Criminal Appeal – Default Bail – Misapplication of Default Bail Provision by High Court – Supreme Court reverses the High Court's decision granting default bail to the respondent under Section 167(2) of CrPC – High Court's error in applying provisions of TADA instead of UAPA noted. [Paras 2, 4-5, 9, 14]
Unlawful Activities (Prevention) Act (UAPA) &ndash...
Criminal Law – Bail – Cancellation – Circumstantial Evidence – Seriousness of Offense – High Court's order granting bail without considering material evidence and gravity of the offense erroneous – Accused conspired with others to murder his wife for insurance money – Evidence shows call records and monetary motives – Bail granted on weak grounds...
Anticipatory Bail – Absconder – Proclaimed Offender – High Court granted anticipatory bail to an accused despite proclamation under Sections 82-83 CrPC – Supreme Court held that absconders or proclaimed offenders are not entitled to anticipatory bail – High Court erred in granting anticipatory bail without considering relevant legal precedents and facts – Order ...
Anticipatory Bail – Cancellation – High Court granted anticipatory bail ignoring material aspects such as the nature and gravity of the offence and the specific allegations against the accused – Deficiencies in the investigation highlighted by JMFC and trial court, including failure to consider eyewitness statements, reliance on selective CCTV footage, and lack of fingerprint ana...
Criminal Appeal - Bail - Appellant aggrieved by the High Court's order rejecting bail application in connection with FIR for various offenses including under the Indian Penal Code and the Gujarat Control of Terrorism and Organized Crime Act - Appellant in judicial custody for over 2 years and 9 months - No other criminal antecedents - Conditions for invoking the GCTOC Act not fulfilled - Only ...
Criminal Appeal – Interim Bail – Appellant seeks interim bail for the purpose of finalizing accounts for filing returns under the Companies Act and Income Tax Act – Appellant currently incarcerated in Sabarmati Central Correctional Home – Interim bail granted for three days with specific conditions. [Para 1-6]
Interim Bail – Conditions – Appellant's relea...
Criminal Appeal – Bail – Unlawful Activities (Prevention) Act, 1967 – Indian Penal Code, 1860 – Appellants sought bail in cases relating to charges under UAPA and IPC – Examination of materials and evidence presented by prosecution – Assessment of whether reasonable grounds exist to believe accusations against appellants are prima facie true – ...
Legal Representation – Absence of Appellant’s Advocate – The Division Bench appointed an advocate to represent appellant Niranjan Das but failed to give adequate time for preparation. Advocacy impaired due to lack of time to study the case, indicating procedural impropriety. [Para 4, 6-7]
Conviction – Section 302 of IPC – Appellant Niranjan Das convicted for murder...
Anticipatory Bail – Cancellation of High Court Order – State of Haryana appeals against anticipatory bail granted to the respondent, Dharamraj, by the High Court of Punjab and Haryana – Respondent declared a proclaimed offender and accused under various sections of IPC – Supreme Court finds High Court's grant of anticipatory bail improper. [Para 2-3, 13]
Proclaimed O...
Murder – Cancellation of Bail – High Court granted bail to the accused without adequate reasoning – Accusations are serious, involving murder and attempted murder – High Court’s orders set aside – Respondent to surrender [Paras 1-32].
Grant of Bail – Judicial Discretion – Courts must consider the nature of accusations, severity of punishment, and ...