Supreme Court Grants Bail To Accused Suffering From HIV
2 years, 8 months ago

Supreme Court Grants Bail To Accused Suffering From HIV

Live Law  

Considering the peculiar circumstances of a case, the Supreme Court recently granted bail to an accused who was suffering from HIV and appeared to be immuno compromised. The bench of Justices SR Bhat and PS Narasimha granted bail in a SLP assailing Rajasthan High Court's order dated March 3, 2022. The provision reads as follows: "34.. 2 In any legal proceeding concerning or relating to an HIV-positive person, the court shall take up and dispose of the proceeding on priority basis." "In addition to the usual conditions, the concerned court shall also impose appropriate conditions with regard to the periodic reporting by the concerned petitioner at the concerned Police Station, since several cases are pending against him," court further said.

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History of this topic

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
3 days, 9 hours ago

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest

Live Law  

The Supreme Court delivered several notable judgments in 2024 on the parameters for bail and powers of arrest. PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme Court Case Title : Arvind Kejriwal v. Directorate of Enforcement | 2024 LiveLaw 463 Coram : Justice Sanjiv Khanna and Justice …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
4 days, 5 hours 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 …

Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader
5 days ago

Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader

Live Law  

The Karnataka High Court on Friday granted interim bail and directed immediate release from custody of BJP Legislator C T Ravi, who was arrested for allegedly using derogatory words against Congress Legislator Laxmi Hebbalkar inside the State Council, at Belagavi. It said “I am of the opinion that prima facie case is made out by the petitioner for his release …

BJP leader CT Ravi, arrested for abusing Karnataka minister, gets bail
5 days, 15 hours ago

BJP leader CT Ravi, arrested for abusing Karnataka minister, gets bail

India Today  

The Karnataka High Court granted interim bail to BJP MLC CT Ravi, who was arrested for abusing Karnataka minister Laxmi Hebbalkar. In its order, the High Court said that a doctor in Belgaum had recommended a CT scan for the BJP leader to rule out any complication following his head injury. However, irrespective of what the Special Court’s ruling would …

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
1 week, 1 day ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
1 week, 5 days ago

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine

India Today  

The Supreme Court said it would revisit the question whether failure to provide the grounds of arrest would lead to bail or release of the accused in all cases. The court's decision came during the hearing of a plea filed by Mihir Shah, the main accused in the high-profile BMW hit-and-run case in Mumbai's Worli. Earlier this month, Mihir Shah …

Bombay High Court grants bail to 14 accused in Mira Road communal violence case
2 weeks ago

Bombay High Court grants bail to 14 accused in Mira Road communal violence case

The Hindu  

The Bombay High Court has granted bail to 14 Muslim men arrested for their alleged involvement in the Mira Road communal violence this January. Noting that their further detention appeared ‘tenuous’, a Single Bench judge, Justice Nijamoodin J. Jamadar observed, “Prima facie, it appears that premeditation or a prior meeting of mind to attack the members of the convoy cannot …

Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court
2 weeks, 4 days 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 …

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
3 weeks ago

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court

Live Law  

The Supreme Court has observed that in serious offences like murder, rape, dacoity etc., bail applications of the accused should not be ordinarily entertained by the Trial Courts and the High Courts. "Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or …

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court
3 weeks, 5 days 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 …

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
3 weeks, 5 days ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

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

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
1 month ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Telangana HC extends interim bail of Bhujanga Rao
1 month ago

Telangana HC extends interim bail of Bhujanga Rao

Deccan Chronicle  

Hyderabad:The Telangana High Court on Monday extended the interim bail of N. Bhujanga Rao, accused in the phone-tapping case, till November 28 on medical grounds. Earlier, the sessions court at Nampally had dismissed Bhujanga Rao's petition seeking an extension of interim bail and directed him to surrender before the Court on November 14. The PP sought adjournment of the regular …

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession
1 month, 1 week ago

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

Live Law  

The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them. The court passed the order …

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

Threatening witnesses: Plea in High Court seeks Nawab Malik's bail cancellation
1 month, 1 week ago

Threatening witnesses: Plea in High Court seeks Nawab Malik's bail cancellation

India Today  

A petition has been filed in the Bombay High Court seeking cancellation of the interim bail granted to former Maharashtra minister and NCP Ajit Pawar faction leader Nawab Malik in a money laundering case. He was granted bail by the Supreme Court on medical grounds in July till the disposal of the regular bail plea pending before the Bombay High …

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

Even single day's delay in deciding bail plea adversely affects fundamental rights: SC
1 month, 2 weeks ago

Even single day's delay in deciding bail plea adversely affects fundamental rights: SC

Deccan Chronicle  

New Delhi: Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens.The apex court has time and again emphasised the importance of personal liberty, a bench of Justices B R Gavai and K V Viswanathan said in …

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent
1 month, 2 weeks ago

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent

Live Law  

After granting similar relief in Arvind Kejriwal's case, the Supreme Court today granted interim bail to one Subhash Prasad Yadav - accused in a money laundering case - for the purpose of contesting Jharkhand Assembly elections. A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in Yadav's challenge to a Patna High Court order. Apparently, Yadav filed …

Karnataka HC reserves order on Prajwal’s bail pleas
3 months ago

Karnataka HC reserves order on Prajwal’s bail pleas

New Indian Express  

BENGALURU: The Karnataka High Court on Thursday reserved order on three bail petitions filed by former Hassan MP Prajwal Revanna, who is facing sexual harassment and rape charges. Prajwal filed the petitions seeking anticipatory bail in two cases and regular bail in the third case. Prajwal approached the high court for bail in the case registered with the Holenarasipura police …

High Courts should not sit on bail pleas: Supreme Court
3 months, 1 week ago

High Courts should not sit on bail pleas: Supreme Court

The Hindu  

The Supreme Court on Friday held that a High Court must either relegate bail pleas to the trial court concerned then and there or promptly hear them on merits as the right to personal liberty was at stake. The top court was addressing the argument by the Central Bureau of Investigation that Mr. Kejriwal’s bail application must be sent back …

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
3 months, 1 week ago

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody

Live Law  

Reiterating that the pre-trial process itself shall not become punishment, the Supreme Court yesterday set aside a bail condition imposed by the Patna High Court to the effect that the bail bonds be furnished by the accused after completion of 6 months in custody from the date of the order. "We see no valid reason for the High Court to …

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial
3 months, 2 weeks ago

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial

Live Law  

The Supreme Court recently granted bail to an undertrial prisoner in custody for over four years, considering the delay in the trial. "An accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would …

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

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
3 months, 4 weeks ago

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC

New Indian Express  

MUMBAI: The Bombay High Court on Tuesday said when the question of liberty of a citizen is involved, it is necessary that the lower courts take up and decide applications seeking anticipatory bail either finally or at least for grant of interim protection in an expeditious manner. If the lower courts do not decide such matters, then the high court …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
4 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 …

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5
4 months ago

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5

Live Law  

The Supreme Court on Friday adjourned the hearing of Delhi Chief Minister Arvind Kejriwal's pleas challenging his arrest and seeking bail in the case registered by the CBI over the alleged Delhi Liquor Policy scam, after the CBI sought time to file a counter-affidavit in the matter.A bench of Justices Surya Kant and Ujjal Bhuyan posted the matter on September …

SC denies immediate bail to Kejriwal, seeks CBI’s reply
4 months, 1 week ago

SC denies immediate bail to Kejriwal, seeks CBI’s reply

Hindustan Times  

New Delhi The Supreme Court on Wednesday denied immediate interim bail to Delhi chief minister Arvind Kejriwal, who is under arrest in connection with the Delhi excise policy case, even as it sought a response from the Central Bureau of Investigation before taking up the matter on August 23. Kejriwal has been in custody since March 21 following his arrest …

SC denies Kejriwal immediate interim bail in excise case, seeks CBI response
4 months, 1 week ago

SC denies Kejriwal immediate interim bail in excise case, seeks CBI response

Hindustan Times  

The Supreme Court on Wednesday denied immediate interim bail to Delhi chief minister Arvind Kejriwal, who has been under arrest in connection with the Delhi excise policy case, even as it sought a response from the Central Bureau of Investigation before making any further decisions. In his plea filed two days after the Supreme Court granted bail to former Delhi …

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court
4 months, 2 weeks ago

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court

Live Law  

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court recently observed that in cases where there has been a delay in trial and the accused has spent a long period in custody, right to bail shall be read into Section 439 CrPC and Section 45 of …

Excise policy case: SC to hear Manish Sisodia's bail pleas on August 5
4 months, 2 weeks ago

Excise policy case: SC to hear Manish Sisodia's bail pleas on August 5

The Hindu  

The Supreme Court is scheduled to hear on Monday pleas filed by AAP leader Manish Sisodia, seeking bail in corruption and money-laundering cases linked to the alleged Delhi excise policy scam. Mr. Raju had raised preliminary objections on Mr. Sisodia's pleas and said it was the second special leave petition challenging the same Delhi High Court order. Mr. Sisodia had …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
4 months, 3 weeks ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren
4 months, 3 weeks ago

'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren

Live Law  

The Supreme Court on Monday dismissed Enforcement Directorate's plea challenging the Jharkhand High Court's judgment dated June 28 which granted bail to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam.The bench of Justices BR Gavai and KV Viswanathan opined that the High Court's judgment - which entered a prima facie finding that. …

Supreme Court To Hear Manish Sisodia's Bail Pleas In Liquor Policy Case On August 5
4 months, 3 weeks ago

Supreme Court To Hear Manish Sisodia's Bail Pleas In Liquor Policy Case On August 5

Live Law  

The Supreme Court on Monday posted the petitions filed by former Delhi Deputy Chief Minister Manish Sisodia seeking bail in the liquor policy case to August 5.The bench of Justices BR Gavai and KV Viswanathan adjourned the hearing after Additional Solicitor General SV Raju sought time to file the counter-affidavit on behalf of the Enforcement Directorate. The Supreme Court on …

Lakhimpur Kheri violence: SC grants bail to Ashish Mishra, directs trial court to expedite hearing
5 months ago

Lakhimpur Kheri violence: SC grants bail to Ashish Mishra, directs trial court to expedite hearing

Deccan Chronicle  

New Delhi: The Supreme Court on Monday gave bail to ex-Union minister Ajay Mishra's son Ashish Mishra in the case related to the 2021 Lakhimpur Kheri violence that claimed eight lives, and restricted his movement to Delhi or Lucknow. On January 25 last year, the top court had given interim bail to Ashish Mishra in the "unfortunate ghastly incident" of …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

Lakhimpur Kheri violence: SC grants bail to Ashish Mishra, directs trial court to expedite hearing
5 months ago

Lakhimpur Kheri violence: SC grants bail to Ashish Mishra, directs trial court to expedite hearing

New Indian Express  

NEW DELHI: The Supreme Court on Monday gave bail to ex-Union minister Ajay Mishra's son Ashish Mishra in the case related to the 2021 Lakhimpur Kheri violence that claimed eight lives, and restricted his movement to Delhi or Lucknow. On January 25 last year, the top court gave interim bail to Ashish Mishra in the "unfortunate ghastly incident" of violence. …

Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court
5 months ago

Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court

Live Law  

The Supreme Court, recently, while overturning the bail granted to an accused under the NDPS Act on the ground that she is suffering from HIV, stressed on the mandate of Section 37 of the Act. Considering these facts and circumstances, the grant of bail by the Meghalaya High Court was termed as a very “serious lapse.” “When the accused is …

How HC rejected Gauhar Chisthi bail multiple times before Ajmer court acquitted him for raising 'Sar Tan Se Juda' slogans
5 months, 1 week ago

How HC rejected Gauhar Chisthi bail multiple times before Ajmer court acquitted him for raising 'Sar Tan Se Juda' slogans

Op India  

On 16th July, the Ajmer Sessions Court acquitted Khadim Gauhar Chishti and 6 others in connection to raising the ‘Sar Tan se Juda ’ slogans against former BJP spokesperson Nupur Sharma outside the Ajmer Sharif Dargah. The bail plea of Gauhar Chishti rejected multiple times by the Rajasthan High Court Following his bail plea rejected by the Sessions Court, Chishti …

Supreme Court Questions High Court's Order Deferring Release of Accused by 6 Months Despite Granting Bail
5 months, 1 week ago

Supreme Court Questions High Court's Order Deferring Release of Accused by 6 Months Despite Granting Bail

Live Law  

The Supreme Court on Friday raised concerns over a "strange" order by the Patna High Court that granted bail to an accused in a murder case but directed his release only after six months, without providing any reason for this condition. A bench of Justice Abhay Oka and Justice Ujjal Bhyan granted interim bail to the accused, one Jitendra Paswan, …

ED Moves Supreme Court Against Bail Granted To Hemant Soren In Money Laundering Case
5 months, 2 weeks ago

ED Moves Supreme Court Against Bail Granted To Hemant Soren In Money Laundering Case

Live Law  

In a recent development, Enforcement Directorate has approached the Supreme Court challenging the Jharkhand High Court order vide which bail was granted to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam.It may be recalled that Soren, who was arrested on January 31 this year, is being investigated for money laundering charges in …

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns
5 months, 2 weeks ago

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns

The Hindu  

Published : Jul 06, 2024 14:21 IST - 8 MINS READ On bail matters, especially in cases under the draconian Unlawful Activities Act, 1967, the Supreme Court and the High Courts have been, of late, liberal in interpreting the law in favour of the accused. The two-judge bench of the Supreme Court, comprising Justices J.B. Pardiwala and Ujjal Bhuyan on …

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety
5 months, 3 weeks ago

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety

Live Law  

The Supreme Court on Monday expressed disappointment over an 'absurd' condition for bail imposed by the Patna High Court where the bail was granted to an accused on the condition that the victim of the offence should stand as his surety. The vacation bench of Justices JB Pardiwala and Ujjal Bhuyan was hearing a matter where the Patna High Court …

'Bail Prayers Not To Be Unnecessarily Adjourned' : Supreme Court Urges Delhi HC To Decide Satyendar Jain's Default Bail Plea Soon
6 months ago

'Bail Prayers Not To Be Unnecessarily Adjourned' : Supreme Court Urges Delhi HC To Decide Satyendar Jain's Default Bail Plea Soon

Live Law  

Observing that bail applications are not to be unnecessarily adjourned, the Supreme Court on Tuesday expressed the hope that the Delhi High Court would decide the default bail plea of Aam Aadmi Party leader Satyendar Jain without delay.A Vacation Bench of Justices Manoj Misra and SVN Bhatti was hearing Jain's challenge against the Delhi High Court's order dated May 28. …

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
6 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 Denies Extension of Stay on Gautam Navlakha's Bail
7 months, 1 week ago

Supreme Court Denies Extension of Stay on Gautam Navlakha's Bail

Live Law  

In a major development, the Supreme Court on Tuesday granted bail to Bhima Koregaon-accused Gautam Navlakha. The Bench of Justices MM Sundresh and SVN Bhatti were hearing the National Investigative Agency's challenge against the Bombay High Court order granting bail to Bhima Navlakha. During an earlier hearing, the Court orally told Bhima Koregaon-accused Gautam Navlakha's Advocate, Shadan Farasat, that if …

Bhima Koregaon Case| Hany Babu Withdraws Bail Petition In Supreme Court
7 months, 3 weeks ago

Bhima Koregaon Case| Hany Babu Withdraws Bail Petition In Supreme Court

Live Law  

Hany Babu, a former Delhi University Professor, on Friday withdrew his petition in the Supreme Court seeking bail in the Bhima Koregaon case over alleged Maoist links. Accordingly, the Court had passed the following order: “The counsel for the petitioner states that there is a change in the circumstance and she would not like to press the present petition and …

SC seeks ED’s response on Hemant Soren’s interim bail plea
7 months, 3 weeks ago

SC seeks ED’s response on Hemant Soren’s interim bail plea

Hindustan Times  

New Delhi: The Supreme Court on Monday issued a notice to the Enforcement Directorate on a petition moved by former Jharkhand chief minister Hemant Soren, seeking interim bail in a money laundering case lodged by the agency in connection with an alleged land scam. A Kolkata-based businessman, Amit Kumar Agarwal, arrested by ED on June 7 last year, is key …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

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