Bail Application - Rejection of bail - Appellant, along with others, accused of offenses under the GCTOC Act and IPC - Allegations of intimidation, threats, and extortion - Prima facie material indicating regular participation in crime - Bail application dismissed by High Court - Appeal filed seeking bail - Court declining bail considering alleged role of appellant, existence of other cases, and s...
Indefeasible right to claim default bail - Filing of chargesheet - Error in filing chargesheet in wrong court - Committal proceedings - Applicability - Whether error in filing chargesheet in the wrong court affects the right of the accused to seek statutory/default bail under Section 167(2) of the CrPC - Held, the error in filing the chargesheet in the wrong court does not affect the right of the ...
Regular Bail - Section 22(C) Narcotic Drugs and Psychotropic Substances Act, 1985 – Constitution of India, Article 21 -- NDPS case – Regular bail – Commercial quantity – Recovery of 4800 tablets of RLAM-0.5 from petitioner - Co-accused already granted bail - Petitioner a first time offender - Violation of mandatory provisions of NDPS Act alleged - Held, provisions of Sectio...
Anticipatory Bail - Sections 384, 506, 511, 120-B, 192, 211, 218, 219, 180 IPC - Section 438 Cr.P.C - Prima facie case - petitioner was alleged to be involved in extortion and blackmailing along with his co-accused - Allegations of blackmail and extortion against petitioner - Conduct of petitioner in active connivance with co-accused - Petitioner refused to hand over mobile phone during inve...
Bail Conditions - Modification - Furnishing of Local Surety - Jurisdiction - Violation of Article 14 of the Constitution - The petitioner, a resident of Uttar Pradesh, seeks modification of the bail condition requiring a local surety with immovable property within the jurisdiction of the trial court in Chandigarh. The petitioner argues that his relatives have immovable property in SAS Nagar, Mohal...
Bail - Anticipatory Bail - Grant of - Conditions - FIR registered against the petitioner under Section 306 IPC - Petitioner apprehending arrest - Petitioner being a first-time offender with no criminal antecedents - Custodial investigation and pre-trial incarceration causing irreparable injustice – Prima facie analysis of the nature of allegations does not justify custodial or pre-trial inca...
Default Bail - Sect. 167(2) Criminal Procedure Code, 1973 - Sect. 18, 21C, 22C, 29, 36, and 36A(4) Narcotic Drugs and Psychotropic Substances Act, 1985 - Filing of challan without Forensic Science Laboratory (FSL) report - Whether incomplete challan - Grant of default bail - Petitioner apprehended with commercial quantity of medical intoxicants - Challan filed without FSL report within statu...
Judicial discretion - Exercise of - Observations against judicial officer - Cancellation of bail - High Court making adverse observations against appellant, a judicial officer, regarding exercise of discretion in a criminal petition related to cancellation of bail - High Court directing appellant to undergo training at Judicial Academy - Supreme Court setting aside directions and expunging observa...
Default Bail – Section 167(2) Cr.P.C and Section 36-A of the NDPS Act – Petitioner’s application for default bail dismissed by Additional Sessions Judge, Faridabad – Revision petition filed challenging the order. [Para 1]
Factual Background – Petitioner arrested under Section 22(c) of the NDPS Act – Challan presented on 05.05.2022 without accompanyi...
Criminal Procedure - Bail Cancellation - Supervening Circumstances and Conduct of Accused - Petition for cancellation of bail in a heinous offence under Section 306 IPC—Difference between rejecting an application for bail and cancelling bail already granted—Court must find supervening circumstances not conducive to fair trial—Grounds for cancellation include violation of bail con...