Criminal Law – Juvenile Justice – Regular Bail Petition – Section 439 Cr.P.C. – Section 6 of POCSO Act, 2012 – Section 12 of Juvenile Justice Act, 2000 – Juvenile petitioner ordered to be tried as an adult. Court held that under Section 12 of the Juvenile Justice Act, a juvenile in conflict with law is entitled to bail irrespective of the nature or gravity of th...
Criminal Procedure - Anticipatory Bail - Second Application - Change in Circumstance- Change in Fact-Situation – Petition under Section 438 Cr.P.C. for anticipatory bail – Held: A second anticipatory bail application can be filed only if there is a change in fact-situation or law which requires the earlier view being interfered with, or where the earlier finding has become obsolete. Me...
Juvenile Justice - Bail - Section 12 of the Juvenile Justice Act, 2015 - Revision petition against the denial of bail to juvenile under Section 12 - Held, bail is the rule and can only be denied under exceptions mentioned in Section 12 - No evidence of petitioner coming into association with criminals, or being exposed to moral, physical, or psychological danger - Petitioner a meritorious student ...
Criminal Procedure - Regular Bail - Section 153-A IPC - Petition for regular bail under Section 439 Cr.P.C. - Accused allegedly wore a T-shirt with a picture of Jagdish Tytler and words "HAPPY BIRTHDAY TO OUR BELOVED GOD FATHER" - Held, mere wearing of such a T-shirt does not constitute an incriminating material or provocative act under Section 153-A IPC - No prima facie case made out - ...
Criminal Law – Anticipatory Bail – Successive Applications – Petitioners filed fourth and third petitions under Section 438 read with Section 482 Cr.P.C. for anticipatory bail in FIR No. 348 dated 06.10.2014, registered under Sections 420, 465, 467, 468, 471, 120-B, and 201 IPC. High Court held that successive bail applications are not maintainable unless based on new substantial...
Juvenile Justice – Bail – Juvenile not named in FIR – Co-accused’s disclosure – Impugned orders rejecting bail lacked reference to social background report – Bail allowed – Held, both impugned orders failed to reference or consider the social background report – Courts below based rejection on surmises and conjectures without fulfilling the statutory...
Criminal Procedure – Anticipatory Bail – Multiple FIRs – Modification of Bail Conditions – Petitioners, on anticipatory bail in seven FIRs, were ordered by the Trial Court to furnish two sureties each for every FIR – High Court held this requirement highly onerous – Directed that two sureties each for all seven FIRs would suffice – Relied on Supreme Court ...
Criminal Law – Anticipatory Bail – Civil Dispute Given Criminal Color – The petitioners sought anticipatory bail in a case involving allegations of damaging public property. The petitioners argued that the dispute was civil in nature and was being unjustly criminalized. The court found that custodial interrogation was not required, as the evidence could be obtained from governmen...
Criminal Law – Extension of Investigation Period – Default Bail – The petitioners challenged the trial court’s order granting a two-month extension for the completion of the investigation and filing of the final report under Section 36A(4) of the NDPS Act, 1985, without issuing notice to the accused. The court held that even though the proviso to Section 36A(4) does not spe...
Criminal Law - Bail Cancellation - Non-Appearance of Counsel - Petitioners' bail bonds cancelled and arrest warrants issued due to counsel's failure to appear - Petitioners claimed non-appearance was due to wrongly noted hearing date - Held, purpose of issuing summons, warrants, etc., is to ensure presence of accused for trial - Petitioners' willingness to appear and join proceedings n...