Criminal Law – Bail - Jurisdiction of Court in Bail Conditions – Extent of Conditions under Sections 437(3) and 439 CrPC – Conditions for Bail Set Aside - The High Court, while granting bail to the appellants, imposed conditions mandating the removal of a wall and transferring possession of disputed property to the complainant, thus encroaching upon the jurisdiction of the civil ...
Anticipatory Bail – Grounds for Cancellation – Requirement of Misuse or Change in Circumstances – Dismissal of Petition - The petitioner sought cancellation of anticipatory bail granted to the respondent accused, alleging the trial court overlooked the gravity of fraud allegations involving a defrauded amount of Rs. 20 lakhs – Held: The High Court emphasized that cancellati...
Anticipatory Bail – Economic Offences – Petitioners seeking pre-arrest bail in case of alleged cheating of Rs. 33,80,000/- on promise of arranging a loan – Petitioners accused of failing to arrange loan or return amount – Petitioners contending innocence and civil nature of transaction – Court considered seriousness and gravity of economic offence – Custodial in...
Criminal Law – Bail Application – Judicial Custody – Applicant accused of forgery and conspiracy – Bail granted under Section 439 of Cr.P.C. considering absence of prior convictions and judicial custody since 29.09.2023 – Co-accused granted bail earlier – Conditions imposed for regular attendance in court and non-interference with witnesses [Paras 1-7].
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Criminal Law – Bail Cancellation upon Addition of Non-Bailable Offenses – Section 439(2) of Cr.P.C. Application – High Court's Dismissal of Petition Challenging Bail Cancellation Order – The Rajasthan High Court upheld the cancellation of bail originally granted to the accused under Section 436 of Cr.P.C., after non-bailable offenses were added in the final charge-sheet...
Bail Application – Section 439 Cr.P.C. – Petitioner accused of sexual assault on a minor – Bail application filed after one month of judicial custody – Defence claims false implication and completed investigation – Prosecution contends risk of intimidation and tampering with evidence – Supreme Court precedents emphasize bail as the rule and jail as the exception...
Criminal Procedure Code, Section 439 – Bail – Third Application – Offences under Sections 498-A, 406, 323, 326A, 302, and 304-B IPC – Accusation of administering acid to the deceased leading to her death – Second bail applications were dismissed with liberty to file afresh – First bail application dismissed as not pressed – Bail granted due to lack of prim...
Criminal Law – Regular Bail – Long Pre-trial Incarceration – Speedy Trial – The petitioner, charged with offenses under Sections 302, 307, 324, 379, 411, 483, 506, 34, and 120-B of the IPC, sought bail after being in custody for over 4 years. Only 5 out of 21 witnesses had been examined in that period – Held: The right to speedy trial under Article 21 of the Constitut...
Anticipatory Bail – UAPA Provisions – Application of Section 43D(4) UAPA – Petitioners sought anticipatory bail under Section 438 Cr.P.C. contending lack of prima facie evidence – High Court upheld rejection of anticipatory bail by NIA Special Judge – Emphasized statutory bar under Section 43D(4) UAPA precluding anticipatory bail – Detailed examination of eviden...
Bail Application – PMLA Provisions – Petitioner sought regular bail under Section 439 Cr.P.C. – Contended absence of scheduled offence linkage and non-completion of scheduled offence investigation – High Court evaluated provisions of PMLA, nature of allegations, and evidence presented – Emphasized stringent conditions under Section 45 PMLA for bail – Recognized ...