Delhi High Court Grants 6 hrs 'Custody Parole' To UAPA Accused To Accompany Wife For Surgery
4 years, 2 months ago

Delhi High Court Grants 6 hrs 'Custody Parole' To UAPA Accused To Accompany Wife For Surgery

Live Law  

The Delhi High Court on Friday granted Custody Parole to an accused, charged under the Unlawful Activities Act for a period of 6 hours, to accompany his wife who is to undergo surgery.A division bench of Justices Brijesh Sethi & JR Midha was hearing a plea seeking interim bail for a period of one month to the accused who is charged under Section 120-B IPC and 17 & 21 of. The Delhi High Court on Friday granted Custody Parole to an accused, charged under the Unlawful Activities Act for a period of 6 hours, to accompany his wife who is to undergo surgery. though no case for interim bail is made out, however in the interest of justice, if the wife of the appellant undergoes surgery, the appellant is allowed custody parole for six hours on the date of operation of his wife so that he can meet her and be with her at the time of operation whenever the date for surgery is fixed by the doctors, which shall be verified by the Trial Court. There is also possibility that if the accused is granted interim bail, he may flee from the territory of India with the help of the network base of terrorists and sleeper cells active in India and operating as per the instructions of the top leadership of Falahi-lnsaniyat Foundation, a proscribed terrorist organization and a frontal organization of internationally designated and proscribed terrorist organizations Jamaat-ud-Dawah and Lashkar-e-Taiba., established by terrorist, Hafiz Saeed and a proscribed terrorist organization under the UA Act," the SPP stated.

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History of this topic

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions
2 months ago

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions

Live Law  

The Delhi High Court has ordered release of a murder convict serving life imprisonment 26 years after his incarceration by quashing the decision of Sentence Review Board rejecting his plea for premature release by calling it arbitrary, irrational and illogical.Referring to various scholars, Justice Anish Dayal underscored that SRB procedures require “better compliance and. The Delhi High Court has ordered …

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail
5 months, 1 week ago

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail

Hindustan Times  

The Delhi high court on Wednesday asked the Enforcement Directorate if it intended to arrest chief minister Arvind Kejriwal again in the money laundering case registered in connection with the Delhi excise policy. Taking note of the Supreme Court’s July 12 order granting interim bail to the Aam Aadmi Party chief, a bench of justice Neena Bansal Krishna asked ED …

Delhi CM Kejriwal seeks bail extension in Supreme Court
7 months, 2 weeks ago

Delhi CM Kejriwal seeks bail extension in Supreme Court

Hindustan Times  

Delhi chief minister Arvind Kejriwal has moved the Supreme Court seeking an extension of his 21-day interim bail by one week on medical grounds — he was expected to return to jail on June 2 — citing “alarming” health complications he endured during his recent incarceration in connection with the Delhi excise Policy case and the urgent need for medical …

Delhi High Court Deprecates Practice Of Filing Writ Petition For Grant Of Parole Instead Of Approaching Competent Authorities
1 year, 5 months ago

Delhi High Court Deprecates Practice Of Filing Writ Petition For Grant Of Parole Instead Of Approaching Competent Authorities

Live Law  

The Delhi High Court has deprecated the practice of filing writ petitions for grant of parole instead of approaching the competent authorities for seeking the relief.Justice Dinesh Kumar Sharma was hearing a plea moved by one Manmohan Singh alias Monu seeking second spell of furlough for two weeks or grant of parole for 30 days in a gang rape case …

Delhi High Court Stays Trial Court Direction For Inquiry Against Enforcement Directorate’s Assistant Director, Other Officials
1 year, 6 months ago

Delhi High Court Stays Trial Court Direction For Inquiry Against Enforcement Directorate’s Assistant Director, Other Officials

Live Law  

The Delhi High Court has stayed a trial court order to the extent it directed an inquiry to be initiated against an investigating officer — an Assistant Director-rank officer of the Enforcement Directorate, and his superior officers over “unjustified incarceration” of an accused in jail for 17 days.Justice Dinesh Kumar Sharma issued notice on ED’s plea and ordered:“List the matter. …

Personal liberty of undertrial can’t be curtailed for indefinite period: Delhi HC
1 year, 6 months ago

Personal liberty of undertrial can’t be curtailed for indefinite period: Delhi HC

The Hindu  

The Delhi High Court has observed that imprisonment at the stage of trial cannot be prolonged only for the purpose of “teaching the accused a lesson”, as it granted bail to an accused in a kidnapping case. Merely because the offence is of a serious nature cannot be the ground to curtail the personal liberty of an undertrial for an …

Delhi HC suspends man's rape sentence. Because girl misrepresented her age
1 year, 9 months ago

Delhi HC suspends man's rape sentence. Because girl misrepresented her age

Hindustan Times  

The Delhi High Court has suspended the sentence of a man, who was convicted for raping a minor, noting that the girl had voluntarily gone with him by misrepresenting herself to be a major. Justice Jasmeet Singh noted in an order on Friday that the girl was 17 years and four months old when she eloped with the man. Justice …

'Sensitivity And Law Must Be Balanced; One Is Dealing With Humans, Not Mere Files': Delhi High Court While Granting Parole To Murder Convict
2 years, 2 months ago

'Sensitivity And Law Must Be Balanced; One Is Dealing With Humans, Not Mere Files': Delhi High Court While Granting Parole To Murder Convict

Live Law  

"Sensitivity and compassion balanced with rules, regulations and law needs to be maintained by any Court as one is dealing with humans and not mere files and orders," the Delhi High Court has observed while granting parole of 45 days to a murder convict. While considering grant of parole, the court also has to remain conscious of the fact that …

Seven Years After Release, Delhi High Court Sentences Man To 5 Years In Jail For Sexual Assault Of 4-Year-Old
2 years, 3 months ago

Seven Years After Release, Delhi High Court Sentences Man To 5 Years In Jail For Sexual Assault Of 4-Year-Old

Live Law  

More than 7 years after he was released on probation — even though he had spent just nine months in jail, the Delhi High Court has sentenced the man to five years rigorous imprisonment for sexually assaulting a four-year-old minor victim.The man was convicted for the offences under Section 363 of Indian Penal Code, 1860 and Section 10 of Indian …

Every Pregnant Woman Deserves Dignity, Giving Birth In Custody Traumatic For Both Mother & Child: Delhi High Court
2 years, 4 months ago

Every Pregnant Woman Deserves Dignity, Giving Birth In Custody Traumatic For Both Mother & Child: Delhi High Court

Live Law  

Observing that every pregnant female deserves dignity during motherhood, the Delhi High Court has granted three months interim bail to a pregnant undertrial prisoner who was expecting her delivery in jail. Justice Anoop Kumar Mendiratta also added that pregnancy of a woman is a special circumstance which needs to be appreciated as giving birth to a child while in custody, …

"This Is Ilegal Detention" : Delhi High Court Pulls Up MHA For Not Giving Premature Release To Prisoner Despite Order
2 years, 8 months ago

"This Is Ilegal Detention" : Delhi High Court Pulls Up MHA For Not Giving Premature Release To Prisoner Despite Order

Live Law  

The Delhi High Court on Wednesday pulled up the Union Ministry of Home Affairs for not complying with an order passed way back in January 2021 for granting premature release to a prisoner.A bench of Justice Subramonium Prasad warned that the MHA Secretary will be summoned personally to show-cause for not initiating contempt action, if the order is not complied …

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case
2 years, 9 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 …

Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case
2 years, 11 months 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 …

Whether Request For Extension Of Pre-Charge Detention Under UAPA Should Meet The 'Threshold Of Impossibility'? Delhi HC To Examine
3 years ago

Whether Request For Extension Of Pre-Charge Detention Under UAPA Should Meet The 'Threshold Of Impossibility'? Delhi HC To Examine

Live Law  

The Delhi High Court on Friday issued notice on a petition involving a question of law as to whether the request for extension of period of investigation and pre-charge detention under proviso to Section 43D of Unlawful Activities Act should meet the threshold of "impossibility".The proviso sates:"if it is not possible to complete the investigation within the said period. The …

Delhi High Court Stays Action Against Police Officials For Filing Two Distinct Chargesheets In Minor Rape Case
3 years, 1 month ago

Delhi High Court Stays Action Against Police Officials For Filing Two Distinct Chargesheets In Minor Rape Case

Live Law  

The Delhi High Court on Friday stayed a trial court order directing legal action against an Investigating Officer and SHO for filing two distinct chargesheets in a minor rape case. Justice Anu Malhotra, who sought status report from the Delhi Police, stayed the operation of the order dated 24th November 2021 wherein the Sessions Court had observed that the action …

Delhi High Court Expects State To Be More Prompt In Deciding Emergency Parole Applications
3 years, 2 months ago

Delhi High Court Expects State To Be More Prompt In Deciding Emergency Parole Applications

Live Law  

The Delhi High Court has said that it hopes and expects that the State would be more prompt in deciding prisoners' applications for grant of emergency parole. Justice Subramonium Prasad recently made the observation while dealing with the plea filed by one Ashutosh Tiwari seeking a direction on the State to release him on emergency parole for a period of …

Delhi High Court Issues Directions To Ensure That Custody Of An Undertrial Prisoner Is Not Extended Mechanically
3 years, 2 months ago

Delhi High Court Issues Directions To Ensure That Custody Of An Undertrial Prisoner Is Not Extended Mechanically

Live Law  

The Delhi High Court on Monday issued slew of directions to ensure that the custody of an undertrial is not extended mechanically in view of sec. and also to ensure that the rights of undertrial prisoners to seek default bail are not defeated despite legislative mandate and the principles of law.Justice Manoj Kumar Ohri also observed that the order of …

Delhi High Court Extends Life Of Interim Orders Till October 22
3 years, 3 months ago

Delhi High Court Extends Life Of Interim Orders Till October 22

Live Law  

The Delhi High Court has extended the life of its interim orders till October 22, 2021.The order was passed while dealing with the suo moto petition registered on the extension of interim orders in all matters pending before it and subordinate Courts, in view of the limited functioning of Courts due to the second Covid wave.A full bench comprising of …

Not Surrendering On Time When Granted Bail Last Year Cannot Be Reason To Deny Interim Bail Under HPC Guidelines: Delhi High Court
3 years, 3 months ago

Not Surrendering On Time When Granted Bail Last Year Cannot Be Reason To Deny Interim Bail Under HPC Guidelines: Delhi High Court

Live Law  

Full Bench of the Delhi High Court has observed that an applicant not surrendering on time when bail was granted last year cannot be a reason to deny interim bail under the High Powered Committee guidelines.A full bench comprising of Justice Vipin Sanghi, Justice Rekha Palli and Justice Talwant Singh was also dealing with applications filed by various applicants seeking …

Delhi High Court Registry Cites Staff Shortage As Reason For Delay In Communicating Parole Order To Jail
3 years, 5 months ago

Delhi High Court Registry Cites Staff Shortage As Reason For Delay In Communicating Parole Order To Jail

Live Law  

The Delhi High Court was recently informed by its Registry that release of two applicants from the prison was delayed as the parole orders were misplaced and could not be timely communicated to the jail authorities due to reduction in the staff strength.The submission was made before Justice Manoj Kumar Ohri during hearing of bail applications moved by Nazim Khan …

Delhi High Court Pulls Up NIA Judge For Delay In Hearing Bail Plea, Directs Expeditious Disposal Without Awaiting Physical Functioning
3 years, 5 months ago

Delhi High Court Pulls Up NIA Judge For Delay In Hearing Bail Plea, Directs Expeditious Disposal Without Awaiting Physical Functioning

Live Law  

The Delhi High Court has recently pulled up a Special NIA Judge, Patiala House Courts for delay in hearing a bail plea since February on the ground that the hearing could only be done via physical mode since the records in the case were voluminous.A division bench comprising of Justice Anup J. Bhambhani and Justice Siddharth Mridul observed thus:"With utmost …

[Covid-19] Delhi High Court Extends Interim Orders Till July 27, Seeks Impact Assessment Report
3 years, 5 months ago

[Covid-19] Delhi High Court Extends Interim Orders Till July 27, Seeks Impact Assessment Report

Live Law  

The Delhi High Court has sought status report from the Delhi Government on the impact of extension of interim orders, and interim bails granted to the undertrial Prisoners in view of recommendations made by the High Powered Committee with an objective of decongesting jails amid Covid-19 pandemic. Taking note of the fact that presently no Covid-19 case is being reported …

Convict Not Entitled To Remission While Undergoing Sentence In Default Of Payment Of Fine Delhi High Court
3 years, 6 months ago

Convict Not Entitled To Remission While Undergoing Sentence In Default Of Payment Of Fine Delhi High Court

Live Law  

The Delhi High Court has held that a convict is not entitled to remission of sentence while he is undergoing sentence in default of payment of fine under the scheme of Delhi Prison Rules. A single judge bench comprising of Justice Mukta Gupta also observed that the grant of emergency parole for release of prisoners as per the Delhi Government's …

Delhi High Court Grants Interim Custody Bail To Asif Iqbal Tanha For Preparation And Writing Final Year BA Programme
3 years, 7 months ago

Delhi High Court Grants Interim Custody Bail To Asif Iqbal Tanha For Preparation And Writing Final Year BA Programme

Live Law  

The Delhi High Court has granted interim custody bail to Asif Iqbal Tanha, facing trial in the Delhi Riots larger conspiracy case, enabling him to sit for his three backlog examinations to complete his BA Programme.A division bench comprising of Justice Siddharth Mridul and Justice Anup J. Bhambhani granted 14 days interim custody bail to Tanha subject to the conditions …

[Covid-19] Delhi High Court Directs 3499 Undertrial Prisoners To Surrender Before Jail Superintendents On Expiry Of Interim Bails
3 years, 10 months ago

[Covid-19] Delhi High Court Directs 3499 Undertrial Prisoners To Surrender Before Jail Superintendents On Expiry Of Interim Bails

Live Law  

The Delhi High Court on Wednesday directed all 3499 undertrial prisoners who were granted interim bails on the recommendations of the High Powered Committee, to surrender before the Jail Superintendents on the expiry of their interim bail commencing from 7th March. The Division bench comprising of Justice Siddharth Mridul and Justice Talwant Singh also directed the Director General of Prisons …

Delhi High Court Extends Interim Bails Granted To 3499 Undertrial Prisoners For Further 15 Days
3 years, 10 months ago

Delhi High Court Extends Interim Bails Granted To 3499 Undertrial Prisoners For Further 15 Days

Live Law  

The Delhi High Court further extended for 15 days the interim bails granted to 3499 undertrial prisoners expiring with effect from 20th February 2021. A division bench comprising of Justices Siddharth Mridul and Talwant Singh delivered the order after the High Powered Committee vide its meeting dated 17th February 2021 decided not to recommend further extension of interim. A division …

Once A Prisoner Obtains Custody Parole In A Case, He Need Not Obtain Permission From Every Court Where He Has Been Convicted Or Is Pending Trial: Delhi HC
4 years ago

Once A Prisoner Obtains Custody Parole In A Case, He Need Not Obtain Permission From Every Court Where He Has Been Convicted Or Is Pending Trial: Delhi HC

Live Law  

The Delhi High Court recently made it clear that once a prisoner obtains custody parole in a particular case, he does not need to procure separate custody parole orders from every other court which has either convicted him or where he is pending trial. While answering in the negative, the Court referred to a judgement given by the Division Bench …

Supreme Court Extends Stay Of Delhi HC Order Which Denied Extension Of Interim Bail To Undertrials
4 years, 1 month ago

Supreme Court Extends Stay Of Delhi HC Order Which Denied Extension Of Interim Bail To Undertrials

Live Law  

The Supreme Court has extended the stay of the order of the Delhi High Court denying further extension of interim bails granted to undertrials, till the next the date of hearing.A bench comprising of Justice L. Nageswara Rao, Justice Hemant Gupta and Justice Ajay Rastogi posted the case for hearing on 21st January 2021.On October 20, 2020, the Delhi High …

Delhi High Court Grants Conditional Custody Parole To Ex Bihar MP Mohd. Shahabuddin To Meet Relatives
4 years, 1 month ago

Delhi High Court Grants Conditional Custody Parole To Ex Bihar MP Mohd. Shahabuddin To Meet Relatives

Live Law  

The Bench of Justice Anup Jairam Bhambhani was hearing the plea of Shahabuddin who submitted that his father passed away recently; and in view thereof, he wishes to spend time with his grieving mother, who is herself, extremely unwell. Apex Court shifted him to Tihar Jail the Apex Court, in the exercise of its extraordinary judicial powers, shifted former Rashtriya …

Delhi HC Agrees To Extend Interim Bail of Prisoners Released To Decongest Prisons For 30 More Days [Read Order]
4 years, 2 months ago

Delhi HC Agrees To Extend Interim Bail of Prisoners Released To Decongest Prisons For 30 More Days [Read Order]

Live Law  

Delhi High Court has agreed to extend for 30 more days the interim bail granted to prisoners to decongest jails in light of COVID19 pandemic. The Division Bench of Justice Siddharth Mridul and Justice Talwant Singh extended such interim bail after taking into consideration the recommendation of the High Powered Committee set to decongest prisons in light of COVID19. Even …

Supreme Court Stays Delhi High Court Order Denying Extension Of Interim Bail To Undertrials [Read Order]
4 years, 2 months ago

Supreme Court Stays Delhi High Court Order Denying Extension Of Interim Bail To Undertrials [Read Order]

Live Law  

The Supreme Court on Thursday stayed the order of the Delhi High Court denying further extension of interim bails granted to undertrials. On October 20, 2020, the Delhi High Court had decided that there shall be no extension of interim bails granted to undertrials involved in heinous crimes. For 356 prisoners granted interim bail by the High Court, they shall …

No Further Extension Of Interim Orders In Civil Cases, Interim Bails Granted To Undertrials In Heinous Crimes: Delhi High Court [Read Order]
4 years, 2 months ago

No Further Extension Of Interim Orders In Civil Cases, Interim Bails Granted To Undertrials In Heinous Crimes: Delhi High Court [Read Order]

Live Law  

The Delhi High Court has intimated that there shall be no further extension of interim orders passed in civil cases. The Court observed that whereas extension of interim bails and interim stay orders was necessary in view of restrictive functioning of the Courts due to complete lockdown, it said, "but now the situation has changed and all Courts at High …

Delhi High Court ends blanket order extending interim stays, bails during lockdown
4 years, 2 months ago

Delhi High Court ends blanket order extending interim stays, bails during lockdown

India TV News  

The Delhi High Court has decided that its blanket order extending all interim stays and bails granted prior to and during the COVID-19 lockdown would not remain in effect after October 31. The court also said that the order would also be applicable to 356 prisoners who were granted bail by the high court and they would have to surrender …

Full Bench Order On Extension of Parole In Light of COVID19 Applies To Both Parole Granted By Jail And By The Court: Delhi HC [Read Order]
4 years, 2 months ago

Full Bench Order On Extension of Parole In Light of COVID19 Applies To Both Parole Granted By Jail And By The Court: Delhi HC [Read Order]

Live Law  

Delhi High Court has clarified that no distinction can be created between prisoners who were released on parole by the jail authorities and those who were granted parole by the court, for availing the benefits of the extension order passed by the Full Bench of the court. Appearing for the Petitioner, Mr Akshay Bhandari argued that the very reason for …

Delhi HC Issues Notice In Application Seeking Modification In Order Directing Extension Of Interim Bail Granted To Prisoners On The Ground Of COVID19
4 years, 3 months ago

Delhi HC Issues Notice In Application Seeking Modification In Order Directing Extension Of Interim Bail Granted To Prisoners On The Ground Of COVID19

Live Law  

Delhi High Court has issued notice in an application seeking modification in court's order on extending the interim bail granted to certain prisoners in light of COVID19 pandemic. Moved by Public Prosecutor Amit Prasad, the modification is sought on the ground that certain prisoners convicted of heinous crimes are misusing the order of the court which has automatically extended the …

Delhi HC Temporarily Suspends Sentence Of A Man Convicted Under POCSO Act, Directs Use of Google's 'Drop A Pin' To Send Live Location To Investigating Officer [Read Order]
4 years, 8 months ago

Delhi HC Temporarily Suspends Sentence Of A Man Convicted Under POCSO Act, Directs Use of Google's 'Drop A Pin' To Send Live Location To Investigating Officer [Read Order]

Live Law  

Delhi High Court has granted interim suspension of sentence to a man convicted and sentenced for 10 years of imprisonment for committing sexual assault on a minor. Arguing for the suspension, Mr Amit Chauhan had submitted that Discharge Summary dated 13.09.2016 prepared by Max Super Speciality Hospital, Vaishali, which records the course of treatment the appellant had undergone in 2016 …

Decongesting Prisons: High Powered Committee Directs Release of UTPs Suffering From Chronic Illness on Interim Bail [Read Press Release]
4 years, 8 months ago

Decongesting Prisons: High Powered Committee Directs Release of UTPs Suffering From Chronic Illness on Interim Bail [Read Press Release]

Live Law  

In order to further the cause of decongesting the prisons as a measure against the spread of COVID19, the High Powered Committee headed by Justice Hima Kohli of the Delhi High Court has decided to release under trial prisoners suffering from certain chronic diseases on interim bail of 45 days. As per the Committee's order, the following types of UTPs …

Delhi HC Agrees With High Powered Committee, Allows Release of Under Trial Prisoners On Bail Upon Furnishing A Personal Bond [Read Order]
4 years, 9 months ago

Delhi HC Agrees With High Powered Committee, Allows Release of Under Trial Prisoners On Bail Upon Furnishing A Personal Bond [Read Order]

Live Law  

Delhi High Court has agreed with the decision of the High Powered Committee to do away with sureties and release the under trial prisoners on bail upon furnishing a personal bond. The Division Bench of Justice Rajiv Sahai Endlaw and Justice Manoj Kumar Ohri has noted that: '.in view of the unprecedented prevailing circumstances and the matter of decongesting the …

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