NDPS Act – Bail Conditions – High Court granted bail based on absence of contraband possession and error in statement translation – Supreme Court held High Court failed to adhere to Section 37(1)(b) NDPS Act requirements – Emphasized need for "reasonable grounds" to believe accused not guilty and not likely to commit offences on bail – Set aside High Court o...
Bail Rejection Upheld – High Court of Chhattisgarh's decision to reject bail application upheld – Appellant, Saumya Chaurasia, arrested in connection with crimes under IPC and PMLA, involved in a large-scale extortion racket – No compelling reason for granting bail observed. [Para 30]
Misrepresentation in SLP – Attempt by appellant to misrepresent facts in the Specia...
Penal Code – Sections 302, 149, 201 r/w 120B – Murder – Cancellation of Bail –The Supreme Court held that the High Court erred in releasing the accused on bail pending appeal against their conviction under Sections 302, 149, 201, r/w 120B IPC. The High Court failed to consider the accused’s repeated threats to witnesses and the gravity of the accusations. The conduct ...
Bail Cancellation – Specific Allegations – Appellant challenges the High Court's decision to grant bail to the second respondent – Supreme Court finds specific allegations that the second respondent aided the crime by providing information to the killers and was involved in the conspiracy – High Court's failure to consider the seriousness of the crime and the role a...
The State of Gujarat issued summons dated 31.10.2018 to the respondents under Section 145 of the Central Excise Act, 1944, as made applicable to the service tax vide Section 83 of the Finance Act, 1994, and Section 70 of the Central Goods and Service Tax Act, 2017, in connection with an inquiry against M/s. Iyer Enterprise Mundra Kutch for alleged evasion of Goods and Service Tax Liability. The re...
Bail under UAPA – Mens Rea Requirement – Appellant challenges the denial of bail, arguing that mere association with a terrorist organization is insufficient for offenses under Sections 38 and 39 of UAPA without proving intent to further terrorist activities – Supreme Court agrees, emphasizing that the accused must have associated with the organization with the intention to furth...
Bail application - Rejection of - Co-accused released on bail not surrendering - Whether a relevant factor to decline bail to the appellant - Held, no - Co-accused's actions cannot be attributed to the appellant - Matter requires reconsideration by the High Court.
Narcotic Drugs and Psychotropic Substances Act, 1985 - Offenses under Section 20(b)(ii)(C) - Bail application - Rejection of - C...
Bail application - Rejection - Charges under Sections 376AB of IPC and Section 5m/6 of POCSO Act - Allegation of rape on a 7-year-old victim - Applicant falsely implicated - Medical examination report does not support prosecution's allegations - Intact hymen and no injuries found on victim's body - Court cites medical jurisprudence to establish that complete penetration, ejaculation, or hy...
Criminal Procedure Code – Compensation for Accusation without Reasonable Cause – The appellants, accused of involvement in a fight resulting in deaths, were granted bail with a condition to deposit Rs. 2 lakh each as compensation to the victims – Supreme Court held that the CrPC does not permit the imposition of such a condition at the stage of bail – Condition set aside [P...
Criminal Law – Bail – Cancellation – Habitual Offender – Accused was involved in four criminal cases and had been convicted – While on bail, accused committed another offence and hatched a conspiracy from jail to commit murder – High Court cancelled the bail in another case due to involvement in heinous crimes while on bail – High likelihood of threat and ...