Criminal Law – Bail – Serious Offences – The accused, named in the FIR, were involved in a land dispute with the informant – They attacked the informant's family, resulting in the death of the informant's brother and serious injuries to others – The High Court granted bail without considering the seriousness and gravity of the offences and without providing co...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Anticipatory Bail – Evidence Linking Appellant – Appeal for anticipatory bail under Section 14-A SC/ST Act. Allegation of using objectionable words against a community over the phone, with the audio recording going viral. Held, no evidence linking the appellant to making the audio viral. Bail granted. [Paras 1...
Criminal Law – Cancellation of Bail – Grounds for cancellation of bail for the co-accused were identical to those for the present respondents – Supreme Court held that once bail for the co-accused was cancelled, bail for the present respondents also required cancellation – High Court failed to consider the gravity of the offence and eyewitness identification in its bail ord...
Narcotic Drugs and Psychotropic Substances Act – Regular Bail – Individual vs. Collective Recovery – Petition for bail where 1 kg opium was recovered from petitioner and 9 kg from co-accused. Held, the total quantity should not be considered collectively when individual recovery is effected. Individual recovery from petitioner is non-commercial quantity, making Section 37 of NDPS...
Criminal Law - Bail - Factors for Granting Bail - Section 439 Cr.P.C. -
Petitions for regular bail in a case of alleged tax evasion through fake firms and fraudulent transactions—Petitioners argued that continued detention was unjustified—Held, bail is the rule and committal to jail an exception—Refusal of bail is a restriction on personal liberty guaranteed under Article 21&m...
Criminal Law - Bail - Principles for Granting Bail – Criminal petitions for bail under Section 439 Cr.P.C. by individuals accused of economic offenses involving significant tax evasion through the creation of fake firms – Court reaffirms that bail is the rule and jail is the exception, emphasizing personal liberty under Article 21 of the Constitution – Held that refusal of bail m...
Criminal Law - Anticipatory Bail - Forgery and Fraudulent Loan Acquisition - Petition under Section 438 Cr.P.C. - Allegations of forging revenue records to falsely show co-accused Satpal’s ownership instead of the complainant’s for securing a bank loan - Petitioner accused of assisting in the fraud - Held, petitioner’s role in creating a charge on the property through forgery is ...
Criminal Law - Anticipatory Bail - Rejection - Petition for pre-arrest bail under Section 438 Cr.P.C. - Allegations in FIR grave - Petitioner evading arrest for over two and a half years indicating possibility of fleeing - P.O. proceedings initiated against petitioner - Petitioner's reliance on parity with co-accused granted bail under Section 439 Cr.P.C. on ground of custody rejected - Petiti...
Criminal Law – Conviction based on suspicion – An accused cannot be convicted on the basis of suspicion, no matter how strong – The prosecution must prove the guilt beyond a reasonable doubt – Conviction and sentence set aside due to lack of conclusive evidence and inconsistencies in the prosecution's case [Paras 1-21].
Extra-Judicial Confession – Cau...
Criminal Law - Anticipatory Bail – Section 438 CrPC – NDPS Act – Non-commercial quantity – Grant of bail to petitioner – Petitioner not named in FIR, no recovery effected from him, only based on wife's disclosure statement – Petitioner’s wife found with 6.25 grams of heroin, far less than commercial quantity – Petition allowed. [Paras 1-18]
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