Criminal Law – Anticipatory Bail – Sections 420, 120-B IPC – Section 438 Cr.P.C. – Petitioner, a deed writer, accused in a case involving a fraudulent agreement to sell – Petitioner not a party to the sale – Alleged transaction involved misrepresentation by sellers – Held: Anticipatory bail granted as custodial interrogation not required – Questions ...
Juvenile Justice – Bail – Section 12 JJ Act – Bail to Juvenile Rule, Exceptions Narrow – Juvenile in conflict with law entitled to bail unless falling under specific exceptions – No specific role or injury attributed to appellant – Appellant in custody since 24.07.2019 – Trial likely to be prolonged – Co-accused granted bail – Held: Bail grante...
Criminal Law – Regular Bail – Section 306 IPC – Abetment to Suicide – Petitioner's alleged involvement in abetment based on a suicide note – Suicide note lacks specific instances implicating petitioner – No prior complaints by deceased or complainant against petitioner – Held: Grant of regular bail justified considering lack of direct evidence and prol...
Criminal Law – Regular Bail – NDPS Act – Petitioner's involvement in conspiracy alleged under Sections 20 and 29 NDPS Act – No recovery directly from petitioner – Petitioner not apprehended at scene, nor owner of implicated vehicle – Held: Grant of regular bail justified considering prolonged custody and arguable points on merits – Petitioner entitled ...
Criminal Law – Bail – Predicate Offence – Money Laundering – High Court's Consideration of Bail under PMLA – Petitioner sought bail under Section 439 Cr.P.C. – High Court referred to Nikesh Tara Chand Shah case, ruling that the principle is of granting rather than denying bail. No evidence was provided by the prosecution indicating that the petitioner, if gr...
Criminal Law – Bail Application – Section 439 CrPC – The court held that bail cannot be denied solely on the ground that the accused has multiple prior cases. The precedent set by the Supreme Court in Maulana Mohd. Amir Rashadi's case (2012(2) SCC 382) was applied, emphasizing that the role of the accused in the current case and other relevant factors must be considered. Held...
Bail – Judicial Discretion – Appeal against High Court's order granting bail to an accused charged with serious financial offences – Supreme Court emphasizes that bail decisions must consider the nature and gravity of the accusations, the modus operandi, and the evidence collected during the investigation – High Court's failure to consider these factors renders...
Criminal Law – Bail – Relevant Considerations – The Supreme Court emphasized that courts must consider the nature and seriousness of the offense, character of the evidence, likelihood of the accused fleeing from justice, impact on prosecution witnesses, societal impact, and likelihood of tampering with evidence while granting bail. The High Court's failure to consider these f...
Criminal Law – Revisional Jurisdiction – Conviction from Acquittal – The Supreme Court held that under Section 401(3) CrPC, the High Court does not have the authority to convert an acquittal into a conviction while exercising its revisional jurisdiction. The correct approach would be to set aside the acquittal and remit the matter for retrial or rehearing by the appropriate court...
Criminal Law – Bail – Cancellation – Circumstantial Evidence – Seriousness of Offense – High Court's order granting bail without considering material evidence and gravity of the offense erroneous – Accused conspired with others to murder his wife for insurance money – Evidence shows call records and monetary motives – Bail granted on weak grounds...