Criminal Appeal – Anticipatory Bail – Denial of anticipatory bail by the High Court – Appellants sought anticipatory bail in three separate cases – Non-disclosure of relevant facts regarding initiation of proceedings under Sections 82 and 83 of Cr.P.C. – Interim protection granted but subsequently found that relevant facts were not disclosed – Appellants not ent...
Criminal Appeal – Regular Bail – Petitioner seeks regular bail in FIR No.51 of 2020 – Allegations under Sections 384, 420, 467, 468, 471, 201, 448, and 120-B IPC – Dispute arises from a construction agreement – Prima facie, dispute appears civil in nature – Petitioner arrested and in custody since 21.07.2021 – Trial commenced with 8 witnesses examined &nda...
Special Leave Petition – Pre-arrest Bail – Petitioner, a practicing lawyer, seeks pre-arrest bail against FIR No. 19 of 2022 lodged by his wife – Both sides adequately represented by counsel – Special Leave Petition heard and disposed of. [Para 1, 6]
Dowry Articles – Contested Claims – Respondent No. 2 alleges the dowry articles have not been returned,...
Criminal Law – Bail – High Court released the accused on bail at the interim relief stage despite serious charges under the IPC and MCOCA – Supreme Court held that the High Court erred in granting interim relief without considering the gravity of the offenses and the Special Judge’s detailed order refusing bail – Interim bail granted while the writ petition was pendin...
Criminal Appeal – Enlargement on Bail – Grant of bail to the petitioner – Petitioner seeks bail in connection with FIR No.285/2021 registered at Police Station Kho-Nagoriya, Jaipur City – Allegations of Section 498-A and 304-B IPC – Deceased's unnatural death within seven months of marriage – FIR by parents alleging mental torture and dowry demand – Pe...
Criminal Law – Post-arrest Bail – Appellant charged with serious offences under IPC, Arms Act, Explosive Substances Act, and UAPA – Charges framed in June 2019, appellant in custody since July 2012 – Trial progress slow with 298 prosecution witnesses – Supreme Court granted bail considering prolonged incarceration and slow trial – Directed State of West Bengal t...
Anticipatory Bail – Appellant accused of offenses under Section 376(2)(n) and 406 IPC – Denial of anticipatory bail by lower courts – Appellant cooperated with the investigation – Charge sheet filed – Case for trial – Appellant granted anticipatory bail, subject to conditions imposed by the trial Court. [Para 1-3]
False Complaint – Allegation of false c...
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...