Criminal Law - Suspension of Sentence - Narcotics - Application for suspension of sentence by convict under Section 21 NDPS Act involving possession of 220 grams of heroin - Rigors of Section 37 NDPS Act not applicable as quantity is less than commercial - Consideration of alternatives to cash or surety for bail - Held, use of fixed deposit or electronic transfer in lieu of cash or surety likely t...
Criminal Law – Anticipatory Bail – NDPS Act – Multiple FIRs – Petitioner sought anticipatory bail under Section 438 Cr.P.C. – High Court discussed the permissibility of registering a fresh FIR against the petitioner, citing Nirmal Singh Kahlon v. State of Punjab, validating the second FIR due to the larger canvass of the inquiry. The statements recorded under Section ...
Criminal Law - Pre-Arrest Bail - Confirmation of Interim Bail - Criminal Miscellaneous Case under Section 438 CrPC - Petitioner sought pre-arrest bail for offences under Sections 406 and 498-A IPC - Interim bail was granted, and the petitioner was directed to join the investigation - Investigation concluded, and some dowry items were not recovered - Mere non-recovery of certain dowry items not a s...
Murder – Cancellation of Bail – High Court granted bail to the accused without adequate reasoning – Accusations are serious, involving murder and attempted murder – High Court’s orders set aside – Respondent to surrender [Paras 1-32].
Grant of Bail – Judicial Discretion – Courts must consider the nature of accusations, severity of punishment, and ...
NDPS Act – Bail – Recovery of psychotropic substances – Seizure of 137,665 tablets collectively weighing approximately 90 kg from four locations – Confessional statements recorded under Section 67 of NDPS Act held inadmissible in trial as per Tofan Singh v. State of Madras [2021] 4 SCC 1 – Absence of clarity on quantitative analysis of samples – Prosecution&rsqu...
Criminal Law – Bail – Proper Exercise of Judicial Discretion – Appeal against bail orders granted by High Court for serious offenses including murder and use of firearms – High Court’s orders set aside due to lack of detailed reasoning and failure to record satisfaction for granting bail – Emphasizes necessity of reasoned decisions in bail matters, particularly ...
Criminal Law – Bail – High Court released the accused on bail at the interim relief stage despite serious charges under the IPC and MCOCA – Supreme Court held that the High Court erred in granting interim relief without considering the gravity of the offenses and the Special Judge’s detailed order refusing bail – Interim bail granted while the writ petition was pendin...
Criminal Law - Anticipatory Bail - Acquittal of Co-Accused - Petitioner absconding - Petitioner granted anticipatory bail with direction to surrender before the Magistrate - Held, other accused acquitted after proper trial, but petitioner fled to foreign land shortly after FIR was lodged - Statutory duty of Magistrate to ensure petitioner's presence through Indian Embassy at Qatar - Process im...
Criminal Law – Post-arrest Bail – Appellant charged with serious offences under IPC, Arms Act, Explosive Substances Act, and UAPA – Charges framed in June 2019, appellant in custody since July 2012 – Trial progress slow with 298 prosecution witnesses – Supreme Court granted bail considering prolonged incarceration and slow trial – Directed State of West Bengal t...
Juvenile Justice – Bail Application –Criminal Revision against the order rejecting bail by Principal Magistrate, Juvenile Justice Board – Petitioner a juvenile accused under Sections 148, 149, 302, 120-B IPC and Sections 25(1B)(a), 27(1) Arms Act – Revision allowed – Gravity of the offense is not a criterion to reject bail for a juvenile – Impugned order passed ...