Criminal Law – Anticipatory Bail – Successive Applications – Petitioners filed fourth and third petitions under Section 438 read with Section 482 Cr.P.C. for anticipatory bail in FIR No. 348 dated 06.10.2014, registered under Sections 420, 465, 467, 468, 471, 120-B, and 201 IPC. High Court held that successive bail applications are not maintainable unless based on new substantial...
Cancellation of Bail – Non-disclosure of Pending Application – Mere non-disclosure of the factum of a pending bail application before the High Court while moving a bail application before the Sessions Court is not a ground for canceling bail – Reliance on Supreme Court judgment Mohan Singh v. UT, Chandigarh – Simultaneous bail applications permissible – Cancellation o...
Criminal Law – Bail – Cancellation – Habitual Offender – Accused was involved in four criminal cases and had been convicted – While on bail, accused committed another offence and hatched a conspiracy from jail to commit murder – High Court cancelled the bail in another case due to involvement in heinous crimes while on bail – High likelihood of threat and ...
Criminal Law – Bail Cancellation – Serious Offences – Appellant sought cancellation of bail granted to the second respondent convicted of murder under Section 302 IPC – High Court had suspended the sentence and granted bail during the pendency of appeal – Supreme Court highlighted the failure of the High Court to consider material aspects, including the respondent'...
Criminal Law – Bail Cancellation – Serious Offences – The appellant challenged the High Court's decision to grant bail to the accused in a case involving the brutal murder of his brother, Sumer Singh, who was a BSF member on leave – Supreme Court found that the High Court failed to provide adequate reasoning or consider the seriousness and brutality of the crime –...
Criminal Procedure Code – Compensation for Accusation without Reasonable Cause – The appellants, accused of involvement in a fight resulting in deaths, were granted bail with a condition to deposit Rs. 2 lakh each as compensation to the victims – Supreme Court held that the CrPC does not permit the imposition of such a condition at the stage of bail – Condition set aside [P...
Bail – Grant of Regular Bail – Petitioners, Managing Directors of QVC Realty Company Limited and Chintels India Limited, sought regular bail under Section 439 Cr.P.C. – Petitioners accused of fraud and money laundering under Sections 3 and 4 of the PMLA – FIR initially registered under Section 10 of the 1975 Act and Section 420 IPC for breach of license terms – Twin c...
Criminal Procedure Code – Anticipatory Bail – The High Court's rejection of anticipatory bail under Section 438 Cr.P.C. does not preclude it from granting protection from arrest in exceptional circumstances. However, such protection must be narrowly tailored and justified with reasons, and for the shortest duration necessary. The High Court's grant of 90 days protection without...
Criminal Law – Bail – Grant of Bail – The High Court's decision to grant bail to the accused, a history-sheeter charged with murder and other serious offences, was challenged. The Supreme Court noted the potential threat to witnesses and the safety concerns of victims' families. It emphasized the need for courts to consider the impact of bail on the witnesses and the publ...
Criminal Law – Bail – Grant of bail – High Court granted bail to six accused implicated in five murders arising out of a land dispute without adequate discussion or analysis of the circumstances – Supreme Court criticized the High Court's failure to consider the gravity of the offense, nature of allegations, and involvement of the accused – Orders granting bail se...