Criminal Procedure Code, 1973 - Bail in Economic Offenses - Factors to consider - Seriousness of allegations, evidence, severity of punishment, character of accused, possibility of tampering with witnesses, larger interests of public/state - Different approach for economic offenses - Bail to be granted judiciously within four corners of law - Discretion not to be influenced by arbitrariness - Need...
Anticipatory Bail - Freedom of Religion - Propagation of Religion - Limits of - Right to propagate religion subject to public order, morality, health, and other constitutional provisions - Statements promoting violence and justifying murder on religious grounds not protected under freedom of religion. [Para 9]
Seriousness of Offenses - Anticipatory Bail - Discretion of the Court - Whe...
Criminal Law – Bail Application – Dismissal – The Supreme Court deliberated on the bail granted to the accused in a murder case by the High Court, emphasizing the need for detailed reasoning in bail decisions. The case involved the alleged involvement of the respondent in a murder, not initially named in the FIR but later implicated through investigation. [Para 2-8]
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Default Bail and Chargesheet Filing – Supreme Court considered whether respondents were entitled to default bail under Section 167(2) Cr.P.C., when a chargesheet was filed within the prescribed time limit, but investigation against some accused was ongoing – Held that default bail was not applicable once chargesheet filed and cognizance taken, even if further investigation pending. [Pa...
Regular Bail - Prolonged Custody - Right to Speedy Trial - Circumstantial Evidence - Medical Reports - Fairness in Trial - Article 21 of the Constitution - Petitioner, a mother of a minor child, seeks regular bail in a murder case where she is accused of killing her husband due to an alleged illicit relationship. The prosecution's case relies on circumstantial evidence, with key witnesses not ...
Bail Application under Sections 439 of CrPC and 45 of PMLA – Accused, Jayram Vinayak Deshpande, former Sub-Divisional Officer, charged under PMLA for facilitating illegal land conversion and construction within Coastal Regulation Zone-III, aiding in money laundering activities. [Paras 1-4, 12.2]
Proceedings Originated from Environmental Violation – ECIR based on a complain...
Bail Application – NDPS Act – Petitioner seeking bail under Section 439 CrPC for alleged violation of NDPS Act – Commercial quantity of contraband involved – Previous criminal history considered. [Para 1-4, 7-8]
Judicial Discretion in Bail – Criminal History Relevance – Criminal history to include only cases with convictions or pending FIR...
Anticipatory Bail – Denial of anticipatory bail in a case involving economic offences and corruption – Petitioner, a revenue official (Patwari) involved in a land compensation fraud under the National Highway Act 1956 – Custodial interrogation necessary to uncover the extent of the conspiracy and financial implications – Bail denied due to the gravity of the offences and th...
Anticipatory Bail Application – Petitioner, a Horticulture Development Officer, sought anticipatory bail in FIR for corruption and forgery in land acquisition process – Alleged involvement in assisting in wrongful compensation claims for fruit trees during land acquisition by GMADA – Interim bail granted earlier, subject to conditions, but opposed by the state citing serious alle...
Criminal Appeal – Regular Bail in NDPS Act Case – Petitioner seeking regular bail for possession of marginally higher than commercial quantity of narcotic substance (Alprazolam) – Arrested and previously granted interim bail but later declared a proclaimed offender – Re-arrested and incarcerated for over 7 months. [Para 1, 2, 6]
Bail Principles – Bail as ...