Bail – NDPS Act – Grant of Bail – Petitioners charged with transportation of narcotics – Trial Court had granted bail to similarly placed co-accused – Petitioners alleged to be mere drivers with no previous criminal record – High Court grants bail considering parity and lack of previous criminal involvement [Paras 1-8].
Offence under NDPS Act &ndash...
Anticipatory Bail – Grant – Petitioners accused of forging agreements to illegally acquire property – Petitioners contend civil nature of dispute pending before competent court – Ad interim injunction obtained in civil suit prior to criminal case – No prima facie evidence of intent to flee – Investigation ongoing with no criminal antecedents – Court grants...
Bail Petition – Regular Bail – Petitioner previously filed bail petitions both before Sessions Judge and the High Court – Contention for bail based on long custody, completion of investigation, and lack of possibility to influence witnesses – Court emphasizes previous criminal antecedents and substantial quantity of heroin found – Petitioner’s custody not consid...
Anticipatory Bail – Dowry Death – Petitioners seeking anticipatory bail under Section 438 of Cr.P.C. – Allegations of dowry harassment leading to suicide – Petitioners A.4 and A.5, relatives of A.1 (husband) – Petitioners assert no involvement in marital disputes or the alleged harassment – Opposed by Prosecution on grounds of ongoing investigation – Court...
Criminal Procedure – Bail Conditions – Imposition of Unusual Conditions – Petitioner released on bail with condition to deposit passport – Petitioner did not possess passport – Trial Court failed to consider affidavit and investigating officer’s statement confirming non-possession – Trial Court directed Petitioner to deposit passport within four months, im...
Bail – Cancellation – NDPS Act – Application under Section 439(2) Cr.P.C. for cancellation of bail – Bail granted by the Special Judge, Sepahijala District, Sonamura – Grounds for cancellation included discrepancies in GD entries and lack of reasonable grounds to believe accused’s non-guilt – Printing errors in GD entries noted but considered non-material ...
Criminal Law – Bail – Applications for bail under Section 439 Cr.P.C. – Allegations of forgery and conspiracy involving false sale deeds – Accused persons include a former Computer Operator and an Advocate – No incriminating material recovered from accused’s possession – Charge-sheet filed, no requirement for further custodial interrogation – Bail gr...
Bail in Economic Offenses – The court evaluated the petition for regular bail considering the principle that bail is the rule and jail the exception. It acknowledged the Supreme Court's stance that while the gravity of economic offenses warrants sensitivity, it does not justify an automatic denial of bail. The court emphasized the need to balance the liberty of the individual against the...
Criminal Law – Bail – Dowry Death – Petitioner sought bail in case registered for dowry harassment and death – FIR based on statements from deceased’s family alleging dowry demands and harassment – Charge-sheet filed, petitioner in custody for over a year – No evidence of petitioner’s ability to tamper with evidence or threaten witnesses – Bail...
Criminal Law – Conviction under Section 138 of NI Act – The petitioner was convicted by the Trial Court and the conviction was upheld by the Appellate Court – Petitioner issued cheques which were dishonored due to insufficient funds – Trial Court relied on the presumption under Section 139 of the NI Act – Petitioner argued that cheques were issued as security for othe...