Criminal Law - Bail - Grant of Bail - Factors to be considered - Seriousness of the offense - Likelihood of accused fleeing from justice - Impact on prosecution witnesses - Possibility of tampering with evidence - Criminal antecedents of the accused - Prima facie satisfaction of the court on the charges - Need for recording reasons while granting bail.
Judgments - Contents of - Requirement of a...
Criminal Appeal – Interim Bail – Appellant seeks interim bail for the purpose of finalizing accounts for filing returns under the Companies Act and Income Tax Act – Appellant currently incarcerated in Sabarmati Central Correctional Home – Interim bail granted for three days with specific conditions. [Para 1-6]
Interim Bail – Conditions – Appellant's relea...
Criminal Appeal – Bail – Unlawful Activities (Prevention) Act, 1967 – Indian Penal Code, 1860 – Appellants sought bail in cases relating to charges under UAPA and IPC – Examination of materials and evidence presented by prosecution – Assessment of whether reasonable grounds exist to believe accusations against appellants are prima facie true – ...
Legal Representation – Absence of Appellant’s Advocate – The Division Bench appointed an advocate to represent appellant Niranjan Das but failed to give adequate time for preparation. Advocacy impaired due to lack of time to study the case, indicating procedural impropriety. [Para 4, 6-7]
Conviction – Section 302 of IPC – Appellant Niranjan Das convicted for murder...
Anticipatory Bail – Cancellation of High Court Order – State of Haryana appeals against anticipatory bail granted to the respondent, Dharamraj, by the High Court of Punjab and Haryana – Respondent declared a proclaimed offender and accused under various sections of IPC – Supreme Court finds High Court's grant of anticipatory bail improper. [Para 2-3, 13]
Proclaimed O...
Murder – Cancellation of Bail – High Court granted bail to the accused without adequate reasoning – Accusations are serious, involving murder and attempted murder – High Court’s orders set aside – Respondent to surrender [Paras 1-32].
Grant of Bail – Judicial Discretion – Courts must consider the nature of accusations, severity of punishment, and ...
Anticipatory Bail - Cancellation - Non-cooperation with investigation - Respondent High Court canceled the anticipatory bail granted to the petitioner on grounds of non-cooperation with the investigation and failure to respond to the Investigating Officer's calls - Supreme Court declined to interfere with the impugned orders passed by the High Court, upholding the cancellation of anticipatory ...
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...