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 Procedure – Anticipatory Bail – Denial of bail due to significant evidence indicating siphoning of funds – Petitioners Ashok Kumar Sahni and Supriya Nakra accused of redirecting Rs.2.02 crores meant for purchasing mobile phone accessories into accounts controlled by themselves and associates – Detailed investigation reveals large scale financial misappropriations a...
Anticipatory Bail – Section 438 Cr.P.C. – Petitioner accused of conspiracy under Sections 341, 307, 120B read with Section 34 IPC – Incident occurred on 11.03.2023 near Saibaba Temple, Anantapuramu, involving physical assault by unidentified assailants – Petitioner’s involvement cited as conspiratorial without direct participation in the assault – Bail granted c...
Criminal Law – Unlawful Detention and Bail - Illegal Detention – Detention beyond 24 hours without justification – Petitioner detained for 13 hours beyond statutory limit – Contradictory affidavits from respondents explaining delay – Justifications for delay found to be prima facie unconvincing and an afterthought – Court emphasized the importance of prompt prod...
Criminal Law – Suspension of Sentence – Economic Offences – Applications for suspension of sentence and grant of bail by convicts found guilty of serious economic offences including fraud and misappropriation of funds from a cooperative financial institution – Offences committed by individuals in positions of trust, resulting in significant financial losses to depositors &n...
Bail in Economic Offenses – The court evaluated the petition for regular bail considering the principle that bail is the rule and jail the exception. It acknowledged the Supreme Court's stance that while the gravity of economic offenses warrants sensitivity, it does not justify an automatic denial of bail. The court emphasized the need to balance the liberty of the individual against the...
Criminal Law – Grant of Interim Bail – Section 439 of the Cr.P.C. and Sections 3/4 of the Prevention of Money Laundering Act, 2002 (PMLA) – Application for interim bail on humanitarian grounds due to medical necessity of applicant’s wife and care requirements for their child – Detailed scrutiny of family support availability and applicant’s alleged involvement i...
Criminal Law – Conviction under Section 138 of NI Act – The petitioner was convicted by the Trial Court and the conviction was upheld by the Appellate Court – Petitioner issued cheques which were dishonored due to insufficient funds – Trial Court relied on the presumption under Section 139 of the NI Act – Petitioner argued that cheques were issued as security for othe...
Criminal Law - Bail Application – Denial by Trial Court under UAPA for alleged ISIS involvement – Charges under IPC and UAPA, including Sections 38 and 39 – High Court grants bail, citing insufficient evidence of intent to further terrorist activities, as required under specific UAPA sections – Prosecution fails to establish required intention beyond mere possession and acc...
Bail Application – Sixth Bail Application Filed by Petitioner (A.2) – Grounds for Rejection – High Court Examined Specific Allegations Against Petitioner – Prima Facie Evidence Including Forensic Analysis and Witness Testimonies – No Substantial Change of Circumstances Justifying Bail – Allegations of Threats to Witnesses and Interference with Investigation Uphe...