Anticipatory Bail Application - Application under Section 438 Cr.P.C. for anticipatory bail in FIR No. 486/2023 for offences under Sections 354/ 354A/ 354D/509 IPC and Sections 8/12 of POCSO Act - Alleged inappropriate gestures and physical assault by the petitioner towards a minor victim - Petitioner’s contention of false implication and evidence of absence from the crime scene [Paras 1, 2,...
Bail Application – Grant of Anticipatory Bail – FIR for Offences under IPC Sections 376/506 – Petitioner’s Application for Anticipatory Bail in FIR No.532/2023 [Para 1-2, 7-8]
Prosecution Case – Allegation of Sexual Relationship on Promise of Marriage – Complainant’s Allegations of Physical Relations Under Pretext of Marriage [Para 2]
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NDPS Act – Bail – Recovery of psychotropic substances – Seizure of 137,665 tablets collectively weighing approximately 90 kg from four locations – Confessional statements recorded under Section 67 of NDPS Act held inadmissible in trial as per Tofan Singh v. State of Madras [2021] 4 SCC 1 – Absence of clarity on quantitative analysis of samples – Prosecution&rsqu...
Criminal Law – Bail – Proper Exercise of Judicial Discretion – Appeal against bail orders granted by High Court for serious offenses including murder and use of firearms – High Court’s orders set aside due to lack of detailed reasoning and failure to record satisfaction for granting bail – Emphasizes necessity of reasoned decisions in bail matters, particularly ...
Criminal Appeal – Bail Application – Appellant seeks bail in prosecutions related to RC No. 0032022A00553 under the Prevention of Corruption Act, 1988, and Enforcement Case Information Report No. HIU-II/14/2022 under the Prevention of Money Laundering Act, 2002 – Various legal issues raised – Scope of constitutional protection, interpretation of PML Act, prosecution under P...
Criminal Appeal – Anticipatory Bail – Denial of anticipatory bail and direction to surrender before the Court for regular bail – Appellant aggrieved by the High Court’s order – Peculiar nature of the impugned order warranted further consideration – Special leave granted. [Para 1]
Personal Liberty – Importance of personal liberty in the context of applyi...
Anticipatory Bail – Denial of anticipatory bail by the High Court – FIR lodged under various sections of the Indian Penal Code and the Scheduled Castes and the Scheduled Tribes (POA) Act, 1989 – Allegation of promise to marry and breach thereof leading to a sexual relationship – Appellant granted interim protection by the Supreme Court – Chargesheet filed – Case...
Criminal Law – Bail – Relevant Considerations – The Supreme Court emphasized that courts must consider the nature and seriousness of the offense, character of the evidence, likelihood of the accused fleeing from justice, impact on prosecution witnesses, societal impact, and likelihood of tampering with evidence while granting bail. The High Court's failure to consider these f...
Criminal Law – Revisional Jurisdiction – Conviction from Acquittal – The Supreme Court held that under Section 401(3) CrPC, the High Court does not have the authority to convert an acquittal into a conviction while exercising its revisional jurisdiction. The correct approach would be to set aside the acquittal and remit the matter for retrial or rehearing by the appropriate court...
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...