Dowry Death – Bail Rejection – Specific allegations in FIR regarding demand for dowry and proximity of death to the demand – High Court granted bail without adequate reasons – Medical evidence did not support the claim of mental illness – Serious allegations and presumption under Section 304-B IPC and Section 113-B Evidence Act – High Court not justified in gran...
Criminal Law – Bail – Murder Accusation – Appeal by the State of Kerala against High Court's bail grant to the respondent accused of murdering a lady doctor – High Court overlooked material evidence indicating the respondent's guilt – High Court did not consider the severity of the offense, the accused's absconding behavior, and potential witness influence...
Criminal Law – Bail Conditions – Sexual Harassment – Appeal against the High Court's order using rakhi tying as a bail condition for an accused of sexual harassment – Supreme Court finds the condition wholly unacceptable and diluting the offence of sexual harassment – Such conditions transform a molester into a brother by judicial mandate and perpetuate gender ste...
Regular Bail – Fresh Investigation – Police Jurisdiction – Section 439 Cr.P.C. – Petitioners declared innocent after initial charge sheet – Court held that police have no power to conduct fresh investigation or re-investigation – Converting inquiry report into a supplementary report under Section 173(8) Cr.P.C. is violative of procedural laws – Suo moto ex...
Default Bail – Fundamental Right – Appeal regarding default bail under the first proviso to Section 167(2) of Cr.P.C. – Supreme Court holds default bail as a fundamental right under Article 21 – The State cannot extend the period for filing charge sheets through supplementary charge sheets beyond the period specified under Section 167 – Appeals allowed; appellant enti...
Criminal Law – Bail – NDPS Act – Section 37 – High Court granted bail without proper application of mind – Seriousness of allegations and involvement in an international drug syndicate not considered – High Court's reasons, including respondent's education, irrelevant to bail decision – Appeal allowed, bail canceled [Paras 7-13].
Bail – Ju...
Criminal Law – Bail – IPC Sections 302, 307 – Arms Act – High Court granted bail to accused on the basis of parity – Co-accused's bail subsequently canceled by Supreme Court – Orders granting bail to respondents set aside – Respondents to surrender and may apply for fresh bail [Paras 1-19].
Bail – Judicial Discretion – High Court granted...
Regular Bail – Smuggling via Drones – Awareness of Misuse – Section 439 Cr.P.C. – Petitioner, an authorized dealer, allegedly supplied drones used for smuggling contraband and arms – Court held even if petitioner supplied drones, awareness of misuse debatable – Petitioner not involved in other cases and in custody for over 2 months – Co-accused granted bai...
Criminal Procedure – Default Bail – Computation of Period – Appeals against Bombay High Court order granting default bail – Respondents arrested for offences under Prevention of Money Laundering Act, 2002 – Issue of whether the remand day should be included or excluded in the computation of the 60-day period for default bail under Section 167(2) CrPC – Conflicti...
Unlawful Activities (Prevention) Act – Bail – Constitutional Courts' Authority – Respondent accused of serious offenses under UAPA – High Court granted bail citing long period of incarceration and unlikelihood of trial completion soon – Supreme Court upheld High Court’s order, noting that constitutional courts can grant bail if trial is excessively delayed, ...