Subsequent Filing Of Chargesheet Can't Defeat Indefeasible Right Of Accused Who Applied For 'Default Bail': Allahabad High Court
2 years, 8 months ago

Subsequent Filing Of Chargesheet Can't Defeat Indefeasible Right Of Accused Who Applied For 'Default Bail': Allahabad High Court

Live Law  

The Allahabad High Court has observed that an accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed. This assertion came from the bench of Justice Syed Aftab Husain Rizvi who held that an accused has an indefeasible right to 'default bail' under proviso to section 167 Cr.P.C. In other words, in the Bikramjit Singh case, the Supreme Court had observed that the accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed. So long as an application has been made for default bail on expiry of the stated period before time is further extended to the maximum period of 180 days, default bail, being an indefeasible right of the accused under the first proviso to Section 167, kicks in and must be granted," the Court held.

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History of this topic

Supreme Court Rejects Bail Plea Of Former Gujarat IAS Officer Pradeep Sharma In 2023 Illegal Land Allotment Case
1 week, 1 day ago

Supreme Court Rejects Bail Plea Of Former Gujarat IAS Officer Pradeep Sharma In 2023 Illegal Land Allotment Case

Live Law  

The Supreme Court today rejected bail to retired IAS officer Pradeep Nirankarnath Sharma in connection to a 2023 illegal land allotment case lodged at Bhuj in Kutch. The FIR against him was lodged in 2023 under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR registered with the CID Crime Boarder Zone …

Allahabad HC grants bail to ex-SP MLA Irfan Solanki in 2022 extortion case
2 weeks ago

Allahabad HC grants bail to ex-SP MLA Irfan Solanki in 2022 extortion case

Hindustan Times  

The Allahabad high court on Monday granted bail to former Samajwadi Party MLA Irfan Solanki and his brother Rizwan Solanki in an extortion case pending in Kanpur Nagar. The bail application was filed on behalf of the applicants in the criminal case registered in 2022 under section 386 of Indian Penal Code at Jajmau police station of Kanpur Nagar. While …

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail
2 weeks, 3 days ago

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail

Live Law  

Observing that the case shows "distressing picture of the criminal justice system's failure", the Punjab & Haryana High Court has set aside condition to pay Rs.1.10 crore in bail bond for granting default bail to an accused in Tax Fraud case. It further said that the failure to release the petitioner under Section 479 BNSS, when his right to default …

Allahabad High Court Changes Rules For Listing Of Cases Arising From Same FIRs In View Of SC's Judgment
3 weeks, 3 days ago

Allahabad High Court Changes Rules For Listing Of Cases Arising From Same FIRs In View Of SC's Judgment

Live Law  

Recently, the Allahabad High Court published an administrative order changing the rules for listing cases arising out of the same FIRs/ case crime numbers. 2025 LiveLaw 188 More about the Apex Court's judgment here : Rule To List Bail Pleas From Same FIR Before Same Bench Won't Apply If Judge's Roster Changes : Supreme Court Clarifies By order dated 25.02.2025, …

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police
3 weeks, 3 days ago

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police

Live Law  

The Supreme Court on Friday deprecated the conduct of Chattisgarh police in applying the stringent provisions of the Unlawful Activities Prevention Act against an accused soon after he was granted interim protection from arrest in another case. The Court noted in its order that after service of notice of the present case, the SDPO of the police station suddenly applied …

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court
1 month, 1 week ago

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a bail application solely on the ground that the Apex Court had not permitting the filing of a fresh application.The Court reiterated that the filing of a fresh bail application, after the dismissal of an earlier bail application or the cancellationtion of the bail granted, was a right. The …

Delhi HC seeks SC clarification on court jurisdiction for Engineer Rashid’s bail plea
Trending News
1 month, 2 weeks ago

Delhi HC seeks SC clarification on court jurisdiction for Engineer Rashid’s bail plea

New Indian Express  

NEW DELHI: The Delhi High Court has approached the Supreme Court seeking clarification regarding the appropriate trial court to hear the bail plea of Baramulla MP Engineer Rashid, currently imprisoned in a terror funding case under the Unlawful Activities Act. The issue arose after the special NIA court, which had reserved its order on Rashid’s bail plea, later transferred the …

NIA opposes interim bail plea of jailed J&K MP Engineer Rashid in High Court
1 month, 3 weeks ago

NIA opposes interim bail plea of jailed J&K MP Engineer Rashid in High Court

The Hindu  

The National Investigation Agency on Monday opposed in the Delhi High Court a plea by jailed Jammu and Kashmir MP Engineer Rashid for interim bail in a terror-funding case to attend Parliament. In its response to Mr. Rashid’s plea before Justice Vikas Mahajn, the NIA said it was a classic case of misuse of the interim bail provision ought to …

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 …

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 …

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]
2 months ago

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]

Live Law  

A full bench of the Allahabad High Court has held that where the High Court has consciously issued a non-bailable warrant for the arrest of an accused, against whose acquittal/conviction an appeal has been moved, the Magistrate or the Sessions Judge, as the case may be, would have no jurisdiction to release such person on bail. nor Session Judge would …

As the SC delivers a split verdict in Tahir Hussain's bail plea, read what both the judges said
2 months ago

As the SC delivers a split verdict in Tahir Hussain's bail plea, read what both the judges said

Op India  

A division bench of the Supreme Court comprising Justices Pankaj Mithal and Amanuddin Ahsanullah found itself in a fix while hearing the interim bail plea of Delhi Anti-Hindu riots accused Tahir Hussain on Wednesday. Former Aam Aadmi Party Councillor Tahir Hussain filed a plea before the Apex Court seeking interim bail for contesting the upcoming Delhi Assembly elections as a …

Supreme Court divided over AIMIM candidate Tahir Hussain’s interim bail plea to canvas for and contest in Delhi Assembly polls
2 months ago

Supreme Court divided over AIMIM candidate Tahir Hussain’s interim bail plea to canvas for and contest in Delhi Assembly polls

The Hindu  

The Supreme Court on Wednesday delivered a split verdict on a plea for interim bail by AIMIM candidate Tahir Hussain to campaign and contest in the Delhi Assembly elections. “And elections in India happen all round the year… To allow interim bail to canvass for or contest in elections will open a Pandora’s box,” Justice Mithal cautioned. Cite Kejriwal case …

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 …

Supreme Court Seeks Delhi Police Response On Tahir Hussain's Plea For Interim Bail For Delhi Elections
2 months ago

Supreme Court Seeks Delhi Police Response On Tahir Hussain's Plea For Interim Bail For Delhi Elections

Live Law  

The Supreme Court today sought Delhi Police's response on the plea filed by All India Majlis-e-Ittehadul Muslimeen candidate and Delhi Riots case accused Mohd Tahir Hussain seeking interim bail in order to campaign for the upcoming Delhi Assembly polls.To recapitulate briefly, Hussain initially sought interim bail from the Delhi High Court in a murder case registered in relation to. The …

Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case
2 months, 1 week ago

Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case

Live Law  

The Delhi High Court has ruled that the right to speedy trial derived from Article 21 of the Constitution of India is not a “free-pass” for every undertrial, demanding to be enlarged on bail regardless of the criminal antecedents and the nature of the offence.Justice Anup Jairam Bhambhani said that where there are grave criminal antecedents, the larger interests of …

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months, 1 week ago

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea

Live Law  

The Supreme Court today issued notice on the anticipatory bail plea of ex-IAS probationary officer Puja Khedkar, who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022. However, Senior Advocate Siddharth Luthra pointed out that the Delhi High Court has given very strong findings in the impugned order, indicting Khedkar …

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
Trending News
2 months, 1 week ago

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order

Live Law  

The Delhi Police on Tuesday opposed the plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. ASG Chetan Sharma, along with SPP Rajat Nair appeared for the Delhi …

'Nomination Can Be Filed Even While Sitting In Jail': Delhi High Court On Tahir Hussain's Interim Bail Plea To Contest Assembly Polls
2 months, 1 week ago

'Nomination Can Be Filed Even While Sitting In Jail': Delhi High Court On Tahir Hussain's Interim Bail Plea To Contest Assembly Polls

Live Law  

The Delhi High Court on Monday listed for tomorrow a plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. Justice Neena Bansal Krishna said that it will hear …

Supreme Court Dismisses Plea To Give Preference To Default Bail Application Filed On Same Day As Application To Extend Time For Investigation
2 months, 1 week ago

Supreme Court Dismisses Plea To Give Preference To Default Bail Application Filed On Same Day As Application To Extend Time For Investigation

Live Law  

The Supreme Court on January 8) dismissed a Special Leave Petition, wherein the accused person had challenged the order of the Karnataka High Court denying him statutory bail under the Unlawful Activities Act, 1967. By the said order, the High Court affirmed the trial court's deciison to give precedence to the investigation agency's application for extension of time to investigate …

Allahabad HC rejects SP MLA’s bail plea in 2022 spurious liquor case
3 months ago

Allahabad HC rejects SP MLA’s bail plea in 2022 spurious liquor case

Hindustan Times  

The Allahabad high court on Friday rejected the second bail plea of SP MLA Ramakant Yadav in a spurious liquor case in which nine people had died in Azamgarh district in 2022. Yadav’s counsel argued that the Supreme Court had directed him to file a second bail plea in case no substantial progress is made in the trial pending before …

Speedy trial takes precedence over anti-terror law provisions: SC
3 months, 1 week ago

Speedy trial takes precedence over anti-terror law provisions: SC

Hindustan Times  

New Delhi The Supreme Court on Tuesday ruled that the constitutional right to a speedy trial would have precedence over the stringent provisions of laws such as the Unlawful Activities Act, emphasising that courts cannot let individuals languish in jail indefinitely. A bench of justices Abhay S Oka and AG Masih held that prolonged incarceration without trial constitutes a violation …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
3 months, 1 week ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024

Live Law  

Supreme Court: Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. Jammu & Kashmir High Court: Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court Case Title: Ajeet Kumar Vs UT Of J&K Citation: 2024 LiveLaw 320 Criticising the growing trend of directly approaching the High Court …

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
3 months, 1 week ago

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court

Live Law  

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities, 1967 on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 3 weeks ago

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

Live Law  

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. It was his case that the accused had approached the Sessions Court by concealing the factum of criminal antecedents of two previous cases, …

UAPA | Supreme Court Refuses To Cancel Bail Of Man Booked Over Alleged ISIS Links, Expunges Madras HC's Remarks
3 months, 3 weeks ago

UAPA | Supreme Court Refuses To Cancel Bail Of Man Booked Over Alleged ISIS Links, Expunges Madras HC's Remarks

Live Law  

The Supreme Court recently refused to cancel the bail granted to one Asif Musthaheen, booked over alleged ISIS links, Al-Qaeda ideology and plans to kill members of Hindu organisations.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order. The Supreme Court recently refused to cancel the bail granted to one Asif Musthaheen, booked over alleged ISIS links, Al-Qaeda …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
3 months, 3 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 …

Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court
4 months, 1 week ago

Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court

Live Law  

The Gauhati High Court on Monday held that all pre-arrest bail, regular bail, and criminal petitions filed after July 01, 2024 in respect of FIR registered prior to July 01, 2024 i.e. The division bench comprising the Chief Justice Vijay Bishnoi and Justice Devashis Baruah was hearing a reference by a Single Judge bench of Gauhati High Court on the …

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

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet
4 months, 2 weeks ago

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet

Hindustan Times  

MUMBAI: Observing that the Central Bureau of Investigation failed to file a chargesheet within 60 days after arresting the accused, a special CBI court on Tuesday granted default bail to Central Goods and Services Tax superintendent Sachin Gokulka and two other co-accused, arrested by the agency earlier for allegedly threatening and demanding a bribe of ₹60 lakh from a Malad-based …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

High Court Allows Bail Despite Lack of Forensic Report in NDPS Case
5 months ago

High Court Allows Bail Despite Lack of Forensic Report in NDPS Case

Live Law  

The Calcutta High Court has allowed the application for default bail in an NDPS matter to proceed despite the fact that the chargesheet was filed without a forensic report within the 180-day limit stipulated by the law. The court held that the petitioner became entitled to statutory bail upon expiry of the 180-day period, as the charge sheet was filed …

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court
6 months, 2 weeks ago

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court

Hindustan Times  

Justice Krishna Iyer in 1977, while confirming bail in State of Rajasthan v. Balchand @ Balaiay, famously wrote, “The basic rule may perhaps be tersely put as bail, not jail.” Since then, this principle has been reiterated multiple times. In February 2024, the Supreme Court, while rejecting bail in Gurwinder Singh v. State of Punjab, observed that under the UAPA, …

Allahabad HC relief to SP MLA in 2021 criminal case
7 months, 2 weeks 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 …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 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 …

Bombay High Court grants default bail to 2 PFI members
8 months, 1 week ago

Bombay High Court grants default bail to 2 PFI members

The Hindu  

A division bench of judges comprising, Justice Revati Mohite-Dere and Justice Gauri Godse of the Bombay High Court granted a default bail to Momin Moiuddin Gulam Hasan alias Moin Mistri and Asif Aminul Hussain Khan Adhikari who were accused of being the Popular Front of India members. On September 22, 2022, five men: Mazhar Mansoor Khan, Shaikh Sadik Isak Qureshi, …

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, …

Kavitha seeks ‘default bail’ in CBI case
8 months, 2 weeks ago

Kavitha seeks ‘default bail’ in CBI case

New Indian Express  

NEW DELHI: BRS leader K Kavitha on Monday submitted a default bail application before the Rouse Avenue Court contending that the Central Bureau of Investigation failed to file a complete chargesheet within the mandated 60-day investigation period in the Delhi excise policy-linked corruption case. Special Judge Kaveri Baweja has directed the central agency to file its response to the plea, …

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns
8 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 …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
8 months, 2 weeks 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 …

SC refuses to entertain bail plea of SP MLA Ramakant Yadav in spurious liquor case
8 months, 3 weeks ago

SC refuses to entertain bail plea of SP MLA Ramakant Yadav in spurious liquor case

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday refused to entertain the bail plea of Samajwadi Party MLA Ramakant Yadav in a spurious liquor case in which nine people died in Azamgarh in 2022.A vacation bench of Justices Abhay S Oka and Rajesh Bindal refused to interfere with the Allahabad high court order denying him bail. Yadav had moved the top …

HC issues notice to CBI on Sachin Waze’s bail plea
9 months, 3 weeks ago

HC issues notice to CBI on Sachin Waze’s bail plea

Hindustan Times  

Mumbai: The Bombay high court on Wednesday issued a notice to the Central Bureau of Investigation in a plea filed by former Assistant Police Inspector Sachin Waze challenging his unjust detention in the corruption case against former Maharashtra Home Minister Anil Deshmukh. HT Image Waze claims that he has been in jail for two years with no chargesheet filed against …

Why was Sharjeel Imam granted ‘statutory bail’ in a 2020 sedition case? | Explained
9 months, 3 weeks ago

Why was Sharjeel Imam granted ‘statutory bail’ in a 2020 sedition case? | Explained

The Hindu  

The Delhi High Court on May 20 granted statutory bail to JNU scholar and student activist Sharjeel Imam in connection with a 2020 communal riots case involving allegations of sedition. Warning judicial officers that they would be taken off work and sent for training if such continued non-compliance is observed, the Court said, “If such orders are being passed by …

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence
10 months ago

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence

Live Law  

The Supreme Court on Friday granted interim bail to a man who was arrested by the Enforcement Directorate after noting that there is no scheduled offence as per the Prevention of Money Laundering Act, 2002 against him in the chargesheet filed in the predicate case.The Court noted that the proceedings under the PMLA can be initiated only if offences mentioned …

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA
10 months, 1 week ago

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA

Live Law  

The Allahabad High Court on Tuesday granted 'default bail' to 11 alleged operatives of AQIS and JMB under Section 167 CrPC while holding the Special Court's orders extending the time to complete the investigation vis-a-vis the accused in the case as 'illegal', as the same was passed in their absence. Stressing the special court's duty to hear the accused persons …

Congress Candidate Against Former Haryana CM ML Khattar Granted Bail By Panchkula Court In Defacement Of Property Case
10 months, 3 weeks ago

Congress Candidate Against Former Haryana CM ML Khattar Granted Bail By Panchkula Court In Defacement Of Property Case

Live Law  

A Panchkula Court has granted bail to Youth Congress leader Divyanshu Budhiraja, who is contesting from Haryana's Karnal Lok Sabha seat against former Chief Minister ML Khattar, in 2018 FIR pertaining to the Haryana Prevention of Defacement of Property Act.Budhiraja has also moved the High Court seeking quashing of a case registered against him for his alleged failure to appear …

Delhi Court dismisses default bail plea of Unitech's former promoters
11 months, 1 week ago

Delhi Court dismisses default bail plea of Unitech's former promoters

Hindustan Times  

A Delhi court has dismissed default bail pleas of Unitech's former promoters, Sanjay Chandra and Ajay Chandra, in a money laundering case relating to cheating of multiple homebuyers of several crore rupees. The Enforcement Directorate had recorded the case in 2018 based on over 60 FIRs registered against the accused for various offences, including cheating, criminal conspiracy, taking undue advantage …

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial
1 year ago

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial

Hindustan Times  

The Supreme Court on Wednesday pulled up the Enforcement Directorate saying the central agency cannot keep on filing supplementary chargesheets and keep person in jail without trial. The remarks by a top court bench of justices Sanjiv Khanna and Dipankar Datta were made while taking exception to the agency filing four supplementary chargesheets in a money laundering case arising from …

'Alarming Delays In Reports From Forensic Science Labs': High Court Forms Panel To Look Into Functioning Of FSL's In Punjab & Haryana
1 year ago

'Alarming Delays In Reports From Forensic Science Labs': High Court Forms Panel To Look Into Functioning Of FSL's In Punjab & Haryana

Live Law  

The Punjab & Haryana High Court has constituted a three-member committee to look into the functioning of the Forensic Science Laboratories across the States of Haryana and Punjab, specifically focusing on the inordinate delay and lapses that have been repeatedly coming to the notice of this Court during the hearing of multiple cases. Justice Manjari Nehru Kaul said, "The mandate …

Accused should get reasonable chance to fulfil bail conditions: Orissa HC
1 year, 1 month ago

Accused should get reasonable chance to fulfil bail conditions: Orissa HC

New Indian Express  

CUTTACK: An accused should be given reasonable opportunity to fulfil the bail conditions when no time limit is specified while granting it, the Orissa High Court has held. A single judge bench of Justice V Narasingh gave the ruling in the case of one Bhisma Behera whose bail plea was rejected by the trial court after granting default bail as …

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