Sexual Assault – Bail Refused – Prima Facie Case Established - The appellant, a police officer, was accused of aggravated sexual assault on a minor girl belonging to a Scheduled Caste, during an SPC (Student Police Cadet) training program – Court examined the case diary and charge sheet, concluding that the evidence prima facie supported the prosecution’s case – Held:...
Criminal Law – Anticipatory Bail – Health Condition – Petitioner, a 75-year-old woman with advanced carcinoma, sought anticipatory bail. The Court considered her critical health condition and allowed her to join the investigation through video conferencing instead of traveling from the USA to Amritsar, Punjab [Paras 1-6].
Custodial Interrogation – Not Required – Co...
Criminal Procedure – Non-Bailable Warrants – Issuance of Non-Bailable Warrants (NBWs) – The issuance of NBWs against the petitioner was challenged. The court found that the NBWs were issued hastily and without following the proper legal procedure. It emphasized the need for proper judicial scrutiny and application of mind before issuing NBWs, as such warrants impact personal libe...
Bail – Grounds for Granting – Petitioner, a 22-year-old female student, sought bail after being in judicial custody for over seven months – Alleged involvement in a conspiracy with parents to kidnap a minor child for ransom – Prosecution claimed petitioner was the mastermind, but evidence primarily implicated parents – Supreme Court precedents emphasize bail as rule, ...
Criminal Law – Bail Application – Consideration of Evidence and Custodial Period
Petitioner accused of multiple serious offenses, including attempt to murder police officers, illegal possession of arms, and possession of narcotic substances – Prosecution alleges petitioner fired at police team with intent to kill – Defence argues false implication and fabrication of eviden...
Criminal Law – Bail – Prolonged Custody – Petitioner accused of murder, in judicial custody for 10 months, investigation complete and final report filed – Bail granted with stringent conditions.
Presumption of Innocence – Pre-conviction Imprisonment – Courts should not deny bail solely on public sentiment – Emphasis on presumption of innocence and right...
Criminal Law – Bail Application in Dowry Death Case – Petitioner, husband of the deceased Rekha @ Mamta, sought bail under Section 439 of Cr.P.C., contending her death resulted from an accidental fall. The petitioner argued that the injuries were minor and attributed the death to cardiac arrest. He claimed innocence and asserted the case was falsely foisted on him, lacking concrete evi...
Criminal Law – Successive Bail Application – Rejection of Bail Based on Lack of Change in Circumstances – The applicant sought bail under Section 439 of the Criminal Procedure Code, 1973, after the rejection of the earlier bail application by the High Court and its dismissal by the Supreme Court. The case involved charges under Sections 409, 420, 504, 506(2), and 120(B) of the In...
Grant of Bail – Intermediary Quantity under NDPS Act – Rigor of Section 37 Not Applicable – Bail Granted – The applicant was charged with possession of 14.700 grams of Mephedrone, which is below the commercial quantity threshold. The court held that the rigors of Section 37 of the NDPS Act were inapplicable and considered the completion of investigation and filing of charge...
Criminal Procedure – Anticipatory Bail – Section 438 Cr.P.C. – Application for Anticipatory Bail Post-Cancellation of Bail – Maintainability Challenged – The petitioner sought anticipatory bail after the addition of a graver offence (Section 376 I.P.C.) during investigation. The State challenged the maintainability of the petition, arguing that the petitioner should h...