Bail Application – Rejection by High Court Petitioner appeals against the High Court's decision, which had denied his bail in connection to a case registered under Section 4 of the Prevention of Money Laundering Act, 2002. [Para 1]
Representation by Counsel Learned senior counsel for the petitioner argues that Rs. 30 lakhs in the petitioner's bank account cannot be considered as p...
Bail Application – Multiple Offences – Accused nos. 5 and 6 sought bail for offences under various sections of the Indian Penal Code and the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 – Applications filed in connection with FIR No. RC-BD1/2014E004-CBI/BS&FC/New Delhi and Writ Petition (Criminal) No. 326 of 2023 – No connection with pending transferred ...
Anticipatory Bail – Rejection by High CourtThe petitioner sought anticipatory bail under Section 438 of Cr.P.C. for offenses under Section 376 of IPC. The Court observed that the petitioner and the complainant have taken contradictory stances at different stages of the judicial process, thereby manipulating the system. The Court found it inappropriate to grant anticipatory bail in such circu...
Regular Bail – Section 439 Cr.P.C. – Petitioner seeks regular bail in FIR No.0004, dated 15.07.2022 under various sections of the IPC, Arms Act, and Explosive Substances Act. Petitioner accused of anti-national activities and contact with ISI agents. [Para 1]
Prosecution Case – Investigation Details – Secret information led to FIR against individuals for illegal activiti...
Legal Representation – Absence of Appellant’s Advocate – The Division Bench appointed an advocate to represent appellant Niranjan Das but failed to give adequate time for preparation. Advocacy impaired due to lack of time to study the case, indicating procedural impropriety. [Para 4, 6-7]
Conviction – Section 302 of IPC – Appellant Niranjan Das convicted for murder...
Anticipatory Bail – Cancellation of High Court Order – State of Haryana appeals against anticipatory bail granted to the respondent, Dharamraj, by the High Court of Punjab and Haryana – Respondent declared a proclaimed offender and accused under various sections of IPC – Supreme Court finds High Court's grant of anticipatory bail improper. [Para 2-3, 13]
Proclaimed O...
Bail – Delay in trials and undertrials’ prolonged incarceration – Concerns about prosecution’s conduct in criminal cases leading to trial delays and undertrials languishing in jail – Court’s attention drawn to orders highlighting such issues – State directed to enforce the Standard Operating Procedure (SOP) for timely appearance of prosecution witnesses &n...
Anticipatory bail petition filed under Section 439 Cr.P.C. - Allegations of offenses under Sections 307/120-B/427/34 IPC, 1860 and Sections 25/27 of the Arms Act, 1959 - Petitioner seeks regular bail - Petitioner's claim of separation and dissolution of marriage by mutual consent challenges the alleged motive - Petitioner's absence from the country on the day of occurrence - Petitioner'...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Applicability of Sections 42(1) and 42(2) – Seizure of narcotic substance from a vehicle – Whether the vehicle is a public conveyance – Compliance with Section 42 requirements – Statutory mandate of entry, search, seizure, and arrest – Significance of clear recorded statement – Non-compliance with Sect...
Anticipatory Bail – Grant of anticipatory bail under Section 438 of the Code of Criminal Procedure – Petitioner accused in FIR No.31 dated 16.03.2023, under Section 306 IPC, for abetment of suicide – Petitioner and deceased had a history of intimate relations which later became strained – No overt act attributed to the petitioner leading to the suicide of the deceased. [Par...