Default Bail - Sect. 167(2) Criminal Procedure Code, 1973 - Sect. 18, 21C, 22C, 29, 36, and 36A(4) Narcotic Drugs and Psychotropic Substances Act, 1985 - Filing of challan without Forensic Science Laboratory (FSL) report - Whether incomplete challan - Grant of default bail - Petitioner apprehended with commercial quantity of medical intoxicants - Challan filed without FSL report within statu...
Regular Bail - Section 22(C) Narcotic Drugs and Psychotropic Substances Act, 1985 – Constitution of India, Article 21 -- NDPS case – Regular bail – Commercial quantity – Recovery of 4800 tablets of RLAM-0.5 from petitioner - Co-accused already granted bail - Petitioner a first time offender - Violation of mandatory provisions of NDPS Act alleged - Held, provisions of Sectio...
Criminal Law – Bail Conditions – Sexual Harassment – Appeal against the High Court's order using rakhi tying as a bail condition for an accused of sexual harassment – Supreme Court finds the condition wholly unacceptable and diluting the offence of sexual harassment – Such conditions transform a molester into a brother by judicial mandate and perpetuate gender ste...
Anticipatory Bail - Sections 384, 506, 511, 120-B, 192, 211, 218, 219, 180 IPC - Section 438 Cr.P.C - Prima facie case - petitioner was alleged to be involved in extortion and blackmailing along with his co-accused - Allegations of blackmail and extortion against petitioner - Conduct of petitioner in active connivance with co-accused - Petitioner refused to hand over mobile phone during inve...
Criminal Law – Bail – IPC Sections 302, 307 – Arms Act – High Court granted bail to accused on the basis of parity – Co-accused's bail subsequently canceled by Supreme Court – Orders granting bail to respondents set aside – Respondents to surrender and may apply for fresh bail [Paras 1-19].
Bail – Judicial Discretion – High Court granted...
BAIL – Grant of bail – Accused charged under sections 363/376 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 – Prosecutrix, allegedly a minor at the time of the incident, in a relationship with the accused – Prosecutrix consistent in her statement that she went with accused out of her free will – Accused and prosecutrix wanted to marry each...
Bail Application – Rejection by High Court Petitioner appeals against the High Court's decision, which had denied his bail in connection to a case registered under Section 4 of the Prevention of Money Laundering Act, 2002. [Para 1]
Representation by Counsel Learned senior counsel for the petitioner argues that Rs. 30 lakhs in the petitioner's bank account cannot be considered as p...
Criminal Law – Bail – Grant of Bail – The High Court's decision to grant bail to the accused, a history-sheeter charged with murder and other serious offences, was challenged. The Supreme Court noted the potential threat to witnesses and the safety concerns of victims' families. It emphasized the need for courts to consider the impact of bail on the witnesses and the publ...
Bail - Anticipatory Bail - Grant of - Conditions - FIR registered against the petitioner under Section 306 IPC - Petitioner apprehending arrest - Petitioner being a first-time offender with no criminal antecedents - Custodial investigation and pre-trial incarceration causing irreparable injustice – Prima facie analysis of the nature of allegations does not justify custodial or pre-trial inca...
Anticipatory Bail – Grant of – Seriousness of offence and need for custodial interrogation – Balance between individual rights and interests of justice – Land forgery and fraud – Prima facie evidence of fraudulent transactions – Suspicion regarding authenticity of documents – Elderly and vulnerable victims – Necessity of thorough investigation &ndash...