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 ...
Criminal Procedure – Default Bail – Computation of Period – Appeals against Bombay High Court order granting default bail – Respondents arrested for offences under Prevention of Money Laundering Act, 2002 – Issue of whether the remand day should be included or excluded in the computation of the 60-day period for default bail under Section 167(2) CrPC – Conflicti...
Bail Application - Rejection of bail - Appellant, along with others, accused of offenses under the GCTOC Act and IPC - Allegations of intimidation, threats, and extortion - Prima facie material indicating regular participation in crime - Bail application dismissed by High Court - Appeal filed seeking bail - Court declining bail considering alleged role of appellant, existence of other cases, and s...
Unlawful Activities (Prevention) Act – Bail – Constitutional Courts' Authority – Respondent accused of serious offenses under UAPA – High Court granted bail citing long period of incarceration and unlikelihood of trial completion soon – Supreme Court upheld High Court’s order, noting that constitutional courts can grant bail if trial is excessively delayed, ...