Criminal Law – Bail under Prevention of Money Laundering Act (PMLA) – Appellant, a former Minister in Tamil Nadu, was arrested for alleged money laundering under Section 3 of the PMLA – Accused of collecting large sums by promising job opportunities in the Transport Department – Bail application rejected by the High Court – On appeal, the Supreme Court considered the ...
Criminal Law – Bail in Rape Case – Compromise with Victim’s Family – The petitioner sought bail in a case involving the rape of an 11-year-old girl, citing a compromise with the victim's family. The court rejected the bail application, emphasizing that in cases involving minors, any compromise lacks legal validity. The State has a duty to prosecute such offenses rigorou...
Anticipatory Bail – Conspiracy to Commit Murder – Role of Petitioner – The petitioner was implicated based on the disclosure statement of co-accused persons and alleged participation in a conspiracy at a farmhouse – No overt act attributed to the petitioner – Other similarly placed co-accused had already been granted bail – Held: Anticipatory bail granted as no ...
Criminal Procedure – Bail – Section 326A IPC – Appellant accused of throwing acid on his wife during a matrimonial dispute – Injuries confirmed to be erythema with no burn injuries or loss of vision – Petitioner in judicial custody for 80 days – Investigation complete – Bail granted with stringent conditions [Paras 1-10].
Judicial Discretion – Bai...
Bail Petition – Change in Circumstances – Successive Bail Applications – Change in Circumstances Justified – The petitioner, previously denied bail, filed a subsequent petition based on new evidence where the victim and her mother claimed she was major at the time of the incident, and the relationship was consensual – Held: New statements of the victim and her mother,...
Criminal Law – Bail Application – Prolonged Incarceration – Petitioner in custody since January 2021 – Trial progressing slowly with only 12 out of 30 prosecution witnesses examined over more than three years – Court held that right to a speedy trial is a fundamental right under the Constitution of India – Bail granted due to undue delay in trial [Paras 1-5].
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Criminal Procedure – Anticipatory Bail – Factors to Consider – High Court granted anticipatory bail to respondents accused under Sections 302, 341, 323, 307, 504, and 34 of IPC – Appellant challenged the order, citing specific allegations in FIR and chargesheet indicating respondents’ involvement in setting the deceased ablaze with intent to kill – Supreme Court...
Criminal Law – Bail in NDPS Cases – Section 21(c) NDPS Act – Bail Granted – The appellant had been in custody since April 2023 in connection with the seizure of Codeine Phosphate syrup. Despite the filing of the chargesheet and supplementary chargesheet, the trial was not set to commence until January 2025. The Supreme Court granted bail, considering the prolonged pre-trial...
Bail – Cancellation – Suppression of Material Facts – The respondent Indira Kumari @ Tanu secured bail by suppressing material evidence against her, specifically the statements of last seen witnesses recorded under Section 164 Cr.P.C. The bail was granted under the false premise that there was no evidence against her. This concealment and misrepresentation amounted to an abuse of...
Bail – Conditions for Grant – Judicial Custody Duration – Petitioner arrested for assault with a wooden stick, causing grievous injuries – Petitioner in custody for 30 days, investigation complete, no criminal antecedents – Bail granted with stringent conditions to prevent evidence tampering and ensure compliance with legal procedures [Paras 1-10].
Criminal Jurispr...