Criminal Law – Bail – Section 439 CrPC – Custody of two years and four months – The petitioner sought regular bail, charged with attempting to murder under Sections 324, 307, and 506 of the IPC. The prosecution claimed the petitioner stabbed the victim with a knife during a dispute. Despite over two years of incarceration, no prosecution witnesses had been examined, and the...
Criminal Law – Arrest and Bail – Allowed - High Court Judgment – Appellant Arvind Kejriwal's arrest upheld by the High Court for alleged involvement in manipulation of the Excise Policy for undue gains. High Court denied regular bail. Appellant challenged arrest procedure under Sections 41(1) and 41A of CrPC. Held: Arrest not illegal, but continued incarceration pending trial...
Criminal Law – Transit Anticipatory Bail – Sought for offences under Sections 498A, 323, and 504 of IPC and Sections 3 and 4 of the Dowry Prohibition Act – The petitioners filed for anticipatory bail in Karnataka while the case was registered in Uttar Pradesh – Held: Granted transit anticipatory bail for three weeks to enable petitioners to seek anticipatory bail from the j...
Criminal Law – Prevention of Money Laundering Act (PMLA) – Bail Granted – The appellant, Manik Bhattacharya, was arrested by the Enforcement Directorate (ED) for allegedly receiving Rs. 7,00,000 from 44 candidates – Charged under Section 3, read with Section 70, and punishable under Section 4 of the PMLA, 2002 – His bail applications were denied twice by the trial cou...
Criminal Law – Statutory Bail – Sections 167(2) CrPC and 36A(4) of the NDPS Act – Whether the accused is entitled to statutory bail under Section 167(2) of the CrPC in light of the failure to complete the investigation within the prescribed time frame – Held, the petitioner is entitled to statutory bail, as the final report has not been filed within 90 days, and the contrab...
Criminal Law – Anticipatory Bail – Section 438 of CrPC – Whether anticipatory bail can be granted to a person already in custody for a different offence – Held, an accused can apply for anticipatory bail in relation to a different offence while in custody – Supreme Court clarifies that arrest in one offence does not preclude arrest for another, and formal arrest can b...
Bail – Regular Bail – Conspiracy and Murder Charges – Petitioner sought regular bail, claiming false implication and lack of direct evidence. The petitioner was not named in the original FIR and was arrested based on the co-accused’s disclosure. The court noted the petitioner’s prolonged detention, absence of a direct role in the crime, and the bail granted to co-accu...
Criminal Law – Regular Bail – Section 439 CrPC and Section 45 PMLA – Bail for a woman under PMLA – The petitioner applied for regular bail under Section 439 CrPC, arguing that she was wrongfully implicated in a money laundering case linked to her father’s illegal activities. She was accused of laundering approximately ₹12 crores through her companies from proceeds o...
Criminal Law – Bail application – Accused allegedly caused fatal injuries to his mother during a quarrel – Accusations based on circumstantial evidence – Petitioner in judicial custody for over a year – Investigation complete but trial delayed – Petitioner's right to life under Article 21 of the Constitution considered – Bail granted subject to stringe...
Criminal Law – Bail Application – Addition of Charges under Section 302 IPC – The petitioner was initially granted bail under Sections 304 and 201 IPC for the death caused by an overdose of intoxicants. Later, Section 302 IPC was added based on medical evidence indicating a head injury. The petitioner was re-arrested. Court noted that out of 26 prosecution witnesses, none had bee...