Bail Application – Prolonged Trial – Section 439 CrPC – Bail Granted - The petitioner, in custody since 12/09/2016, filed a second bail application under Section 439 CrPC, after the first bail plea was dismissed. The Court observed that despite the passage of over eight years, only four out of 28 witnesses had been examined, and the trial had been proceeding at a snail's pace...
Criminal Law – Bail under UAPA – Prolonged Incarceration – Bail Granted – The appellant, accused of involvement in a terrorist act and possession of explosives, was in custody for over two years – The Court observed that no substantial evidence beyond the statement of a co-accused was presented to link the appellant to the offences – Held: Given the prolonged cu...
Disproportionate Assets – Pre-Arrest Bail – Section 13 of the Prevention of Corruption Act - The petitioner, a former Media Advisor to the Chief Minister, sought pre-arrest bail after being accused of accumulating disproportionate assets to his known sources of income during his tenure. The Court, after considering the serious nature of the allegations and the petitioner&rsqu...
Appeal Against Acquittal – Sections 376/511 IPC – Acquittal Upheld - The State filed a leave petition challenging the acquittal of the respondents in a case of attempted rape under Sections 376/511 IPC. The High Court upheld the acquittal, noting that the prosecutrix had retracted her initial complaint during cross-examination, stating that the complaint was filed due to a rent dispute...
Prevention of Money Laundering Act – Application of Twin Test – Section 45 of PMLA – Bail Granted - The applicant, arrested under the PMLA for alleged disproportionate assets amounting to 204% of known income, sought bail. The Court, after reviewing the twin conditions under Section 45 of the PMLA, found that the applicant had made out a prima facie case. Since the chargesheet in...
Criminal Law – Bail Application – Prolonged Detention – PMLA Case – Bail Granted – The appellant had been in custody for over two years, facing charges under the PMLA based on an FIR that initially alleged non-scheduled offenses. With the addition of Section 384 IPC, the Enforcement Directorate filed a complaint under Section 44 of the PMLA. The Supreme Court, conside...
Bail – Prolonged Incarceration – Section 436A CrPC – NDPS and Foreigners Act – Bail Granted – The petitioner, a Bangladeshi national, was arrested in April 2019 for possessing Yaba tablets and for entering India without valid documents – The petitioner has been in custody for over five years and five months, exceeding the maximum imprisonment period under the Fo...
Bail Application – UAPA – Long Incarceration – Bail Granted – The appellant was accused of harboring co-accused involved in a blast case but was not present at the scene of the crime – The Court noted that no incriminating materials, such as explosives or suspicious financial transactions, were found to link the appellant directly to the crime – Citing the appel...
Bail Application – Grant of Bail – Sections 377, 498A IPC and Sections 66E, 67A IT Act – Bail Granted - The appellant, who had been incarcerated for nearly one year, was involved in a case filed after a divorce petition, with allegations related to electronic files disputed by him. He sought bail pending trial on charges under Sections 377, 498A, 506, and 34 of the IPC and Sectio...
Criminal Law – Bail Application – Charges under IPC and POCSO Act – Appellant arrested under Sections 354(D), 506, 363, 366, 376, 511, and 34 IPC, and Sections 7/8 and 11/12 of the POCSO Act – High Court rejected bail due to seriousness of the charges and age of the victim – Supreme Court grants bail considering the appellant’s young age and fact that the victim...