Gujarat HC grants Bail to an under-trial prisoner who is HIV Positive [Read Order]
8 years, 7 months ago

Gujarat HC grants Bail to an under-trial prisoner who is HIV Positive [Read Order]

Live Law  

Gujarat High Court has granted bail to an Accused who is suffering from HIV Positive. He was charge sheeted for the offences punishable under Sections 302, 201, 394, 120 and 34 of the Indian Penal Code.Senior advocate Mr. Nanvati who appeared for the applicant submitted that the applicant has been diagnosed with HIV Positive and he is undergoing treatment. Senior advocate Mr. Nanvati who appeared for the applicant submitted that the applicant has been diagnosed with HIV Positive and he is undergoing treatment. He also submitted that considering humanitarian ground, the applicant is required to be considered for bail looking to his serious disease like HIV Positive.

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History of this topic

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape
1 week, 4 days ago

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape

Live Law  

The Himachal Pradesh High Court has confirmed a pre-arrest bail of a rape accused, considering factors including that the prosecutrix refused to undergo medico-legal examination. Justice Virender Singh noted that, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix …

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration
2 weeks, 4 days ago

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration

Live Law  

The Gujarat High Court recently granted regular bail to a man booked in a case under the NDPS Act after observing that while the trial had not progressed substantially, the matter had been adjourned almost 78 times leading to “prolonged incarceration” and "blink hope of a speedy trial" in the case. In doing so the high court further noted that …

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined
2 weeks, 5 days ago

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

Live Law  

The Gujarat High Court recently granted regular bail to an man booked under NDPS Act, in view of long incarnation of three and a half years and after noting that out of 29 witnesses only two had been examined where the trial court had not give any time bound schedule of the examination of such witnessesJustice Gita Gopi in her …

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, 2 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 …

‘Long incarceration’: Six get bail in CPI leader Pansare murder case
1 month, 3 weeks ago

‘Long incarceration’: Six get bail in CPI leader Pansare murder case

New Indian Express  

MUMBAI: The Bombay High Court on Wednesday granted bail to six accused in the case of murder of CPI leader and rationalist Govind Pansare in 2015, on the ground of long incarceration. A single bench of Justice AS Kilor allowed the bail pleas of the six accused -- Sachin Andure, Ganesh Miskin, Amit Degvekar, Amit Baddi, Bharat Kurane and Vasudev …

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
1 month, 3 weeks ago

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the rights of an accused enshrined under Article 21 of the Constitution of India prevail over the restrictions on grant of bail mentioned under Section 37 of the Narcotic Drugs And Psychotropic Substances Act, 1985. “I am of the view that the restrictions given under section 37 of NDPS Act cannot take precedence …

HC grants bail to hospital employee after spending 11 years behind bars
1 month, 3 weeks ago

HC grants bail to hospital employee after spending 11 years behind bars

Hindustan Times  

MUMBAI: The Bombay high court recently granted bail to a hospital employee, accused of drugging and sexually assaulting a patient at a Thane hospital, after spending over 11 years in custody. The court underscored glaring inconsistencies and questioned the inconclusive medical evidence, which weakened the prosecution’s case. HC grants bail to hospital employee after spending 11 years behind bars The …

Madras High Court: Bail depends on nature of crime, not jail term served
2 months ago

Madras High Court: Bail depends on nature of crime, not jail term served

New Indian Express  

CHENNAI: The Madras High Court has stated that the period of incarceration does not entitle an undertrial prisoner to get bail and it should instead be decided by taking into account the magnitude of the offence and its impact on the society. A division bench of Justices S M Subramaniam and M Jothiraman made the observation recently while dismissing an …

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

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

Live Law  

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

Supreme Court Grants Interim Bail To Asaram Bapu In Rape Case For Medical Treatment
2 months, 2 weeks ago

Supreme Court Grants Interim Bail To Asaram Bapu In Rape Case For Medical Treatment

Live Law  

The Supreme Court today granted interim bail till March 31 to self-styled godman Asaram Bapu, who is serving a life sentence in a rape case following conviction by a Gujarat court.The order was passed by a bench of Justices M.M. The Supreme Court today granted interim bail till March 31 to self-styled godman Asaram Bapu, who is serving a life …

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

Venezuelan man gets bail in Mumbai drug case, court cites trial delay
3 months, 1 week ago

Venezuelan man gets bail in Mumbai drug case, court cites trial delay

India Today  

A Mumbai court has granted bail to a Venezuelan national who was arrested with drugs at Mumbai Airport, ruling that the delay caused by the court or prosecution violates the fundamental right guaranteed under Article 21 of the Constitution of India. Special judge Mahesh Jadhav stated, "From the prima facie appreciation of the material on record, it appears that the …

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

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
4 months, 3 weeks 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.

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

Court grants bail to Navi Mumbai man arrested with 10 kg ganja
7 months ago

Court grants bail to Navi Mumbai man arrested with 10 kg ganja

Hindustan Times  

MUMBAI: The sessions court on Friday granted bail to a Navi Mumbai man arrested with possession of 10kg of ganja on February 6, 2014. The court granted bail to the accused, Dattatray Haridas Vidhate, on the grounds that he was already arrested in the case twice and that he was not a threat to society. In terms of his failure …

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA
7 months, 1 week ago

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA

India Today  

In a significant decision, the Supreme Court on Tuesday extended the “bail is the rule, jail is the exception” dictum to special laws like the Unlawful Activities Act. A bench of Justices AS Oka and Augustine George Masih said, “Allegations may be serious, but if courts deny bail in deserving cases, then it violates fundamental rights.” “When the case is …

Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court
8 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 …

HC grants bail to Bangladeshi national arrested in drugs case
10 months ago

HC grants bail to Bangladeshi national arrested in drugs case

Hindustan Times  

MUMBAI: The Bombay high court recently granted bail to a Bangladeshi national who was accused of entering India without a valid passport and visa and forging Aadhaar and PAN cards. The court noted that there was no material evidence linking Shaikh directly to the alleged crime or to the co-accused who was found with 54.180 grams of contraband, a quantity …

“Further Detention Will Frustrate Object Of Article 21”: Bombay HC Grants Bail To Former MD Of IL&FS Hari Sankaran In Fraud Case After Nearly 5 Yrs
1 year ago

“Further Detention Will Frustrate Object Of Article 21”: Bombay HC Grants Bail To Former MD Of IL&FS Hari Sankaran In Fraud Case After Nearly 5 Yrs

Live Law  

The Bombay High Court has granted bail to Hari Sankaran, prime accused in the high-profile Rs. Sankaran, the former Vice Chairman and Managing Director of IL&FS Financial Services Ltd., was arrested on April 1, 2019, by the Serious Fraud Investigation Office for offenses punishable under Sections 447 of the Companies Act, 2013, and Sections 417, 420 read with 120B of …

Noting That Accused Is HIV Positive, Meghalaya High Court Grants Bail To A Woman Booked Under NDPS Act
1 year, 5 months ago

Noting That Accused Is HIV Positive, Meghalaya High Court Grants Bail To A Woman Booked Under NDPS Act

Live Law  

The Meghalaya High Court last week granted bail to a woman booked under the Narcotics Drugs and Psychotropic Substances Act as it noted that she is HIV Positive. The Court also took into account an order of the Supreme Court passed last year granting bail to an accused who was suffering from HIV and appeared to be immuno-compromised. Taking note …

‘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, 5 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 …

Gujarat jail fails to open bail order in email, keeps back man for 3 more years
1 year, 5 months ago

Gujarat jail fails to open bail order in email, keeps back man for 3 more years

India Today  

The Gujarat High Court has ordered the state government to grant Rs 1 lakh to a convict after he served three extra years in prison as the jail authorities said they could not open his bail order attachment sent along with an email. However, he continued to remain in jail till 2023, as the prison authorities claimed they could not …

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order
1 year, 6 months ago

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order

Live Law  

In a recent order, the Supreme Court expressed surprise at an order passed by the Gujarat High Court granting bail to an accused in a murder case on the basis of a 'settlement' between him and the the original complainant. The Court raised questions about the appropriateness of allowing personal settlements in serious criminal cases of such magnitude and the …

Drugs case: High court refuses anticipatory bail to Raj Jit
1 year, 7 months ago

Drugs case: High court refuses anticipatory bail to Raj Jit

Hindustan Times  

The Punjab and Haryana high court dismissed anticipatory bail plea of sacked assistant inspector general Raj Jit Singh Hundal, an accused in a drug smuggling case, observing that he might indulge in threatening witnesses. Referring to initiation of criminal case against him following opening of sealed cover reports on drugs by the high court, the bench said it would be …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]
1 year, 8 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]

Live Law  

Q.21 Can anticipatory bail be granted to an accused when on similar allegations two other co-accused in the case had been granted similar relief? Q.23 If an accused who is on anticipatory bail surrenders before the competent Court and seeks regular bail, can he be treated as in “custody” obliging the Court to decide the application on merits? The accused …

Manipur High Court Grant Bail To Man Accused Of Murdering Two Women, Unborn Child; Says Prolonged Detention Of Under-Trials Violation Of Article 21
2 years, 1 month ago

Manipur High Court Grant Bail To Man Accused Of Murdering Two Women, Unborn Child; Says Prolonged Detention Of Under-Trials Violation Of Article 21

Live Law  

The Manipur High Court has granted bail to a person alleged to have committed murder of two women and an unborn child in 2017. "Though so far 10-11 prosecution side witnesses were examined, still the prosecution has to examine 12-13 more witnesses which will take long years and the prosecution is not co-operating with the trial Court for speedy disposal …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-V
2 years, 1 month ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-V

Live Law  

Q.21 “Even though the principles of res judicata are not applicable to bail applications, it would lead to bad precedent if bail applications are filed repeatedly or successively without there being any change of circumstances”. Those are the observations made by the Supreme Court in State of Tamil Nadu v. S.A. Raja AIR 2005 SC 4462 – K. G. Balakrishan, …

HC grants bail to drug accused as cops play truant in trial proceedings
2 years, 2 months ago

HC grants bail to drug accused as cops play truant in trial proceedings

Hindustan Times  

The Punjab and Haryana high court has granted bail to a drug accused from Jhajjar in Haryana as cops who had to depose in the case were not appearing before the trial court to depose as witnesses. The Punjab and Haryana HC has granted bail to a drug accused from Jhajjar in Haryana as cops who had to depose in …

Gujarat Riots Case | High Court Extends Interim Bail Granted To Ex-DGP RB Sreekumar For 2 More Months
2 years, 3 months ago

Gujarat Riots Case | High Court Extends Interim Bail Granted To Ex-DGP RB Sreekumar For 2 More Months

Live Law  

The Gujarat High Court today ordered that its order granting interim bail, on September 29, to retired DGP RB Sreekumar, in connection with the Gujarat Riots Case, would continue for a further period of 2 months pending disposal of his regular bail plea by the High Court. Earlier, he was granted bail until November 25 pending disposal of his regular …

Gujarat High Court Grants Interim Bail To RB Sreekumar Who Was Arrested Along With Teesta Setalvad
2 years, 5 months ago

Gujarat High Court Grants Interim Bail To RB Sreekumar Who Was Arrested Along With Teesta Setalvad

Live Law  

The Gujarat High Court on Wednesday granted interim bail to former Gujarat Director General of Police RB Sreekumar, who was arrested for allegedly fabricating evidence to implicate high functionaries in Gujarat riots larger conspiracy case.A single bench of Justice Ilesh J Vora granted interim bail till November 15. The Gujarat High Court on Wednesday granted interim bail to former Gujarat …

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates
2 years, 6 months ago

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates

Live Law  

The Gujarat High Court has reiterated that where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine, Police officers must not arrest accused unnecessarily and Magistrate must not authorise detention casually and mechanically. The Bench comprising Justice AC Joshi refused to …

'Education cannot be discontinued': Bombay HC grants bail to juvenile accused of gang-raping minor
2 years, 6 months ago

'Education cannot be discontinued': Bombay HC grants bail to juvenile accused of gang-raping minor

India Today  

The Bombay High Court has granted bail to a man who was arrested in a gang-rape case two years ago when he was a juvenile, noting that he has responded positively to the rehabilitative efforts. With the principle of ‘presumption of innocence’ incorporated in Section 3 of the Juvenile Justice Act, he is presumed to be innocent till he is …

Isolation Wards Required In Jails To Avoid Interim Bail In Serious Offences When Accused Infected With Contagious Disease: Delhi HC To IG Prisons
2 years, 6 months ago

Isolation Wards Required In Jails To Avoid Interim Bail In Serious Offences When Accused Infected With Contagious Disease: Delhi HC To IG Prisons

Live Law  

The Delhi High Court has directed Inspector General to ensure that isolation medical wards or quarantine zones are created in all city jails so that there is no compelling need to release inmates repeatedly on interim bail, who are facing trial for serious offences and are suffering from contagious disease.The direction was passed by Justice Asha Menon while granting interim …

'Too Harsh For Her 2-Months Old Infant': Gujarat High Court Grants Bail To 70-Yrs-Old Woman Accused Of Fraud
2 years, 6 months ago

'Too Harsh For Her 2-Months Old Infant': Gujarat High Court Grants Bail To 70-Yrs-Old Woman Accused Of Fraud

Live Law  

The Gujarat High Court has recently granted bail to a 70 years old woman, having a two month old infant, for commission of offences u/s 406, 420, 114, 467, 471 and 120-B of IPC and Sections 66, 66 of the Information Technology Act and Sections 14, 14 of the Foreigners Act. While determining grant of bail, the High Court noted …

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court
2 years, 6 months ago

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court

Live Law  

Punjab and Haryana High Court has reiterated that in terms of Section 437 of CrPC, bail ought to be granted where the trial in a case triable by Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence. The observation was made by Justice Jasjit Singh Bedi while dealing with a …

Gujarat High Court Weekly Round Up: August 8 - August 14, 2022
2 years, 7 months ago

Gujarat High Court Weekly Round Up: August 8 - August 14, 2022

Live Law  

NOMINAL INDEX Salimbhai Ibrahimbhai Mir V/S State Of Gujarat 2022 LiveLaw 316 Orders/Judgments of the week Gujarat High Court Grants Anticipatory Bail To 62 Yrs Old POCSO Accused Citing "Improvements" In Minor Prosecutrix's Version Case Title: Salimbhai Ibrahimbhai Mir V/S State Of Gujarat Citation: 2022 LiveLaw 316 The Gujarat High Court has granted anticipatory bail to a 62-year-old, accused of …

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court
2 years, 7 months ago

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be …

Gujarat High Court Grants Anticipatory Bail To 62 Yrs Old POCSO Accused Citing "Improvements" In Minor Prosecutrix's Version
2 years, 7 months ago

Gujarat High Court Grants Anticipatory Bail To 62 Yrs Old POCSO Accused Citing "Improvements" In Minor Prosecutrix's Version

Live Law  

The Gujarat High Court has granted anticipatory bail to a 62-year-old, accused of sexuall assaulting a 17 years old after intoxicating her.The man was booked under Sections 363, 366 and 376 IPC and Sections 4, 6 and 8 of the POCSO Act. While granting relief, the High Court took into account several factors such as improvement in Prosecutrix's version, subsequent …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 9 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 …

'Soft Target': Gujarat High Court Grants Anticipatory Bail To Ex-ASG IH Syed In Extortion Case, Says Allegations Apparently Designed To Humiliate Him
2 years, 9 months ago

'Soft Target': Gujarat High Court Grants Anticipatory Bail To Ex-ASG IH Syed In Extortion Case, Says Allegations Apparently Designed To Humiliate Him

Live Law  

The former ASG at Gujarat High Court, IH Syed was granted anticipatory bail by a bench consisting of Justice Nikhil S. Kariel of the Gujarat High Court. It opined that– "The earlier FIR in question was between private individuals and whereas whatever may be the extent of amount alleged to have been defrauded, it was in the considered opinion of …

Allahabad HC Grants Bail To Rape Accused As Victim Resiled From Her Statement, Orders Refund Of Compensation Paid To Her
2 years, 9 months ago

Allahabad HC Grants Bail To Rape Accused As Victim Resiled From Her Statement, Orders Refund Of Compensation Paid To Her

Live Law  

The Allahabad High Court recently granted bail to a rape accused in view of the fact that the victim had not supported the prosecution's case during the trial and that she had been declared hostile.The Bench of Justice Sanjay Kumar Singh also issued direction to the trial court to take steps for a refund of the compensation paid to her …

"Heinous Crime Accused Can't Complain Of Violation Of Article 21 When He Isn't Cooperating In Trial": Allahabad HC Denies Bail
2 years, 10 months ago

"Heinous Crime Accused Can't Complain Of Violation Of Article 21 When He Isn't Cooperating In Trial": Allahabad HC Denies Bail

Live Law  

The Allahabad High Court recently observed that a heinous crime accused can not complain of the violation of Article 21 of the Constitution of India when he himself is not cooperating in the early conclusion of the trial.Denying bail to Suresh Yadav, the prime accused in the 2019 Raebareli-Aditya Murder Case, the bench of Justice Dinesh Kumar Singh further opined …

Supreme Court Grants Bail To Accused Suffering From HIV
2 years, 11 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 …

Karnataka High Court Grants Bail To Juvenile Incarcerated For 2.5 Yrs; Maximum Punishment If Found Guilty Would Be 3 Yrs
2 years, 11 months ago

Karnataka High Court Grants Bail To Juvenile Incarcerated For 2.5 Yrs; Maximum Punishment If Found Guilty Would Be 3 Yrs

Live Law  

Observing that whereas the maximum punishment in respect of the alleged offence for which the accused, who was 17 years old at the time, is booked is of 3 years and he has already spent about 2½ years in custody, the Karnataka High Court passed an order granting bail. His application for bail under Section 12 of the Juvenile Justice …

"The First Step Of Turning Him Into A Hardcore Criminal Will Be Sending Him Behind Bars": Gujarat HC Grants Bail To Applicant Accused Under POCSO Act
2 years, 11 months ago

"The First Step Of Turning Him Into A Hardcore Criminal Will Be Sending Him Behind Bars": Gujarat HC Grants Bail To Applicant Accused Under POCSO Act

Live Law  

The Bench comprising Justice AS Supehia has recently granted bail to the Applicant accused of offences under Sections 363, 366, 376, 376 of the IPC and Sections 4,6 and 12 of the POCSO Act. He had no past antecedents registered against him and that this was a "classic case" of a love affair between the Applicant and the victim and …

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case
2 years, 11 months ago

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case

Live Law  

The Delhi High Court has granted bail to a man incarcerated for almost 8 years in connection with a case registered under Narcotic Drugs and Psychotropic Substances Act, 1985, on account of inordinate delay in his trial and prolonged judicial custody.Justice Subramonium Prasad observed that there was an "egregious violation of an accused's right to personal liberty and right to …

Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed
3 years ago

Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed

Live Law  

Taking into consideration that the co accused who was on bail and there was no likelihood of the trial being completed soon, the Supreme Court recently granted bail to an accused who had been in custody since 2020.The bench of Justices LN Rao and BR Gavai granted bail in SLP assailing Punjab and Haryana High Court's order dated September 20,2021 …

Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case
3 years, 1 month ago

Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case

Live Law  

The Delhi High Court has observed that an accused person cannot be kept in custody indefinitely when the right to speedy trial is a concomitant of Article 21 of the Constitution of India. Justice Subramonium Prasad observed thus:"When right to speedy trial is a concomitant of Article 21 of the Constitution of India, it can be presumed that one the …

Karnataka HC Cancels Bail Of Lecturer Accused Of Sexually Assaulting Minor; Says Trial Court Obligated To Hear Complainant U/s 439(1A) CrPC
3 years, 2 months ago

Karnataka HC Cancels Bail Of Lecturer Accused Of Sexually Assaulting Minor; Says Trial Court Obligated To Hear Complainant U/s 439(1A) CrPC

Live Law  

The Karnataka High Court has set aside the order granting bail to a lecturer, accused of sexually assaulting a minor student of his college, as the trial court failed to given an opportunity to the complainant/victim of being heard before passing the order. The court said, "In the case on hand, first of all the victim girl is aged about …

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