Matrimonial Acrimony a Strong Motive for False Implication: Punjab & Haryana High Court Refuses State's Appeal in POCSO Acquittal Conviction Cannot Rest on Presumptions and Hearsay: Rajasthan High Court Acquits Man Accused of Murder Based on Circumstantial Evidence and Revenge Theory A Decree Based on No Pre-existing Right and Procured Through an Impostor is Void and Unenforceable: P&H HC No Insurance Cover, No 'Pay and Recover': Madras High Court Exonerates Insurer from Liability Due to Bounced Premium Cheque Licence That Is Void Ab Initio Cannot Be Protected by Due Process: Calcutta High Court Upholds Licensing Authority’s Inherent Power to Revoke Fair Price Shop Licence Unless Fraudulent Misrepresentation Is Shown, Writ Jurisdiction Cannot Be Invoked Against Alleged Unauthorized Constructions: Andhra Pradesh High Court Dismisses Pleas Seeking Demolition Delay in Lodging FIR is Fatal Where Police Reached the Crime Scene Same Night: Allahabad High Court Acquits Murder Accused After 38 Years

"Bail" Digest

Criminal Law – Regular Bail – Long Pre-trial Incarceration – Speedy Trial – The petitioner, charged with offenses under Sections 302, 307, 324, 379, 411, 483, 506, 34, and 120-B of the IPC, sought bail after being in custody for over 4 years. Only 5 out of 21 witnesses had been examined in that period – Held: The right to speedy trial under Article 21 of the Constitut...

Bail Application – PMLA Provisions – Petitioner sought regular bail under Section 439 Cr.P.C. – Contended absence of scheduled offence linkage and non-completion of scheduled offence investigation – High Court evaluated provisions of PMLA, nature of allegations, and evidence presented – Emphasized stringent conditions under Section 45 PMLA for bail – Recognized ...

Anticipatory Bail – UAPA Provisions – Application of Section 43D(4) UAPA – Petitioners sought anticipatory bail under Section 438 Cr.P.C. contending lack of prima facie evidence – High Court upheld rejection of anticipatory bail by NIA Special Judge – Emphasized statutory bar under Section 43D(4) UAPA precluding anticipatory bail – Detailed examination of eviden...

Criminal Law - Suspension of Sentence Pending Appeal – Conviction Under IPC and MCOC Act – Applicant's Bail Granted – Applicant sought suspension of sentence pending appeal after being convicted by the Special Court for offenses under sections 302 read with 120B IPC, and sections 3(1)(i), 3(2), and 3(4) of the Maharashtra Control of Organized Crime Act (MCOC Act) – Appl...

Criminal Law – Bail – Presumption of Innocence – The petitioner sought regular bail, contending that he had been falsely implicated based on the disclosure of a co-accused and had already been in custody for over 2 years and 7 months – Held: The court recognized the fundamental principle of criminal jurisprudence that the accused is presumed innocent until proven guilty, an...

Criminal Law – Sexual Assault – Anticipatory Bail – Petition under Section 438 of Cr.P.C. by the petitioner/accused for offences under Sections 376(2)(n), 376(2)(k), 354(A), 354(B), 354(C), 506 IPC and Section 66E of the IT Act – Petitioner accused of repeated sexual assault on a maid working at his house – Alleged crimes include sexual advances, assault, recording wi...

Pre-Arrest Bail – Alleged Sexual Intercourse on False Promise of Marriage – Petitioner accused of establishing a sexual relationship with the survivor on the false promise of marriage – Prosecution alleged that petitioner retracted his promise when the survivor became pregnant – Crime registered under Section 376(2)(n) IPC – Petitioner claimed the relationship was con...

Bail under UAPA – Long Custody – Article 21 of the Constitution – The appellant has been in custody for over 2 years, 4 months, and 17 days. The appellant was nominated based on a co-accused’s disclosure statement, and despite serious allegations, no charges have been framed yet. Held: The appellant’s right to a speedy trial under Article 21 of the Constitution was be...

NDPS Act – Bail Petition – Pretrial Detention Unnecessary – The petitioner was apprehended in possession of heroin during a Nakka set up by the police. Investigation completed and charges filed. Held: Pretrial incarceration should be avoided unless necessary. Since no recovery is pending and there is no flight risk or evidence of past criminal history related to serious offences,...

Anticipatory Bail – Prima Facie Case – Applicability of Section 18 of SC/ST (POA) Act – The appellant, charged with offences under IPC and SC/ST (Prevention of Atrocities) Act, sought anticipatory bail – Court held: The prosecution failed to prima facie establish the ingredients of the offences under the SC/ST Act – No satisfactory explanation was provided for the two...