Anticipatory Bail – Maintainability Despite Section 35 BNSS – Sessions Court Erred in Disposing Petition – Petitioner sought anticipatory bail in a case under the Bharatiya Nyaya Sanhita and Arms Act – Sessions Judge declined to decide the bail plea, instead referring petitioner to approach the police citing a prior High Court judgment – Held: Such abdication of judic...
Criminal Law – Bail - Terror Offences under UAPA – Bail Considerations – FIR registered under various provisions of UAPA, Arms Act, and IPC against 17 accused – Accused no.11 (Saleem Khan) allegedly involved in meetings of AL-Hind, which is not a proscribed organization – Accused no.20 (Mohd. Zaid) allegedly connected to banned outfits and active on the dark web &ndas...
Criminal Law – Bail in Corruption and Conspiracy Case – Delay in Trial and Right to Liberty – Bail Granted - The appellant was incarcerated for nearly three years under charges of corruption and forgery under IPC and PC Act – Investigation completed, charge sheet filed, but charges not framed – Held: Continuing incarceration without framing of charges or examining wit...
Criminal Law - Bail – Sections 302, 307, 333, 353 of the IPC - Non-Reasoned Order – High Court’s Grant of Bail Without Recording Reasons – Set Aside – The respondent-accused was granted bail by the High Court in a serious offence involving the murder of a project coordinator and his bodyguard – Supreme Court found that the High Court failed to assign any reasons...
Bail Appeal – Section 14-A(2) SC/ST Act – Appeal Allowed – The appellant challenged rejection of his bail applications in offences under IPC including Section 376, 376D and SC/ST Act – Victim’s statement under Sections 180 and 183 BNSS contained contradictions; no supporting medical evidence; trial yet to commence – Court found that essential ingredients of SC/S...
Criminal Procedure – Anticipatory Bail – Compliance with Supreme Court Directions – Accused not arrested during investigation – Charge-sheet filed without custodial interrogation – Applicant seeks protection from judicial remand on appearance before trial court – Held: In line with settled law in Gurbaksh Singh Sibbia, Sushila Aggarwal, Siddharth, Satender Kumar...
NDPS Act – Bail in Commercial Quantity Case – Section 37 NDPS Act – Bail Rejected – Petitioners arrested with 203.306 kg of ganja filed for bail under Sections 437 and 439 CrPC and Sections 480 and 483 BNSS – Petitioners argued prolonged incarceration of 641 days infringed Article 21 rights – Court held that twin conditions under Section 37 of NDPS Act were not ...
Criminal Law – Bail in Multiple FIRs – Clubbing of FIRs – Builder Fraud – Section 420 IPC and Section 138 NI Act – FIRs Clubbed - The petitioner, a director of “Agrani Homes”, faced 81 FIRs by home buyers alleging fraud in collection of Rs.13.94 crore for undelivered flats – Supreme Court held that clubbing of all FIRs was appropriate, treating the f...
Criminal Bail Law - Bail Granted to Accused in Brutal Murder Case Set Aside – Serious Offences, Abscondence, and Witness Intimidation Ignored – Judicial Discretion Misapplied – The Supreme Court allowed the appeal filed by the complainant against the Delhi High Court's order granting regular bail to accused Sushil Kumar, a renowned wrestler, in a case involving abduction, ass...
Criminal Law – Bail - Terrorism Case – Bengaluru Riots of 11.08.2020 – Bail Rejected – Sections 16, 18, 20 UAP Act – Accused Nos. 6 & 20 alleged to have conspired, mobilized mobs, vandalized police station, burnt vehicles, and attacked police personnel – Earlier bail rejections upheld by High Court and Supreme Court – Contention of delay in trial and c...