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...
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...
Criminal Law – Bail Rejection – Appellants (A-4 and A-12) seeking bail for the alleged murder of a social worker – Trial court rejected bail citing seriousness of the offence and potential threat to witnesses – High Court scrutinizes the sequence of events, including the deceased’s aggressive behavior and the appellants’ claim of self-defense – Emphasizes ...
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...
Bail Application – Regular Bail – Appellants accused of drug smuggling and financing terrorism – Held in custody for nearly four years – High Court granted bail emphasizing the constitutional right to speedy trial and personal liberty – Bail granted with strict conditions despite stringent provisions under UAPA and NDPS Act [Paras 1-29].
Constitutional La...
Bail in NDPS Cases – Prolonged Pre-Trial Detention – The court addressed the issue of prolonged pre-trial detention for the petitioners, emphasizing that they had been in custody for more than three years (or approximately two and a half years for some) without significant progress in their trials. The court highlighted that such extended detention, without the completion of trial, vio...
Criminal Procedure – Bail Application – Petitioners filed third bail applications under Section 439 Cr.P.C. – Previously rejected twice – Argument that no prima facie case against petitioners based solely on co-accused’s confessional statement during police custody – Confession not falling within the ambit of Section 27 of Indian Evidence Act as no discovery of ...