Court Cannot Appreciate Evidence While Deciding Bail Application: Jammu & Kashmir High Court
4 years ago

Court Cannot Appreciate Evidence While Deciding Bail Application: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir High Court has held that a Court, while hearing application for bail, cannot appreciate the evidence that has been collected the prosecution against the accused. A Single Bench of Justice Puneet Gupta observed, "The court has been called upon to assess and appreciate the different angles of the prosecution case set up against the accused as is evident from the arguments that have been raised on behalf of the accused. The Judge concurred with the submission made on behalf of the State by AGA Aseem Sawhney that the court cannot appreciate the evidence that has been collected by the prosecution against the accused while deciding the bail application. Refusing indulgence, the Court said, "The extraordinary situation happening due to pandemic cannot be a ground to grant bail to the accused in the case which is otherwise at its initial stage."

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History of this topic

Shivaji remarks row: HC asks Kolhapur court to decide ex-scribe's pre-arrest bail on merits of case
2 weeks, 1 day ago

Shivaji remarks row: HC asks Kolhapur court to decide ex-scribe's pre-arrest bail on merits of case

Hindustan Times  

Mumbai, The Bombay High Court on Tuesday asked the Kolhapur sessions court to decide the anticipatory bail plea of former journalist Prashant Koratkar, accused of making offensive remarks on Chhatrapati Shivaji Maharaj and his son, on the merits of the case after hearing the parties. Shivaji remarks row: HC asks Kolhapur court to decide ex-scribe's pre-arrest bail on merits of …

Accused Granted Bail In FIR Cannot Be Re-Arrested For Different Offence In Same Case After Unreasonable Delay: J&K High Court
2 weeks, 1 day ago

Accused Granted Bail In FIR Cannot Be Re-Arrested For Different Offence In Same Case After Unreasonable Delay: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that it would amount to a gross deprivation of liberty if an accused who has already been granted bail in the case FIR is charged and arrested for a different offence after a period of 15 years. It had pinpointed that the investigation in the case began under offences falling under the Drugs …

Investigating Officer Must Be Given 'Free-Hand' While Probing Case Involving Serious Allegations: Andhra Pradesh High Court
2 weeks, 1 day ago

Investigating Officer Must Be Given 'Free-Hand' While Probing Case Involving Serious Allegations: Andhra Pradesh High Court

Live Law  

The High Court of Andhra Pradesh has held that in a case containing serious allegations, the Investigating Officer deserves a free hand to take the investigation to its logical conclusion. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail.” The Court was hearing an anticipatory bail …

In India, Far More Demand For Government Jobs Than Available Posts; Absolute Scruplousness Necessary In Selection Process: Supreme Court
2 weeks, 2 days ago

In India, Far More Demand For Government Jobs Than Available Posts; Absolute Scruplousness Necessary In Selection Process: Supreme Court

Live Law  

"In India, the reality is that there are far more takers of Government jobs than there are jobs available," observed the Supreme Court recently while setting aside the bail granted to the accused in case over the use of a "dummy candidate" in a Civil Engineer Competitive Examination.A bench comprising Justice Sanjay Karol and Justice Ahsanudding Amanullah allowed the appeal …

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
3 weeks ago

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences

Live Law  

In a recent case of 'X v. State of Rajasthan,' the Supreme Court observed that courts should refrain from entertaining bail applications in serious offences such as rape, murder, dacoity once the trial has commenced. Relying on an earlier order granting bail to a co-accused as well as noting certain discrepancies in the prosecutrix's statement recorded under Section 164 of …

Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court
3 weeks, 4 days ago

Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court held that a prima facie opinion at the bail application stage would not impact the investigation and trial. Court stated, “A finding of a prima facie case at the bail application stage is not binding to the trial court at the time of final disposal of that case. Therefore, simply because a …

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court
1 month, 3 weeks ago

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court

Live Law  

While setting aside the conviction order passed by the trial court in a rape and abduction case, the Jammu and Kashmir & Ladakh High Court observed that the fact that Prosecutrix was aware of the place where she was kept after abduction and raped but never identified that place during the investigation assumes significance as material contradiction. The trial court …

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017
1 month, 3 weeks ago

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017

Live Law  

While granting bail to a man accused of murder, the Allahabad High Court observed that it was regrettable that the applicant was kept in prison for more than 7 years without the trail ending anytime soon. Justice Krishan Pahal held, “Keeping the applicant in custody under these circumstances, when there is no realistic possibility of the trial being concluded in …

Bombay High Court grants bail to 6 accused in Govind Pansare murder case
Trending News
1 month, 3 weeks ago

Bombay High Court grants bail to 6 accused in Govind Pansare murder case

India Today  

The Bombay High Court on Wednesday granted bail to six accused in the 2015 murder of author and communist leader Govind Pansare, citing their prolonged incarceration. The prosecution claimed his killing was linked to the murders of activist Narendra Dabholkar, scholar MM Kalburgi, and journalist Gauri Lankesh, suggesting the attacks ceased only after key arrests in the 2018 Nalasopara Arms …

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman
1 month, 3 weeks ago

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman

Live Law  

The Allahabad High Court today refused the anticipatory bail plea filed by Congress's Member of Parliament from Sitapur Lok Sabha constituency, Rakesh Rathore, in connection with an FIR against him over allegations of sexually exploiting a 35-year-old woman.However, a bench of Justice Rajesh Singh Chauhan disposed of his plea at the admission stage, giving him the liberty. The Allahabad High …

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him
2 months ago

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him

Live Law  

The Supreme Court recently imposed costs of Rupees Two Lakhs on a petitioner who intended "to take undue advantage of procedural law" after he withdrew his anticipatory bail application twice before the High Court before moving the Apex Court. The bench noted that before the High Court the accused had withdrawn his application on Septem 30, 2024 on seeing the …

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail
Trending News
2 months ago

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail

The Hindu  

The Supreme Court on Tuesday asked Delhi Police to respond to a plea filed by former Councillor and Delhi riots accused Tahir Hussain, who has sought interim bail to campaign for the upcoming Delhi Assembly polls. Senior advocate Siddharth Aggarwal, appearing for Mr. Hussain, submitted the former Councillor was in custody for over four years and inciting a mob during …

J&K High Court Denies Bail In Rape & Suicide Case, Cautions Against Granting Bail In Heinous Offences Immediately Post Framing Of Charges
2 months, 1 week ago

J&K High Court Denies Bail In Rape & Suicide Case, Cautions Against Granting Bail In Heinous Offences Immediately Post Framing Of Charges

Live Law  

Stressing that bail should not ordinarily be granted in heinous offences like rape or murder once the trial begins, the Jammu and Kashmir and Ladakh High Court refused bail to the accused in a case of rape and abetment to suicide. It has been further held that it is only in the event if the trial gets unduly delayed and …

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC
2 months, 2 weeks ago

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that while adjudicating anticipatory bail under NDPS, the manner in which the petitioner has been arraigned or implicated is a required to be seen.Justice Sumeet Goel explained, “The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and …

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
2 months, 2 weeks ago

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement

Live Law  

Expressing “anguish and pain” over denial of bail to a man not even named by the minor victim in her statement, the Rajasthan High Court has sought explanation from a Special POCSO Judge for his decision. The bench of Justice Anil Kumar Upman opined that the increasing tendency of trial courts in rejecting bail petitions in a "casual and routine …

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders
2 months, 3 weeks ago

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders

Live Law  

The High Court of Jammu & Kashmir and Ladakh has stressed the necessity for judicial sensitivity and diligence in dealing with bail applications. Justice Dhar made these observations in a plea involving petitioner Umar Bashir Khan, who sought bail in connection with FIR registered under Sections 451, 376/511, 354, and 506 of the Ranbir Penal Code. After examining the submissions …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
3 months ago

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court

Live Law  

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". Such reluctance exacerbates the burden on High Courts, where …

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
3 months, 2 weeks ago

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

Live Law  

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the …

Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court
3 months, 2 weeks ago

Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court, while granting interim bail to an accused has emphasised that although a victim has the right to participate in criminal proceedings at all stages, there are instances where hearing the victim may not be necessary before granting relief. In the instant case also, the victim has been made a respondent by the …

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail
4 months, 2 weeks ago

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail

Live Law  

The Gujarat High Court granted regular bail to Saquib Nisar Shaikh–booked in connection with the 2013 Sabarmati prison break attempt case by allegedly digging a tunnel, noting that the applicant had already been in jail for over a decade with no immediate prospect of completion of trial.The FIR was registered under IPC Sections 224, 120B, 130and Sections 42 and 45 …

Supreme Court Issues Notice In Plea Challenging Bail Granted To One Accused In Tailor Kanhaiya Lal Murder Case
4 months, 2 weeks ago

Supreme Court Issues Notice In Plea Challenging Bail Granted To One Accused In Tailor Kanhaiya Lal Murder Case

Live Law  

The Supreme Court on Monday issued notice in a plea challenging bail granted to Mohammed Javed, one of the accused in the 2022 beheading case of Udaipur tailor Kanhaiya Lal. The petition challenges the Rajasthan High Court's decision to grant bail to Javed in September 2024, based on the court's assessment that prima facie evidence did not suggest Javed's involvement …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
7 months ago

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order

Live Law  

The Orissa High Court has denied bail to a person, accused of committing economic offences, for misleading the Court with regard to an order passed by the Supreme Court so as to obtain an adjournment and by playing such fraud, to extend the period of liberty. The top Court stayed the order of the High Court and exempted the petitioner …

Lawyer Not Authorised To Make A Statement Of Fact Not Specifically Pleaded In Anticipatory Bail Plea: Allahabad High Court
7 months ago

Lawyer Not Authorised To Make A Statement Of Fact Not Specifically Pleaded In Anticipatory Bail Plea: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that a counsel can only argue a fact pleaded specifically in the anticipatory bail application and is not authorized to make a statement of fact that has not been specifically pleaded. However, when a pointed query was made to the counsel for the applicant about which paragraph pleadings were made about the fact that …

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea
7 months, 2 weeks ago

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea

Live Law  

The Delhi High Court on Monday granted interim protection from arrest till August 21 to former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022.Justice Subramonium Prasad issued notice on Khedkar's anticipatory bail plea and sought response of Delhi. The Delhi High Court on …

Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail
7 months, 3 weeks ago

Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail

Live Law  

Observing that continued absence of prosecution witnesses is alarming in NDPS cases, especially given the severe drug menace in Punjab region, the Punjab & Haryana High Court has said that "since the trial has been delayed due to the repeated and continuous non-appearance of the prosecution witnesses, the State cannot justifiably oppose the prayer of the petitioner for bail."Previously,... Observing …

Jammu & Kashmir sub-inspector recruitment exam paper leak case: Court dismisses bail plea of kingpin
7 months, 3 weeks ago

Jammu & Kashmir sub-inspector recruitment exam paper leak case: Court dismisses bail plea of kingpin

The Hindu  

A special court in Jammu on July 29 rejected the bail application of the alleged 'kingpin' in 2022 Jammu and Kashmir Service Selection Board sub-inspector recruitment exam paper leak case, saying "money-laundering is a serious threat not only to financial system of the country but also to the global economy at large". The JKSSB sub-inspector recruitment exam was held on …

Supreme Court Issues Notice On MLA Abbas Ansari's Bail Plea In Case Over Alleged Illegal Meetings With Wife In Jail
8 months ago

Supreme Court Issues Notice On MLA Abbas Ansari's Bail Plea In Case Over Alleged Illegal Meetings With Wife In Jail

Live Law  

The Supreme Court today issued notice on Uttar Pradesh MLA Abbas Ansari's plea seeking bail in a case involving allegations that his wife made unrestricted visits to him in Chitrakoot jail and he used her mobile phone to threaten witnesses and officials.A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan passed the order, calling for the UP government's …

Bail Condition Requiring Accused To Appear In Police Station May Lead To Human Rights Abuses, Give Scope Of False Allegations: Gujarat High Court
8 months ago

Bail Condition Requiring Accused To Appear In Police Station May Lead To Human Rights Abuses, Give Scope Of False Allegations: Gujarat High Court

Live Law  

The Gujarat High Court has ruled that conditions requiring an accused to mark his presence at police station could lead to grievances, human rights abuses, and false allegations. “It is needless to point out that such conditions of marking presence at Police Station would invite many grievances which may also lead to abuse of human rights and may give a …

Allahabad HC Denies Bail to Man Accused of Beheading Woman For Refusing Religious Conversion
8 months, 2 weeks ago

Allahabad HC Denies Bail to Man Accused of Beheading Woman For Refusing Religious Conversion

News 18  

The Allahabad High Court recently denied bail to a man, accused of killing a woman who refused to convert her religion after marrying a Muslim man. The court took into account the severity of the crime, accused Shoeb Akhtar’s involvement, and the advanced stage of the trial in its decision to deny bail. Shoeb Akhtar’s first bail application was rejected …

While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC
8 months, 2 weeks ago

While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC

Live Law  

In a significant order, the Goa bench of the Bombay High Court on Tuesday held that a trial court while granting bail does not have any power to direct a person/accused to apply for a passport, obtain it and then surrender it to avail bail. Single-judge Justice Bharat Deshpande quashed and set aside such an "unusual" condition imposed by a …

Allahabad High Court Denies Bail To Man Accused Of Beheading Woman As She Refused To Convert After Marriage
8 months, 2 weeks ago

Allahabad High Court Denies Bail To Man Accused Of Beheading Woman As She Refused To Convert After Marriage

Live Law  

On Tuesday, the Allahabad High Court denied bail to a man accused of brutally beheading a Hindu woman and leaving her body in a drain in September 2020 after she refused to convert to Islam following her marriage with one Ejaj/Aijaj. The first bail application of the applicant was rejected by the High Court in January, considering the facts that, …

J&K: Cop in jail for ‘fake encounter’ gets bail after 18 years
8 months, 2 weeks ago

J&K: Cop in jail for ‘fake encounter’ gets bail after 18 years

Hindustan Times  

Expressing displeasure for a delayed trial, the high court of J&K and Ladakh has granted bail to the policeman in jail for nearly 18 years involved in a fake encounter case in Bandipora. Justice Atul Sreedharan announced bail to Bansi Lal, 56, in the Jammu wing of high court and ordered him to furnish personal bond of ₹50,000, and a …

Telangana: Nampally Court Dismisses Bail Pleas of Accused in Snooping Case
8 months, 3 weeks ago

Telangana: Nampally Court Dismisses Bail Pleas of Accused in Snooping Case

Deccan Chronicle  

Hyderabad: In a major development, the Nampally Court on Thursday dismissed the bail pleas filed by the accused in the phone-tapping case after the police investigation led to more leads. Three of the accused N. Bhujanga Rao, Tirupatanna and G. Praneeth Rao filed petitions seeking bail stating that although they were in remand for 90 days, the investigation officer had …

Court was prejudiced: Saurabh Bhardwaj on Delhi HC decision to stay bail of Arvind Kejriwal
9 months ago

Court was prejudiced: Saurabh Bhardwaj on Delhi HC decision to stay bail of Arvind Kejriwal

Op India  

The Delhi High Court on Tuesday, June 25th, granted the Enforcement Directorate’s request to stay the trial court’s bail ruling for Delhi Chief Minister Arvind Kejriwal in the money laundering case in the liquor policy excise scam. Meanwhile, commenting on the Delhi High Court’s decision to stay the trial court’s order granting bail to CM Arvind Kejriwal in the excise …

Must Guard Against Ideological Biases, False Narratives In Terrorism Cases: Kerala HC Grants Bail To 17 PFI Members Accused In RSS Leader's Murder
9 months ago

Must Guard Against Ideological Biases, False Narratives In Terrorism Cases: Kerala HC Grants Bail To 17 PFI Members Accused In RSS Leader's Murder

Live Law  

The Kerala High Court today held that while considering allegations of terrorism and related offences under the Unlawful Activities Act, 1967, the Courts should not get carried away by confirmation bias that might creep in based on ideological biases and false narratives prevalent in the society. “Over and above the principles gleaned from the precedents referred above, we feel that …

Delhi HC stays trial court's order granting bail to Arvind Kejriwal, says ‘observations totally unjustified’
9 months ago

Delhi HC stays trial court's order granting bail to Arvind Kejriwal, says ‘observations totally unjustified’

Hindustan Times  

Delhi chief minister and Aam Aadmi Party national convenor Arvind Kejriwal will continue to stay in jail after the Delhi high court allowed the Enforcement Directorate’s plea challenging a trial court’s order that had granted him bail in a money laundering case linked to a now-scrapped excise policy. The high court criticised the trial court's observation that the voluminous material …

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas
9 months, 1 week ago

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas

Live Law  

Rajasthan High Court has denied anticipatory bail to the person charged under five different FIRs for forging “pattas” that were never actually issued by the Ajmer Development Authority and taking lakhs of rupees from complainants to distribute these fabricated pattas and documents. A bench of Justice Anoop Kumar Dhand said, “While considering an application for grant of anticipatory bail, no …

Evidence may be tampered if Kejriwal given bail: ED
9 months, 2 weeks ago

Evidence may be tampered if Kejriwal given bail: ED

Hindustan Times  

The Enforcement Directorate has raised concerns that crucial evidence might be destroyed if Delhi chief minister Arvind Kejriwal is granted bail in the Delhi excise policy case, as the agency opposed Kejriwal’s regular bail application before the Delhi Rouse Avenue court. ED emphasised that ample evidence links Kejriwal to the offence of money laundering, and his release on bail could …

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape
9 months, 3 weeks ago

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused. Spotlighting the distinction between elaboration and improvisation with respect to …

Supreme Court refuses to entertain Hemant Soren's interim bail plea against ED arrest, pulls up ex-Jharkhand CM
10 months ago

Supreme Court refuses to entertain Hemant Soren's interim bail plea against ED arrest, pulls up ex-Jharkhand CM

Hindustan Times  

The Supreme Court on Wednesday, May 22, refused to entertain former Jharkhand chief minister Hemant Soren's petition challenging the Enforcement Directorate's arrest in a money laundering case related to an alleged land scam in the state and seeking interim bail for campaigning in the Lok Sabha elections 2024. The court underscored the distinctions that set Hemant Soren’s case apart from …

Bombay High Court Grants Bail To Murder Accused Who Wasn't Produced Before Trial Court On 70 Previous Dates, Calls It Prosecution's Failure
10 months, 2 weeks ago

Bombay High Court Grants Bail To Murder Accused Who Wasn't Produced Before Trial Court On 70 Previous Dates, Calls It Prosecution's Failure

Live Law  

The Bombay High Court recently granted bail to a murder accused after he was not produced before the trial court on 70 occasions, despite notices from the trial court. Justice SG Mehare of the Aurangabad bench observed that although the charges are serious, the non-production of the accused before the trial court entitled him to bail. The accused was not …

[UAPA] Framing Charges By Itself Is Not Sufficient To Deny Bail: J&K High Court Grants Bail To Woman Accused Of Harboring Terrorist
1 year ago

[UAPA] Framing Charges By Itself Is Not Sufficient To Deny Bail: J&K High Court Grants Bail To Woman Accused Of Harboring Terrorist

Live Law  

Granting bail to a woman accused of harbouring a terrorist the Jammu and Kashmir and Ladakh High Court has observed that framing charges under stringent anti-terror laws is not enough to deny bail if the accused presents a case for release. In allowing her plea for bail a Division bench comprising Justices Tashi Rabstan & Puneet Gupta observed, “The framing …

Bhima Koregaon Case | 'Don't Need Shoma Sen In Custody Anymore': NIA Tells Supreme Court; Oral Arguments In Bail Plea Concluded
1 year ago

Bhima Koregaon Case | 'Don't Need Shoma Sen In Custody Anymore': NIA Tells Supreme Court; Oral Arguments In Bail Plea Concluded

Live Law  

In a significant development, the National Investigation Agency made a surprising admission in the Supreme Court this week regarding former Nagpur University professor and Bhima Koregaon-accused Shoma Sen. The top court issued notice in Sen's special leave petition in May last year, along with co-accused Jyoti Jagtap's bail plea. The apex court heard Additional Solicitor General Nataraj's argument against the …

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court
1 year ago

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court

Live Law  

The Jammu and Kashmir & Ladakh High Court has said that ordinarily the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the appellate court. However clarifying the circumstances under which an appellate court can allow parties to introduce new evidence during an appeal Justice Javed Iqbal Wani observed, “Normally an appellate …

Illegal Mining Case: Jharkhand High Court Rejects Bail Plea Of Pankaj Mishra, MLA Representative Of Hemant Soren
1 year, 1 month ago

Illegal Mining Case: Jharkhand High Court Rejects Bail Plea Of Pankaj Mishra, MLA Representative Of Hemant Soren

Live Law  

The Jharkhand High Court on Saturday rejected the bail petition of Pankaj Mishra, an MLA representative of the state's former Chief Minister Hemant Soren. The ED also leveled charges against electricity trader Prem Prakash, local criminal Sahibganj Bacchu Yadav, and Pankaj Mishra, and subsequently filed a prosecution charge in March 2023 under the Prevention of Money Laundering Act. In his …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 1 month ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Bombay High Court Denies Anticipatory Bail To Advocate Accused Of Cheating Client By Forging Bail Order
1 year, 2 months ago

Bombay High Court Denies Anticipatory Bail To Advocate Accused Of Cheating Client By Forging Bail Order

Live Law  

The Bombay High Court recently refused to grant anticipatory bail to advocate Hiral Chandrakant Jadhav accused of cheating a client by presenting a forged sessions court bail order for her husband in a murder case. When the complainant checked the e-courts portal and the Registry of Dindoshi Sessions Court, she was told that no such documents, viz., the bail order …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
1 year, 2 months ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts
1 year, 3 months ago

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts

Live Law  

The Supreme Court expressed concern at the High Courts not listing bail applications arising out of the same FIR before the same bench, despite repeated orders. The bench comprising Justices CT Ravikumar and Sanjay Kumar, in its order, stressed the need for listing bail applications pertaining to the same FIR before one single bench in order to avoid conflicting decisions, …

HC grants anticipatory bail to SAD chief Sukhbir Badal, ex-DGP Sumedh Saini in 2015 police firing case
1 year, 5 months ago

HC grants anticipatory bail to SAD chief Sukhbir Badal, ex-DGP Sumedh Saini in 2015 police firing case

The Hindu  

The Punjab and Haryana High Court on September 29 granted anticipatory bail to Punjab’s former Deputy Chief Minister and Shiromani Akali Dal president Sukhbir Singh Badal, as well as to ex-Director General of Police Sumedh Saini and four other former police officers, in connection with a 2015 case where the police allegedly fired on peaceful protesters at Kotkapura and Behbal …

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