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...
Criminal Law – Regular Bail – Section 306 IPC – Abetment to Suicide – Petitioner's alleged involvement in abetment based on a suicide note – Suicide note lacks specific instances implicating petitioner – No prior complaints by deceased or complainant against petitioner – Held: Grant of regular bail justified considering lack of direct evidence and prol...
Default Bail – Indefeasible Right – Reasonable Opportunity – Petitioner applied for default bail under Section 167(2) CrPC due to incomplete challan without FSL report – Bail granted but bonds furnished after court hours – Held, default bail is an indefeasible right, not defeated by late submission of bonds if reasonable opportunity to fulfill conditions is given &nda...
Juvenile Justice – Bail to Juvenile – Statutory Mandate – Petitioner, a juvenile, sought bail under Section 12 of the Juvenile Justice Act – Bail to juveniles is a rule, denial is an exception – Court must release a juvenile unless one of the three exceptions in Section 12(1) applies: association with known criminals, exposure to moral danger, or defeating t...
Pre-arrest Bail – Economic Offences – Judicial Discretion – Petitioners, accused of breach of trust and cheating in granting loans and fixing deposit interests contrary to circulars, sought pre-arrest bail – High Court denied the bail, emphasizing the serious nature of the economic offences and the necessity for custodial interrogation – Court underscored that anticip...
Bail – Chit Funds Scheme – Financial Fraud – Petitioner, a director and promoter of M/s HDPL, involved in unauthorized chit fund scheme, collected substantial money from the public with false assurances – Petitioner’s role direct and active in the scheme – Large sums collected not yet recovered – Petitioner declared Proclaimed Offender in related cases &nd...
Proclaimed Offender – Quashing of Order – Improper Service – Petitioner declared proclaimed offender and FIR registered under Section 174-A IPC due to non-appearance in a cheque dishonor case under Section 138 NI Act – Held, the correct address of the petitioner was not furnished by the complainant, resulting in non-service of summons – Mandatory 30-day period for app...