Criminal Appeal – Bail Application – Appellant, a retired police officer, accused in various offenses under IPC, Arms Act, and UAPA – Initially denied bail by Special Court and High Court – Appeals to Supreme Court. [Para 1-3]
Charges and Allegations – Accused of involvement in planting gelatin sticks and a murder conspiracy – High Court found a “feeble...
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...
Bail Conditions - Modification - Furnishing of Local Surety - Jurisdiction - Violation of Article 14 of the Constitution - The petitioner, a resident of Uttar Pradesh, seeks modification of the bail condition requiring a local surety with immovable property within the jurisdiction of the trial court in Chandigarh. The petitioner argues that his relatives have immovable property in SAS Nagar, Mohal...
PC&PNDT Act – Gravity of Offense and Prima Facie Case – The PC&PNDT Act prohibits the use of prenatal diagnostic techniques for sex determination. Violations under this act are serious, non-bailable, non-compoundable, and cognizable. The charge sheet presents a prima facie case against the petitioner, involving a sting operation and the seizure of unlicensed ultrasound equipmen...
Indefeasible right to claim default bail - Filing of chargesheet - Error in filing chargesheet in wrong court - Committal proceedings - Applicability - Whether error in filing chargesheet in the wrong court affects the right of the accused to seek statutory/default bail under Section 167(2) of the CrPC - Held, the error in filing the chargesheet in the wrong court does not affect the right of the ...