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-...
Criminal Appeal – Bail under UAPA Act – High Court's rejection of bail – Accused arrested under Explosive Substances Act and Unlawful Activities (Prevention) Act – Petitioner challenges the High Court's order denying bail – Interpretation of Section 43D(5) of the UAPA Act – Relevance of co-accused statements – Lack of overt Act of terrorism attribu...
Criminal Procedure – Bail – Appeal against rejection of bail application by High Court – Appellant facing trial for multiple offences – Appellant in custody for over five years – Only two witnesses examined out of 35 prosecution witnesses – Co-accused granted bail by Supreme Court – Bail application allowed by Supreme Court – Conditions imposed for b...
Cancellation of Bail – Criminal Appeals against High Court orders granting bail – Assault and murder case involving accused Vivek Pal and Punit Pal – High Court granted bail which was challenged by the original complainant in Supreme Court – Supreme Court considers the severity of the crimes, the influence of the accused, and potential threat to the judicial process –...
Bail Granted by High Court – Review by Supreme Court – Criminal Appeal against the order of Allahabad High Court granting bail to accused persons convicted under multiple sections including 302/149 IPC – High Court granted bail based on period of incarceration and previous bails granted to co-accused – Supreme Court examines subsequent criminal activities and the involvemen...