Bail - Onerous Bail Conditions – Petitioner accused in 1726 crimes – Difficulty in producing separate sureties for each case – Court’s view on impracticality of such conditions – Same surety can be accepted in different cases – Value of bond not necessarily commensurate with quantum involved in crime [Paras 2, 7-9, 11]
Legal Framework of Bail Bonds – Se...
Victim’s Right to be Heard – Bail Adjudication – Section 2(wa) CrPC – Legal Right to Participate in Proceedings – Appellant challenged the bail granted to the Respondent-Accused in a case involving the death of several farmers – Supreme Court held that a victim under Section 2(wa) of CrPC is entitled to be heard at every stage of proceedings – High Court&#...
Bail Application in Multiple Cases – Accused, a Drawing Teacher, alleged to have sexually assaulted minor girl students, filed bail applications in six different cases. [Para 1]
Allegations of Sexual Assault – Accusations of assaulting Vth standard students at Himayathul Islam School by touching their private parts on 12.12.2023. [Para 2]
Opposition to Bail by Public Prosecutor &...
Bail Under UAPA – Section 43D(5) – Stringency and Prolonged Incarceration – Appellant denied bail under Section 439 CrPC – Held, UAPA’s Section 43D(5) conditions less stringent than NDPS Act – Appellant in custody for nearly 8 years – Trial progress slow with only 6 of 109 witnesses examined – Prolonged incarceration considered significant – Ba...
Bail Cancellation – High Court's Error – The Supreme Court canceled the bail granted to the second respondent, noting that the High Court failed to consider crucial aspects such as the pending examination of important witnesses and the risk of witness tampering. The Court emphasized the nature and gravity of the offense and the role attributed to the second respondent [Paras 10-11]...
Criminal Law - Bail - POCSO Act - Sexual harassment of minor girls - Petitioner, an assistant teacher, alleged to have sexually harassed girl students - Bail application rejected by FTSC-I, Tumkur - Petitioner files a criminal petition seeking bail before the High Court - Whether petitioner entitled to bail - Held, no - Offences alleged are heinous in nature, committed against minor girls studying...
Bail - Apprehension of Arrest – Anticipatory Bail Application – Petitioner, a doctor, apprehending arrest in connection with a case under POCSO Act and other offences – Involved in facilitating delivery and allegedly taking care of an abandoned child – Application filed under Section 438 of Cr.P.C. for anticipatory bail [Para 1, 11-12].
FIR and Charges – ...
Bail application - Suspension of sentence and enlargement on bail - Applicant convicted under sections of the Unlawful Activities (Prevention) Act (UAPA) - Applicant seeks bail pending appeal - Applicant's counsel argues lack of evidence supporting allegations - Prosecution relies on confessions, call detail records (CDRs), and an email as evidence - Absence of Section 65B Certificate for elec...
Criminal Law – Cancellation of Bail – The appeals arise from the High Court's orders granting bail to the accused-respondents, who are charged with multiple offenses including murder under Sections 143, 147, 148, 341, 307, 302, and 395 IPC. The Supreme Court scrutinized whether the High Court considered relevant material, the gravity of the offense, and societal impact before grant...
Criminal Law – Regular Bail under Section 439 Cr.P.C. – Appeal against High Court’s orders granting bail to accused in a double murder case – High Court’s orders set aside due to failure to consider the gravity of the offense, the role attributed to the accused, and the potential for witness tampering – Accused directed to surrender within two weeks [Paras 2, 6-...