Bail – Seriousness and Gravity of Offense – Appellant challenged the High Court’s order granting bail to respondent No. 2 – Supreme Court noted that the High Court did not consider the seriousness and gravity of the offense alleged against the respondent, who is facing trial for offenses under Sections 302 and 120B IPC – Held, High Court failed to consider relevant ma...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Bail application - Grant of Bail - Prolonged incarceration - Slow pace of trial - Balance between accused's right to liberty and societal interest - Constitutional parameters - Right to speedy trial - Stringent bail conditions - Prima facie determination of guilt - Special enactments - Right under Article 21 of the Constitutio...
Constitutional Law – Right to Life and Personal Liberty – Article 21 – Extension of Investigation Period – It is mandatory to produce the accused either physically or virtually when the Court considers an application for extension of the investigation period under Section 167(2) CrPC and Section 20(2) of the GCTOC Act – Failure to do so is not a mere procedural irregu...
Bail application - Grant of bail - Serious offense of kidnapping for ransom - Sections 364A, 365, 342, 323, 506, 120B, 34 IPC - Petitioner, a young man with no criminal antecedents, seeks regular bail in a case registered under various sections of the IPC - Prosecution alleges that the petitioner kidnapped the victim for ransom - Bail denied by lower court - Petitioner claims discrepancies and gap...
Bail - Grant of - Factors to consider - Nature of allegations, criminal antecedents, opportunity to course-correct - Balancing personal freedom and police investigation - Discretion of the court - Strict conditions to prevent influencing investigation, tampering with evidence, or fleeing justice - Prima facie case and reasons for release on bail - Possibility of deprivation of rights and liberties...
Criminal Law - Arrest and Detention - Illegality and Non-Compliance with Statutory Provisions - The High Court of Bombay examined the legality of the arrest and detention of the petitioners, Chanda Deepak Kochhar and Deepak Virendra Kochhar, under the Code of Criminal Procedure (Cr.P.C.), in light of the statutory requirements of Sections 41, 41-A, and 60-A, and constitutional protections. The Cou...
Bail application - Allegations under Prevention of Money Laundering Act (PMLA) - Serious allegations against accused Deputy Chief Minister/Excise Minister for formulating excise policy to benefit certain individuals and receiving illegal gratification - Defense challenges credibility of Enforcement Directorate (ED) case based on inconsistent statements and contradictions in witnesses' testimon...
Brief Facts: Petitioners were charged under the NDPS Act for involvement in drug trafficking and were seeking bail (Para 1-3). Allegedly caught with significant quantities of drugs based on secret information, they have been in custody since 04.05.2020, and their trial has made slow progress (Para 3).
Issues: Whether the petitioners can be granted bail based on the circumstances of th...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Extension of time for investigation - Grant of default bail - Conditions for extension of time - Independent application of mind by Public Prosecutor - Non-receipt of FSL report as a compelling reason - Compliance with Section 36A(4) - Applicability of Section 167(2) of Cr.P.C. - The Public Prosecutor is required to independently apply his min...
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...