State Law Officers Should Get Reasonable Time To Prepare Cases To Assist Court: Allahabad High Court Directs Formation Of Guidelines
3 years, 5 months ago

State Law Officers Should Get Reasonable Time To Prepare Cases To Assist Court: Allahabad High Court Directs Formation Of Guidelines

Live Law  

The Allahabad High Court expressed its shock over the way in which the bail applications are opposed by the State Law Officers before it, and thus called for the formation of certain guidelines so that they get reasonable time to prepare the case in order to give proper assistance to the Court.The Bench of Justice Saurabh Shyam Shamshery was informed by the AGA that due to paucity of time,. The Allahabad High Court expressed its shock over the way in which the bail applications are opposed by the State Law Officers before it, and thus called for the formation of certain guidelines so that they get reasonable time to prepare the case in order to give proper assistance to the Court. The Bench of Justice Saurabh Shyam Shamshery was informed by the AGA that due to paucity of time, the State Law Officers are unable to go through the entire file/case diary and are not able to assist the Court properly as that they receive files only at about 10'0 Clock in the Court on the day when the case is listed. Therefore, the Additional Advocate General was directed to look into the matter and prepare certain guidelines in the form of a report within six weeks from today so that the State Law Officer may get reasonable time to prepare the case in order to give proper assistance to the Court while hearing the bail applications and any ancillary issue.

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History of this topic

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

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court
1 month, 1 week ago

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court

Live Law  

Criticising the growing trend of directly approaching the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the Jammu and Kashmir and Ladakh High Court has observed that bypassing the trial courts in such matters not only burdens the High Court but also disregards the legal protocol, where such petitions should typically be first addressed …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
1 month, 2 weeks ago

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials

Live Law  

The Supreme Court on Monday granted bail to a man accused of counterfeiting currency who had been incarcerated for two years and six months invoking the principle that “bail is the rule and jail is the exception.” “Appellant has undergone incarceration for a period of two and a half years. After rejecting the prayer for bail the courts cannot provide …

Accused's Counsel Can't Directly Contact Probe Agencies/IOs Sans Court Permission: Allahabad HC Objects To Lawyers' Mails To ED
1 month, 3 weeks ago

Accused's Counsel Can't Directly Contact Probe Agencies/IOs Sans Court Permission: Allahabad HC Objects To Lawyers' Mails To ED

Live Law  

Today, the Allahabad High Court took exception to the actions of the accused's counsels, who had sent emails to Enforcement Directorate officers requesting them to file a counter affidavit, as directed by the court, in a case involving their client. Noting that counsels' sending emails directly to the Investigating Officer was not proper and could not be appreciated, a bench …

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail
1 month, 4 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 …

Urgent Need For Special NDPS Courts In Punjab & Haryana, Hoping For Speedy Trial Is Over-Expectation Due To Heavy Pendency: High Court
3 months, 4 weeks ago

Urgent Need For Special NDPS Courts In Punjab & Haryana, Hoping For Speedy Trial Is Over-Expectation Due To Heavy Pendency: High Court

Live Law  

The Punjab & Haryana High Court has said that expecting speedy trial from Courts will be "over expectation" given the amount of pendency it is facing and there is a "dire necessity" of making Special NDPS Courts.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "If the heavy docket of subjudice litigations of every genre becomes the deterrent for the learned …

Surety Amount In Bail Orders Should Align With Financial Status Of Person: Allahabad HC
4 months ago

Surety Amount In Bail Orders Should Align With Financial Status Of Person: Allahabad HC

ABP News  

The Allahabad High Court in a recent order directed trial courts to ensure that the orders granting bail consider the socio-economic status of the bail applicant. Calling it a serious matter, the court noted that large number of the persons who belong to marginalised sections of the society are unable to arrange or provide sureties fixed arbitrarily by the trial …

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty
4 months, 2 weeks ago

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty

The Hindu  

The Bombay High Court on Tuesday urged lower courts to be prompt in resolving anticipatory bail applications to safeguard the liberty of citizens. The High Court expressed displeasure over the slow handling of a pre-arrest bail petition by a sessions court in Kalyan in Thane district of Maharashtra. A single Bench of Judge Sandeep V. Marne was hearing an appeal …

Allahabad HC relief to SP MLA in 2021 criminal case
5 months ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after …

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

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
6 months ago

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC

Live Law  

The Chattisgarh High Court has allowed a bail application upon observing that the right to expeditious trial is a fundamental right. The Court noted that under Section 193 of BNSS, it is the duty of the Investigating Officer to provide a police report and other documents to the accused, with the documents being indexed to the Magistrate as required under …

Allahabad High Court Grants Bail To SHUATS Director Vinod Bihari Lal In An Attempt To Murder Case
9 months, 3 weeks ago

Allahabad High Court Grants Bail To SHUATS Director Vinod Bihari Lal In An Attempt To Murder Case

Live Law  

The Allahabad High Court today granted bail to Sam Higginbottom University of Agriculture, Technology And Sciences director Vinod Bihari Lal in a case lodged against him for allegedly attempting to murder, causing grievous hurt to a person. Importantly, it was strongly argued that the applicant, along with University officials moved a Writ Petition before the Apex Court challenging the instant …

Justice Ramkumar Reviews India's Latest Criminal Justice Law
9 months, 3 weeks ago

Justice Ramkumar Reviews India's Latest Criminal Justice Law

Live Law  

My comments: - This again is a welcome provision provided it is effective and foolproof. Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— orally, it shall be reduced to …

By Judicial Order, High Court Cannot Render Advice : Supreme Court
10 months ago

By Judicial Order, High Court Cannot Render Advice : Supreme Court

Live Law  

While deprecating a High Court order for overlooking the long period of incarceration undergone by the petitioner, the Supreme Court recently reiterated that Courts cannot render "advice" through judicial orders and stayed a direction calling for a periodical report from Trial Court on the progress of trial. "We are of the view that issuing such a direction amounts to interference …

Allahabad High Court Elucidates Ambit Of 'Exception' In The 'Bail Is Rule, Jail Is Exception' Principle Of Criminal Jurisprudence
10 months ago

Allahabad High Court Elucidates Ambit Of 'Exception' In The 'Bail Is Rule, Jail Is Exception' Principle Of Criminal Jurisprudence

Live Law  

The Allahabad High Court recently provided clarity on the scope of "Exceptions" within the "Bail is the rule and Jail is an exception" principle of Criminal Jurisprudence. The Court added that the phrase "Bail is the rule and Jail is an exception" underscores the principle that individuals are presumed innocent until proven guilty and in this context, "jail as an …

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications
11 months, 3 weeks ago

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications

Live Law  

The Supreme Court in a recent order directed all the courts to scrupulously follow the directions/guidelines issued by it for the expeditious delivery of judgments and disposal of the bail applications. A bench comprising Justices Bela Trivedi and Satish Chandra Sharma directed that High Courts should scrupulously follow the directions/ guidelines issued by the Supreme Court in various decisions. The …

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

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter
1 year, 3 months ago

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter

Live Law  

The Chief Justice Of Gujarat High Court Sunita Agarwal on Thursday orally remarked that she is working out to end the ongoing practice in HC of issuing rule nisi in bail matters and posting those cases for hearing 2-3 weeks thereafter. She added that after 24 hours and 48 hours, the Public Prosecutor must be ready to argue on bail …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 4 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court
1 year, 7 months ago

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court

Live Law  

The Allahabad High Court has clarified that no person can apply for bail in parts and that an accused is required to seek bail for all the offences for which he is wanted. “No person can be permitted to apply for bail in part, that too firstly getting bail by invoking powers u/s 437 CrPC and later on taking recourse …

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC
1 year, 9 months ago

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC

Live Law  

The Kerala High Court on Tuesday remanded a bail application in a POCSO case for fresh consideration by the trial Court, while exercising its jurisdiction under Section 482 Cr.P.C. The Single Judge Bench of Justice K. Babu directed the Trial Court to consider the entitlement of the petitioner for regular bail before March 30, 2023. When he filed a petition …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
1 year, 10 months ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail
1 year, 10 months ago

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail

Live Law  

The Supreme Court on Friday stayed an order issued by the Madhya Pradesh High Court, which had directed a trial court judge to provide justification for granting bail to an accused. While staying the order of the High Court, the bench opined that such orders of the High Court had the potential to undermine the independence of the district judiciary …

Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default
1 year, 11 months ago

Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default

Live Law  

The Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court.The bench of Justice Ajay Rastogi and Bela M. Trivedi was disposing a plea challenging the High Court's order which dismissed a anticipatory bail application for non-prosecution.During the last hearing, it had sought a report from the Registrar of the. …

Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB
1 year, 11 months ago

Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB

Live Law  

The Allahabad High Court recently granted bail to a man accused of uploading some objectionable material on his Facebook account with regard to the Chief Minister of the state, Yogi Adityanath.The Bench of Justice Sameer Jain passed this order as it noted that the offences under which the accused has been challaned are having maximum punishment of three years and …

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Inciting Public To Demolish Gyanvapi Mosque
1 year, 11 months ago

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Inciting Public To Demolish Gyanvapi Mosque

Live Law  

The Allahabad High Court has granted anticipatory bail to a man accused of inciting the public to demolish the Gyanvapi Mosque. The bench of Justice Subhash Chandra Sharma passed this order earlier this month on the anticipatory bail plea of accused Digvijay Chaube, who has been booked under sections 153A, 295A 505 I.P.C. “In the event of arrest of the …

Allahabad High Court Annual Digest 2022: Part I [Citations 1 - 272]
2 years ago

Allahabad High Court Annual Digest 2022: Part I [Citations 1 - 272]

Live Law  

CITATIONS: 2022 LiveLaw 1 to 2022 LiveLaw 272 NOMINAL INDEX Mohammad Imran v. State Of U.P. GST- State Authorities Cannot Act On Whims And Fancies To Harass Trading Community: Allahabad High Court Case Title: S/S Shri Surya Traders v. Union Of India And 4 Others Citation: 2022 LiveLaw 10 In a case pertaining to wrongful seizure of a consignment by …

'Victim' Of A Predicate Offence Can Oppose Plea Of Accused Seeking Bail In UP Gangster Act Case: Allahabad High Court
2 years ago

'Victim' Of A Predicate Offence Can Oppose Plea Of Accused Seeking Bail In UP Gangster Act Case: Allahabad High Court

Live Law  

The Allahabad High Court has held that a victim of a predicate offence can claim a right of hearing to oppose the bail application of a person accused under the UP Gangsters Act. 2022 LiveLaw 376, the Bench of Justice Subhash Vidyarthi observed thus: "If a victim of a predicate offence can file appeal challenging an order granting bail in …

Judges at grassroots reluctant to grant bail for fear of being targeted: CJI Chandrachud
2 years, 1 month ago

Judges at grassroots reluctant to grant bail for fear of being targeted: CJI Chandrachud

Firstpost  

“Higher judiciary is flooded with bail applications due to reluctance at grassroots to grant bail. Judges at the grassroots are reluctant to grant bail not because they do not understand crime, but there is sense of fear of being targeted for granting bail in heinous cases,” said CJI DY Chandrachud. New Delhi: Chief Justice of India DY Chandrachud on Saturday …

High Court Of One State Can Grant Transit Bail In A Case Registered Within Jurisdiction Of Another HC: Allahabad High Court
2 years, 3 months ago

High Court Of One State Can Grant Transit Bail In A Case Registered Within Jurisdiction Of Another HC: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that the High Court of one State can grant transit bail in respect of a case registered within the jurisdiction of another High Court in the exercise of power under Section 438 of the Code of Criminal Procedure. ".there is no fetter on the part of the High Court in granting a transit …

Right To File Bail Plea Sans Delay & Access To Legal Aid 'Intertwined': Allahabad HC Suggests Positive Measures For Undertrial Prisoners
2 years, 3 months ago

Right To File Bail Plea Sans Delay & Access To Legal Aid 'Intertwined': Allahabad HC Suggests Positive Measures For Undertrial Prisoners

Live Law  

Emphasizing that the rights to file a bail without delay and access to legal aid of an eligible prisoner are intertwined, the Allahabad High Court on Monday suggested some significant positive measures so as to overcome the delay in filing of bail pleas by undertrial prisoners in absence of proper legal aid. "The right of moving a bail application becomes …

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court
2 years, 4 months ago

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court

Live Law  

The Madhya Pradesh High Court recently reiterated that an accused appearing before the trial court, pursuant to a notice served upon them by the police for filing of charge-sheet, is deemed to be under the custody of the court. The bench comprising of Justice Vishal Dhagat further held that the application under Section 439 CrPC moved by the accused in …

UP Govt Discontinues Engagement Of 841 Government Lawyers Working In Allahabad High Court
2 years, 5 months ago

UP Govt Discontinues Engagement Of 841 Government Lawyers Working In Allahabad High Court

Live Law  

The Uttar Pradesh government on Monday issued an order discontinuing the services of 841 government lawyers appointed in the Allahabad High Court. While 505 state law officers have been removed from the principal bench of the Allahabad High Court at Prayagraj, 336 government lawyers have been discharged from the Lucknow bench.In an order issued by Nikunj Mittal, Special Secretary, Law …

Affirming the primacy of bail
2 years, 5 months ago

Affirming the primacy of bail

Hindustan Times  

An unfortunate facet of the Indian criminal justice system is the prolonged incarceration of people not convicted of any crime because of denial of bail. Despite four decades of Supreme Court jurisprudence stressing the importance of granting bail as a matter of practice and jail time only in exceptional circumstances, thousands of people continue to languish behind bars even as …

High Court Has Power To Grant Transit Anticipatory Bail In Offences Registered Outside Its Jurisdiction: Allahabad High Court
2 years, 6 months ago

High Court Has Power To Grant Transit Anticipatory Bail In Offences Registered Outside Its Jurisdiction: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a High Court has the power to grant transit anticipatory bail to an accused in connection with an offence regsitered/about to be registered outside its jurisdiction/state. ".there is no fetter on the part of the High Court in granting a transit anticipatory bail to enable the applicants to approach the Courts including High …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 6 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 7 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

Supreme Court Grants Interim Bail To SP Leader Azam Khan; Asks Him To Move Regular Bail Before Concerned Court
2 years, 7 months ago

Supreme Court Grants Interim Bail To SP Leader Azam Khan; Asks Him To Move Regular Bail Before Concerned Court

Live Law  

The Supreme Court on Thursday granted interim bail to Samajwadi Party leader Azam Khan in a forgery case and directed him to file an application for regular bail before the competent court within two weeks.The interim bail will operate till the court decides the application for regular bail. The Supreme Court on Thursday granted interim bail to Samajwadi Party leader …

SC seeks response from Allahabad High Court over high pendency of cases
2 years, 8 months ago

SC seeks response from Allahabad High Court over high pendency of cases

India Today  

To cut down the number of pending cases, the Supreme Court on Monday asked the Registry of Allahabad High Court to devise a strategy to handle the arrears of cases. The apex court has asked the high court to respond as to what is the normal process adopted by the Allahabad High Court registry to list criminal appeals when convicts …

Supreme Court Expresses Displeasure At Allahabad HC For Keeping Azam Khan's Bail Plea Pending, Adjourns Hearing To May 11 To 'Give A Chance'
2 years, 8 months ago

Supreme Court Expresses Displeasure At Allahabad HC For Keeping Azam Khan's Bail Plea Pending, Adjourns Hearing To May 11 To 'Give A Chance'

Live Law  

The Supreme Court, on Friday adjourned to May 11 the application filed by MLA Samajwadi Party Mohammad Azam Khan, seeking bail. Gavai noted that Allahabad High Court has already reserved its order in Khan's application for bail. The Apex Court asked the Registry to list the matter on Wednesday, to give time to the High Court to pass the order …

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court
2 years, 8 months ago

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court

Live Law  

Considering the categorical statement made by a 11-yr-old rape victim, the Madhya Pradesh High Court recently rejected the bail application of the accused stating that at the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted. Justice Anil Verma observed: "At the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted as …

Improper Investigations Rampant, Culprits Going Unpunished: Jharkhand High Court Orders Training Of Police Officers
2 years, 8 months ago

Improper Investigations Rampant, Culprits Going Unpunished: Jharkhand High Court Orders Training Of Police Officers

Live Law  

The Jharkhand High Court recently expressed its displeasure at the "appalling state of affairs" in the State due to improper investigations being carried out by Police officers in crimes, leading to several culprits going scot free.Justice Subhash Chand thus ordered the Director, Judicial Academy to prepare a scheme to impart training to the Police Investigating Officers and. The Jharkhand High …

UP Govt Apprises Allahabad High Court Of Its Circular Governing Procedure For Filing Govt Appeals Against Acquittal Orders
2 years, 8 months ago

UP Govt Apprises Allahabad High Court Of Its Circular Governing Procedure For Filing Govt Appeals Against Acquittal Orders

Live Law  

The Uttar Pradesh Government recently apprised the Allahabad High Court of its circular governing the procedure for filing the government appeal against the order of acquittal.This was done pursuant to two orders of the High court asking the State Government to furnish the details of the concerned. The Uttar Pradesh Government recently apprised the Allahabad High Court of its circular …

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused
2 years, 8 months ago

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused

Live Law  

The Madhya Pradesh High Court recently set aside the bail granted to rape accused under the provisions of POCSO Act, observing that although the medical report of the Prosecutrix did not mention any definite opinion of rape, it pointed out that her hymen was ruptured and two fingers were easily going in her vagina, which prima facie corroborated the fact …

Can't Appreciate Approach Of High Court In Rejecting Bail Application In A Single Sentence: Supreme Court
2 years, 9 months ago

Can't Appreciate Approach Of High Court In Rejecting Bail Application In A Single Sentence: Supreme Court

Live Law  

The Supreme Court, on Friday, expressed concern that even after its repeated interventions, the Allahabad High Court had rejected a bail application solely on the ground that the appeal itself should be heard. ".instead of examining bail, clearly rejected on the ground that the appeal itself should be heard appears to serve no purpose given the large number of appeals …

Allahabad High Court Grants Bail To A Murder-Convict In Jail For 17 Years In View Of SC's Order In 'Saudan Singh' Case
2 years, 9 months ago

Allahabad High Court Grants Bail To A Murder-Convict In Jail For 17 Years In View Of SC's Order In 'Saudan Singh' Case

Live Law  

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, the Allahabad High Court on Thursday granted bail to one Hari Bhawan who has already served over a total of 17 years in jail.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent …

Incumbent Upon Trial Court To Fix Amount For Bail Bond Once High Court Orders Release Of Accused: Madhya Pradesh HC
2 years, 9 months ago

Incumbent Upon Trial Court To Fix Amount For Bail Bond Once High Court Orders Release Of Accused: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court recently directed the lower court to ascertain the value of bail bond of the Applicant who was granted bail by the High Court, without mentioning the bail amount. The Court further directed the trial court to remain cautious while dealing with a bail order, as it had refused to ascertain amount for bail bond despite …

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case
2 years, 9 months ago

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case

Live Law  

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, the Allahabad High Court on Wednesday granted bail to one Fareed who has already served over a total of 16 years in jail.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent observations …

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals
2 years, 9 months ago

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals

Live Law  

The Calcutta High Court on Tuesday directed the Registrar of the High Court to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before the Court for consideration of bail within 2 weeks. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi noted that the Supreme Court in …

Criminal Appeals From 1980s Pending In Allahabad HC; Convicts Awaiting Bail Even After 16 Yrs Sentence : Supreme Court Says "Disturbing State Of Affairs"
2 years, 9 months ago

Criminal Appeals From 1980s Pending In Allahabad HC; Convicts Awaiting Bail Even After 16 Yrs Sentence : Supreme Court Says "Disturbing State Of Affairs"

Live Law  

The Supreme Court recently termed the state of affairs before the Lucknow Bench of Allahabad High Court as "disturbing" on being apprised of the pendency of bail applications of convicts who have undergone more than 16 years of incarceration and non availability of criminal bench to hear the same for the last 25 days. The bench of Justices SK Kaul …

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