Criminal Law - Bail Application - Compliance with Statutory Provisions - NDPS Act: Application for regular bail under Section 439 CrPC - Allegation of non-compliance with Sections 42 and 50 of the NDPS Act in the search and seizure process - Held, the Sub-Inspector duly sent the information to his superior officer as required by Section 42(2) NDPS Act - The contention that the officer who conveyed...
Criminal Law – Anticipatory Bail – Onerous Conditions – The High Court granted anticipatory bail to the appellant with the condition to file a joint affidavit with the complainant, undertaking to fulfill all physical and financial requirements of the complainant – The Supreme Court criticized the imposition of such impractical and onerous conditions, stating they could be c...
Criminal Bail Application – Abetment of Suicide – Sections 306, 504, and 506 IPC – Applicant involved in a love affair with the deceased – Allegations of threats, abduction, and rape leading to the victim’s suicide – Bail application filed during the pendency of trial.
Elements of Abetment of Suicide – Proof of direct or indirect acts of incitement requ...
Criminal Law – Bail Application – Long Incarceration – Appellant in custody for over nine years for possession and circulation of counterfeit currency under Sections 489B, 489C IPC and Section 16 of UAP Act – Trial prolonged with minimal witness examination – Supreme Court grants bail considering prolonged detention and slow trial pace, emphasizing accused’s rig...
Criminal Law – Bail – Section 302 IPC – Speedy Trial and Delay – Petitioners, accused of causing the death of Manpreet Kaur by running a car over her, sought bail after nearly three years in custody – The prosecution’s case faced challenges due to delays in trial, with only 11 out of 32 witnesses examined – Held, given the prolonged pre-trial detention and...
Criminal Law – Bail Application – Rape Allegations: Petition filed under Section 439 Cr.P.C. seeking bail in a case registered under Section 376 IPC. The petitioner allegedly committed sexual assault on the prosecutrix under the false promise of marriage. The trial court denied bail, and the petitioner approached the High Court.
Prima Facie Evidence – Consent and Mis...
Bail – Pre-arrest Bail – Conditional Bail – High Court granted pre-arrest bail to the appellants with the condition to deposit 25% of ₹20,00,000. Supreme Court emphasizes that courts should not act as recovery agents for complainants’ dues when granting bail [Paras 2-5].
Conditional Bail – Jurisprudence – Supreme Court observes that the condition ...
Criminal Law – Anticipatory Bail – Section 482 BNSS – Fraud and Forgery Allegations – Petitioner sought anticipatory bail in a case involving charges of fraud, forgery, and criminal conspiracy related to an alleged scheme to send the complainant's nephew abroad – The complainant alleged the petitioner’s involvement in defrauding him of Rs. 20,24,000 under th...
Criminal Law – Cheating and Extortion Allegations: Petitioners challenged the criminal proceedings and charge-sheet alleging offences of cheating, blackmailing, extortion, and defamation. The complainant, a business partner, accused the petitioners of threatening him and his family to extort money. The High Court found that the complaint was filed with mala fide intentions and suppressed mat...
NDPS Act – Regular Bail – Prolonged Incarceration: The petitioner was accused of smuggling and possessing 75 kg of poppy husk and was arrested with his co-accused. He had been in custody for 01 year, 09 months, and 20 days, with no other criminal cases against him. The trial had progressed slowly, with only three out of 17 prosecution witnesses examined. In line with precedents, the co...