Criminal Law – Bail Application – Prima Facie Evidence and Presumption of Innocence – Petitioners sought bail in a case involving allegations of rape and gang rape added post FIR registration. The High Court granted bail considering the inconsistencies between the initial complaint and subsequent statements under Section 164 Cr.P.C., and the lack of prima facie evidence to suppor...
NDPS Act – Compliance with Section 52A(2) – Bail Application – Appellant convicted for possession of 610 gms of smack under Section 8(C) read with 21(c) of the NDPS Act. Bail application based on alleged non-compliance with mandatory procedures under Section 52A(2) of the Act, which requires the presence of a Magistrate during the sampling and certification of seized contraband &...
Juvenile Justice – Bail for Child in Conflict with Law (CICL) – Presumption of Release – The petitioner, a juvenile, sought bail after denial by both the Juvenile Justice Board (JJB) and the appellate court, despite the Juvenile Justice Act’s reformative stance – The High Court reiterated that, under Section 12 of the J.J. Act, 2015, bail is the rule and refusal an ex...
Money Laundering – Section 45 PMLA – Twin Conditions and Long Incarceration – Applicant filed for bail in an ongoing PMLA case where he is accused of siphoning ₹71.78 Crore from a cooperative bank – Applicant had completed over half of the maximum sentence, i.e., 3 years and 6 months in custody – Held: Despite the rigors of Section 45 PMLA, constitutional ...
Bail – Commercial Quantity of Ganja – Rebuttal of Statutory Presumption under Section 37 of the NDPS Act – Bail Granted - The petitioner was found in possession of 200 kg of ganja, classified as a commercial quantity under the NDPS Act, raising a statutory presumption against bail under Section 37 – The petitioner argued procedural violations, particularly improper sampling...
Service Law – Appointment in Police Force – Acquittal in Criminal Case – Eligibility for Appointment – The petitioner challenged the rejection of his appointment to the Delhi Police due to past involvement in a criminal case from which he was acquitted – He was provisionally selected for the post of Sub-Inspector but his candidature was cancelled by the Screening Comm...
Forum Shopping and Non-Disclosure in Bail Applications – Cancellation of Bail – Section 439(2) CrPC – Bail initially granted to the accused, Rajesh Singh, was challenged by the complainant, alleging forum shopping and misrepresentation by the accused, who filed multiple applications without disclosing facts to obtain interim relief – The High Court found that the accused&rs...
Bail Application – Principle of Bail as a Rule, Jail as an Exception – The Court reiterated the principle that bail should be the norm and jail the exception, especially when an accused has been in prolonged custody. The petitioner has been detained since September 2020, and given the stage of the trial and lack of criminal antecedents, extended custody was deemed unwarranted [Paras 40...
Criminal Law – Bail - Jurisdiction of Court in Bail Conditions – Extent of Conditions under Sections 437(3) and 439 CrPC – Conditions for Bail Set Aside - The High Court, while granting bail to the appellants, imposed conditions mandating the removal of a wall and transferring possession of disputed property to the complainant, thus encroaching upon the jurisdiction of the civil ...
Anticipatory Bail – Economic Offences – Petitioners seeking pre-arrest bail in case of alleged cheating of Rs. 33,80,000/- on promise of arranging a loan – Petitioners accused of failing to arrange loan or return amount – Petitioners contending innocence and civil nature of transaction – Court considered seriousness and gravity of economic offence – Custodial in...