IPC - Section 13(1)(c) read with 13(2), Prevention of Corruption Act - Serious Allegations of Corruption – Prima Facie Case Established – Bail Denied - The petitioner, a former writer at the Traffic Enforcement Unit, Muvattupuzha, was accused of misappropriating ₹20,90,750/- through falsification of expenditure vou...
Criminal Law - Preventive Relief – Quashing of Notice - Section 160 Cr.P.C. – Political Vendetta Allegation – Petitions Dismissed - Petitioners sought protection from arrest and quashing of notices issued under Section 160 Cr.P.C. in relation to FIRs involving NDPS and Prevention of Corruption Act alleging political harassment after dissociating from ruling party – Held: As...
NDPS Bail – Recovery from Premises – Section 42 NDPS Act – Bail Denied – The petitioner was arrested based on disclosure of co-accused and 30 grams of heroin was recovered from her premises – The Court found prima facie compliance with Section 42 of the NDPS Act, noting that prior information was recorded in the Daily Diary and appropriate permission was obtained for ...
Criminal Bail – Section 302 IPC – Delay in Trial – Bail Granted - The petitioner was accused of murdering the deceased Devinder Kumar with bamboo sticks and had been in custody since 11.04.2023 – Despite filing of the chargesheet on 03.07.2023, only 12 out of 52 witnesses had been examined – Held: Given prolonged incarceration, constitutional guarantee under Article 2...
Anticipatory Bail – Maintainability under SC/ST Act – Section 14A(2) Appeal Allowed – The appellant, father of the victim, challenged denial of anticipatory bail on grounds that SC/ST Act provisions did not prima facie apply as both accused and victim belonged to the same community – Held: In light of Shajan Skaria v. State of Kerala, anticipatory bail under Section 438 CrP...
NDPS Act – Interim Bail on Humanitarian Grounds – Bail Denied – The petitioner sought interim bail for six weeks under Section 22 NDPS Act on the ground that his widowed mother required urgent medical intervention for cardiac issues – Medical certificate indicated surgery was advised but not undertaken – Status report revealed availability of petitioner’s wife a...