Criminal Law - Bail - Principles for Granting Bail – Criminal petitions for bail under Section 439 Cr.P.C. by individuals accused of economic offenses involving significant tax evasion through the creation of fake firms – Court reaffirms that bail is the rule and jail is the exception, emphasizing personal liberty under Article 21 of the Constitution – Held that refusal of bail m...
Criminal Law - Bail - Factors for Granting Bail - Section 439 Cr.P.C. -
Petitions for regular bail in a case of alleged tax evasion through fake firms and fraudulent transactions—Petitioners argued that continued detention was unjustified—Held, bail is the rule and committal to jail an exception—Refusal of bail is a restriction on personal liberty guaranteed under Article 21&m...
Criminal Law – Regular Bail – Petitioner in Custody – Criminal Miscellaneous Petition seeking regular bail under Section 439 Cr.P.C. – FIR registered under Sections 363, 366-A IPC, later including Sections 376, 506, 120-B IPC, and Section 4 of POCSO Act – Petitioner is mother of the main accused and not directly involved in sexual assault – In custody for over 1...
Criminal Law – Regular Bail – NDPS Act – Petitioner's involvement in conspiracy alleged under Sections 20 and 29 NDPS Act – No recovery directly from petitioner – Petitioner not apprehended at scene, nor owner of implicated vehicle – Held: Grant of regular bail justified considering prolonged custody and arguable points on merits – Petitioner entitled ...
Criminal Law – Bail Application – Section 439 CrPC – The court held that bail cannot be denied solely on the ground that the accused has multiple prior cases. The precedent set by the Supreme Court in Maulana Mohd. Amir Rashadi's case (2012(2) SCC 382) was applied, emphasizing that the role of the accused in the current case and other relevant factors must be considered. Held...
Criminal Law – Bail – Predicate Offence – Money Laundering – High Court's Consideration of Bail under PMLA – Petitioner sought bail under Section 439 Cr.P.C. – High Court referred to Nikesh Tara Chand Shah case, ruling that the principle is of granting rather than denying bail. No evidence was provided by the prosecution indicating that the petitioner, if gr...
Criminal Law - Regular Bail - Disproportionate Assets and Benami Transactions - Section 439 Cr.P.C. - Held, granting regular bail in cases of disproportionate assets where most evidence is documentary - Petitioner, an ex-MLA, alleged to have acquired assets beyond known sources of income - Bail granted considering the completion of investigation and submission of documentary evidence to the prosec...
Criminal Law - Anticipatory Bail - Acquittal of Co-Accused - Petitioner absconding - Petitioner granted anticipatory bail with direction to surrender before the Magistrate - Held, other accused acquitted after proper trial, but petitioner fled to foreign land shortly after FIR was lodged - Statutory duty of Magistrate to ensure petitioner's presence through Indian Embassy at Qatar - Process im...
Criminal Law - Suspension of Sentence - Narcotics - Application for suspension of sentence by convict under Section 21 NDPS Act involving possession of 220 grams of heroin - Rigors of Section 37 NDPS Act not applicable as quantity is less than commercial - Consideration of alternatives to cash or surety for bail - Held, use of fixed deposit or electronic transfer in lieu of cash or surety likely t...
Criminal Law - Pre-Arrest Bail - Confirmation of Interim Bail - Criminal Miscellaneous Case under Section 438 CrPC - Petitioner sought pre-arrest bail for offences under Sections 406 and 498-A IPC - Interim bail was granted, and the petitioner was directed to join the investigation - Investigation concluded, and some dowry items were not recovered - Mere non-recovery of certain dowry items not a s...