Criminal Law – Bail Conditions – Proportionality – Bail conditions must have a nexus to the purpose they serve and be proportional – Court emphasized that conditions leading to the deprivation of rights and liberties must be avoided – Blanket prohibition on social media activity deemed disproportionate and violating freedom of speech [Paras 29-30].
Crimin...
NDPS Act – Post-Arrest Bail – Commercial Quantity – Respondent accused of trafficking 50,000 Tramadol tablets (20 kg) – High Court granted bail, ignoring the application of Section 37 of the NDPS Act – Supreme Court quashed the bail order, highlighting the importance of "reasonable grounds" for believing the accused is not guilty and is unlikely to commit an...
Criminal Procedure – Anticipatory Bail – Appeal challenging the High Court’s orders which inquired into unrelated matters during the consideration of an anticipatory bail application – High Court exceeded its jurisdiction by involving third parties and overstepping the scope of Section 438 CrPC – Supreme Court set aside the High Court’s orders, emphasizing that ...
Criminal Law – Cheating and Criminal Breach of Trust – Appellants (bus conductors) convicted under various sections of IPC and Prevention of Corruption Act – Allegations included unauthorized printing and selling of bus tickets – Enquiry report by Inspection Committee not admitted as evidence due to lack of original documents – Recovery of tickets found invalid &ndash...
Anticipatory Bail – Section 438 CrPC – Seriousness of Offences – Respondent accused of physically assaulting and sexually exploiting the appellant, capturing obscene photographs and videos – High Court granted anticipatory bail despite ongoing investigation and non-cooperation from respondent – Supreme Court set aside anticipatory bail due to the seriousness of the of...
Criminal Procedure – Regular Bail – Section 439 Cr.P.C. – FIR under Sections 363, 366-A IPC – Sections 376, 506, 120-B IPC and Section 4 POCSO added later – Petitioner a middle-aged lady, mother of the accused – In custody over 15 months – Not accused of sexual assault – Culpability to be determined at trial – Bail granted due to low likelihood...
Criminal Law – Regular Bail – Petitioner in Custody – Criminal Miscellaneous Petition seeking regular bail under Section 439 Cr.P.C. – FIR registered under Sections 363, 366-A IPC, later including Sections 376, 506, 120-B IPC, and Section 4 of POCSO Act – Petitioner is mother of the main accused and not directly involved in sexual assault – In custody for over 1...
Criminal Law - Regular Bail - Non-compliance with NDPS Act Procedures - Criminal Miscellaneous Petition seeking regular bail under Section 439 of Cr.P.C. - Allegation of possession and sale of 20,000 intoxicating tablets of Tramadol Hydrochloride - Petitioner argues non-compliance with Section 42 of the NDPS Act - Held, total non-compliance with Section 42 is impermissible; delayed compliance acce...
Bail Cancellation – High Court's Error – The Supreme Court canceled the bail granted to the second respondent, noting that the High Court failed to consider crucial aspects such as the pending examination of important witnesses and the risk of witness tampering. The Court emphasized the nature and gravity of the offense and the role attributed to the second respondent [Paras 10-11]...
Criminal Law – Bail – NDPS Act – Petition for regular bail under Section 439 Cr.P.C. – Recovery of 295 grams of heroin not effected from the petitioner – Petitioner arrested based on the disclosure statement of co-accused – Recovery from petitioner is 35 grams, less than the commercial quantity of 250 grams – Co-accused already granted regular bail –...