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...
Bail – Judicial Discretion – Appeal against High Court's order granting bail to an accused charged with serious financial offences – Supreme Court emphasizes that bail decisions must consider the nature and gravity of the accusations, the modus operandi, and the evidence collected during the investigation – High Court's failure to consider these factors renders...
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...
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...