Criminal Law – Cancellation of Anticipatory Bail – Factors Considered – Criminal petitions filed under Section 439(2) of Cr.P.C. for cancellation of anticipatory bail granted to private respondents in a case involving allegations under Sections 323, 406, 498-A, 506, and 34 IPC, and Section 25 of the Arms Act – Anticipatory bail granted by the Additional Sessions Judge, Fari...
Bail Application – NDPS Act – Allegations of transporting 221 kg of Ganja – Applicants, driver and co-driver, argue false implication and non-compliance with statutory provisions – No independent public witnesses, contraband owner not applicants – Special Acts necessitate timely trial – Bail granted due to prolonged incarceration and trial delay – Referenc...
Bail – NDPS Act – Grant of Bail – Petitioners charged with transportation of narcotics – Trial Court had granted bail to similarly placed co-accused – Petitioners alleged to be mere drivers with no previous criminal record – High Court grants bail considering parity and lack of previous criminal involvement [Paras 1-8].
Offence under NDPS Act &ndash...
Criminal Law – Bail – Applications for bail under Section 439 Cr.P.C. – Allegations of forgery and conspiracy involving false sale deeds – Accused persons include a former Computer Operator and an Advocate – No incriminating material recovered from accused’s possession – Charge-sheet filed, no requirement for further custodial interrogation – Bail gr...
Criminal Law – Appeal Against Acquittal – State appealed against the acquittal of Bhikhabhai Punjabhai Solanki and others by the Additional Sessions Judge, Kheda, Camp at Anand - The case involved the death of Vitthalbhai due to alleged assault by respondents on suspicion of illicit relationship - Prosecution's case primarily hinged on the testimony of sole eyewitness PW-1 Sureshbh...
NDPS Act – Regular Bail – Petitioner, accused of possessing 8.25 grams of MDMA, sought bail under Section 439 of Cr.P.C. – Arrested on 30.3.2024, currently in judicial custody – Petitioner claimed innocence and alleged false implication – No previous criminal antecedents and no apprehension of absconding if granted bail [Paras 2-4].
Considerations for Bai...
Criminal Law – Appeal against Acquittal – Legal Standards and Appellate Review – Criminal Appeal against the judgment of acquittal passed by the Additional Sessions Judge, Kheda, Camp at Anand – Acquittal of respondents under Sections 302, 323, 365, 342, 147, 148, 149 of IPC – Allegation of abduction and murder – Supreme Court emphasizes double presumption of in...
Bail in NDPS Cases – Prolonged Pre-Trial Detention – The court addressed the issue of prolonged pre-trial detention for the petitioners, emphasizing that they had been in custody for more than three years (or approximately two and a half years for some) without significant progress in their trials. The court highlighted that such extended detention, without the completion of trial, vio...
Criminal Law – Bail Granted by High Court Upheld by Supreme Court – Challenge by Union of India against Jharkhand High Court's order dated 30.01.2023 granting bail to the respondent, Mrityunjay Kumar Singh, involved in the Chandwa police attack case – Supreme Court found no strong prima facie case against the conditions of bail being violated and noted no substantial material...
Criminal Law – Arrest and Interim Bail – Appeal challenging arrest upheld by lower courts – Interim bail granted due to ongoing general elections and pending legal examination of arrest's validity – Supreme Court examined interim bail/release due to Arvind Kejriwal’s role in ongoing general elections, holding that ignoring peculiar circumstances would be inequitab...