Criminal Bail Application – Grant of Bail – Petitioner denied bail by trial Court – Nature of charges under various sections including IPC, NDPS Act, and Arms Act – Prosecution alleging involvement in illegal activities – Co-accused already granted bail – Prolonged preventive custody – Likelihood of tampering with evidence and influencing witnesses –...
Anticipatory Bail – Grant of – Seriousness of offence and need for custodial interrogation – Balance between individual rights and interests of justice – Land forgery and fraud – Prima facie evidence of fraudulent transactions – Suspicion regarding authenticity of documents – Elderly and vulnerable victims – Necessity of thorough investigation &ndash...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Extension of time for investigation - Grant of default bail - Conditions for extension of time - Independent application of mind by Public Prosecutor - Non-receipt of FSL report as a compelling reason - Compliance with Section 36A(4) - Applicability of Section 167(2) of Cr.P.C. - The Public Prosecutor is required to independently apply his min...
Dowry Death – Bail – Grant of bail to accused No.1 – Allegations of demand for dowry and cruelty leading to suicide of deceased Meghana – Lack of material evidence to establish demand for dowry at the time of marriage – Deceased subjected to physical and mental torture after three months of marriage – Accused allegedly coercing deceased to bring additional dowry...
Bail application – Petitioner seeking bail under Section 439 of CrPC – Accused aged 19 years – Incarcerated for one year and two months – FIR registered under various sections of IPC and Arms Act – Petitioner has no criminal antecedents – Claiming further pre-trial incarceration would cause irreversible injustice – Court considering nature of allegations, ...
Bail application under Section 439 CrPC – Petitioner charged under Section 21 of NDPS Act – Petitioner seeks bail on the ground that the quantity of contraband is less than commercial and rigours of S. 37 of NDPS Act do not apply – Criminal antecedents of petitioner – Court to consider role of accused, possibility of fleeing, and other circumstances – Previous crimina...
Criminal Procedure - Bail - Application for regular bail under Section 439 of CrPC - Allegations of compromising national security and sharing secret information with co-accused - Petitioner falsely implicated - Weak evidentiary value of disclosure statement - No recovery of narcotics from petitioner - Trial in progress - Serious and specific allegations against petitioner - Bail denied. (Para 5)
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Regular Bail – Pendency of Trial – Overstaying in India after Expiry of Passport and Visa – Allegations of violation of Foreigners Act, 1946 and Passports Act, 1967 – Petitioners, residents of Afghanistan, arrested for residing in India without valid passports and visas – Trial progressing at a slow pace – Only two prosecution witnesses examined till date &ndash...
Criminal Law – Anticipatory Bail – Conditions for Grant – Imposition of onerous and excessive conditions for anticipatory bail – Trend of transforming judicial proceedings for recovery of allegedly cheated money – Reminder to high courts and sessions courts not to be unduly swayed by submissions of the accused’s counsel regarding depositing or repaying any amoun...
Bail application - Allegations under Prevention of Money Laundering Act (PMLA) - Serious allegations against accused Deputy Chief Minister/Excise Minister for formulating excise policy to benefit certain individuals and receiving illegal gratification - Defense challenges credibility of Enforcement Directorate (ED) case based on inconsistent statements and contradictions in witnesses' testimon...