8 years, 9 months ago

An Advocate cannot be added as an Accused for filing an affidavit contains false name of Accused; Punjab and Haryana HC [Read Judgment]

Live Law

Punjab and Haryana High Court has recently held that only on the basis that an affidavit had been filed in the capacity of an Advocate along with an application for Anticipatory bail identifying the accused therein as named in the F.I.R., a Lawyer cannot be added as an Accused.Justice Tejinder Singh Dhindsa has quashed the order passed under Section 319 CrPC by the Additional Sessions. Justice Tejinder Singh Dhindsa has quashed the order passed under Section 319 CrPC by the Additional Sessions Judge, Faridkot in terms of which Advocate Amaninder Singh Sekhon has been summoned to face trial as an additional accused under sections 419, 420, 465, 467, 468, 471, 474 and 120-B I.P.C, registered at Police Station, City Faridkot. Such alleged accused Harmanjit Singh approached the present petitioner, who is a practicing Advocate to file an application seeking concession of anticipatory bail in the afore noticed F.I.R. Perusal of the impugned order would reveal that the petitioner has been summoned to face trial as an additional accused upon the deposition and statements of some witnesses and only on the basis that an affidavit had been filed by the petitioner in the capacity of an Advocate along with an application under Section 438 Cr.P.C seeking concession of pre-arrest bail identifying the accused therein as Harmanjit Singh and as named in the F.I.R.

Trial Court Application Accused Singh Affidavit Faridkot Petitioner Advocate Section 438 Cr Harmanjit Singh Harmanjit Judgment Punjab false hc trial court accused judgment punjab filing contains harmanjit affidavit advocate read singh petitioner application fir haryana

History of this topic

1 week ago

Trial Courts Must Be Cautious While Granting Permission To IO For Invoking Charges On Organised Crime U/S 111 BNS Against Accused: Karnataka HC

Live Law

The Karnataka High Court has said that trial courts are required to be more cautious while permitting the Investigation Officer to invoke the offence punishable under Section 111 of Bhartiya Nyaya Sanhita 2023. The application/requisition of the Investigation Officer seeking permission of the Court to invoke Section 111 of BNS, 2023, shall be accompanied with necessary documents/materials which would prima-facie …

1 week, 2 days 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 …

2 weeks, 2 days ago

Delhi court grants bail to Lalu Yadav's son Tej Pratap, daughter Hema in land-for-job scam case

India TV News

Delhi court grants bail to Lalu Yadav's son Tej Pratap, daughter Hema in land-for-job scam case Rouse Avenue court's special judge Vishal Gogne granted bail to accused persons on furnishing a personal bond of Rs. Special Judge Vishal Gogne took cognizance of all three chargesheets filed by the Central Bureau of Investigation, including the final conclusive chargesheet, which lists Lalu …

2 weeks, 2 days ago

Suicide Note Doesn't Show Serious Fight Between Couple: Punjab & Haryana HC Grants Pre-Arrest Bail To Wife Accused Of Abetting Husband's Suicide

Live Law

The Punjab & Haryana High Court has granted anticipatory bail to a wife accused of abetting the suicide of her husband, observing that no serious fight in the recent past has been shown in the alleged suicide note. The Court noted that prima facie, as per the alleged suicide note, the husband was perturbed with the unwarranted desire of the …

3 weeks, 5 days ago

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail

Live Law

The Supreme Court today, while refusing to quash the FIR against former Gujarat IAS Officer Pradeep Sharma for allegedly misusing official position to pass unduly favourable orders in a land dispute, granted him anticipatory bail. Thus Sharma was allegedly “acting against the interest of the Government and with a view to unduly favour the allottees, had passed the order with …

1 month ago

Bail granted to alleged mastermind of dacoity attempt case

The Hindu

A court in Udupi has granted anticipatory bail to a person who is said to be the main conspirator in a recent dacoity attempt at a house in Manoor village in Brahmavar taluk of Udupi district. The II Additional District and Sessions Judge, Udupi, A. Samiulla, on February 22, granted the anticipatory bail to 39-year-old K. Sharathraj of Basrur village …

Former Chhattisgarh Advocate General Approaches Supreme Court For Anticipatory Bail; State Agrees Not To Arrest Him For A Week

Trending News

1 month ago

Former Chhattisgarh Advocate General Approaches Supreme Court For Anticipatory Bail; State Agrees Not To Arrest Him For A Week

Live Law

The Supreme Court today recorded the statement of Counsel for the State of Chattisgarh that no coercive steps will be taken against the former Advocate General of Chattisgarh, Satish Chandra Verma, in connection with the NAN scam case, till the next date of hearing, February 28. The Court was hearing a Special Leave Petition challenging the High Court of Chattisgarh …

Trending News

1 month ago

Former Chhattisgarh Advocate General Approaches Supreme Court For Anticipatory Bail; State Agrees Not To Arrest Him For A Week

Live Law

1 month, 1 week ago

Rahul Gandhi gets permanent exemption from court appearance in defamation case, files application to change nature of trial

The Hindu

A Pune court on Tuesday granted permanent exemption from appearance to Congress MP Rahul Gandhi in a defamation case filed over his alleged objectionable remarks on Hindutva ideologue V D Savarkar, citing his top-level security and the Leader of Opposition status. An application seeking permanent exemption from appearing before the special court for MP/MLA was moved by Advocate Milind Pawar, …

1 month, 1 week ago

'Conduct Not In Accordance With Dignity Of AG's Office': Chhattisgarh HC Denies Anticipatory Bail To Ex-Advocate General In 'NAN Scam' Case

Live Law

The Chhattisgarh High Court has rejected anticipatory bail to former Advocate General Satish Chandra Verma for his alleged involvement in the 'Nagarik Apurti Nigam' scam and misusing his constitutional office to influence outcomes of certain cases in favour of top administrative officers of the State. At that time, he was the Advocate General of the State and he ought not …

1 month, 1 week ago

'Homage' To Deceased Singer: Punjab & Haryana HC Grants Pre-Arrest Bail To Author Of Book On Sidhu Moosewala In Defamation Case

Live Law

The Punjab & Haryana High Court has granted anticipatory bail to the author of a book based on deceased Punjabi singer Sidhu Moosewala's life account, in a defamation case. A complaint was filed by Moosewala's father against the author–Manjinder Singh who wrote the book 'The Real Reason Why Legend Died' under sections 451, 406, and 380 of the Indian Penal …

1 month, 1 week ago

Supreme Court Summons Haryana DGP Over Illegal Arrest Violating 'Arnesh Kumar' Guidelines

Live Law

The Supreme Court recently directed the personal appearance of the Director General of Police, Haryana, since no action was reported to have been taken against police officials who arrested a person in violation of the directions passed in Arnesh Kumar v. State of Bihar.In Arnesh Kumar, the Supreme Court passed several guidelines to curb unnecessary and casual arrest, and directed …

1 month, 2 weeks ago

File counter in Radha Kishan Rao’s anticipatory bail plea, HC tells police

The Hindu

Justice K. Lakshman of Telangana High Court on Monday directed the State government to file counter affidavit in a criminal petition filed by retired police officer P. Radha Kishan Rao seeking anticipatory bail in a criminal case registered by Punjagutta police. When the plea came up for hearing, the Judge asked why the petitioner was seeking anticipatory bail having already …

1 month, 3 weeks ago

Not Justified To Summon Additional Accused For Offence Not Related To Trial: Punjab & Haryana HC Sets Aside Summons In POCSO Case

Live Law

The Punjab & Haryana High Court quashed the summoning order against a wrestling coach in a POCSO case, observing that the allegations levelled against him were not related to the trial in which he was summoned. Justice Amarjot Bhatti said, "For summoning of additional accused under Section 319 Cr.P.C., the Court is required to look into the form of evidence …

1 month, 3 weeks ago

Delhi HC to hear Mahant Surendranath's plea on FIR quashing on Feb 11

Hindustan Times

The Delhi High Court on Monday issued a notice on a petition filed by Mahant Surendranath, seeking the quashing of the FIR registered against him in connection with the electrocution incident at Kalkaji Mandir. On Monday, the Delhi High Court sent out a notice regarding a plea that Mahant Surendranath had filed to have the FIR against him in relation …

1 month, 3 weeks ago

Kerala HC Grants Anticipatory Bail To Reporter TV Editors In POCSO Case, Says 'Inappropriate Questions' To Child Should Have Been Avoided

Live Law

The Kerala High Court on Monday allowed the anticipatory bail applications filed by Malayalam news channel Reporter TV's consulting editor Arun Kumar K. and Sub-editor Shabas Ahammed. Justice P. V. Kunhikrishnan observed that prime facie, while the allegations did not constitute a criminal offence under the POSCO Act, the Court stated that the reporters asked the child inappropriate questions which …

1 month, 3 weeks ago

Polluted Stream Of Justice: Punjab & Haryana HC Denies Pre-Arrest Bail To Man Who Forged Aadhaar Card For Accused To Secure Bail

Live Law

The Punjab and Haryana High Court has denied pre-arrest bail to a man who allegedly forged an Aadhar Card, paving way for a POCSO accused to secure bail.The man was hired by accused's father, to forge the Aadhaar Card of one Sunny, who was to stand as surety for the son. The Punjab and Haryana High Court has denied pre-arrest …

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 …

2 months ago

Advocate Not Liable To Verify Fake Documents Provided By Client For Firm Registration To Evade Tax: Jharkhand High Court

Live Law

The Jharkhand High Court stated that an advocate is not liable to verify fake documents provided by a client for registration of a firm to evade tax. The bench of Justice Anil Kumar Choudhary was dealing with a case where an advocate had moved a petition for anticipatory bail in a case registered under sections 406/420/468/471/120B of the Indian Penal …

2 months ago

Bank Fraud | Punjab & Haryana High Court Grants Bail To Man Booked Under PMLA On Grounds Of Long Incarceration

Live Law

The Punjab & Haryana High Court has granted bail to the former director of SEL Textiles Limited Neeraj Saluja in a money laundering case, accused of diverting loan amount for purposes other than what it was sanctioned for. "Thus, when further proceedings in pursuance of FIR as well as ECIR have been stayed by a Division Bench of this Court; …

2 months, 1 week ago

Failure To Disclose Information About Accomplices Can't Be Construed As 'Non-Cooperation With Investigation': Punjab & Haryana HC

Live Law

The Punjab & Haryana High Court has said that "non-cooperation in investigation” must be interpreted with precision and cannot be equated with the failure of the accused to disclose information about his alleged accomplices or for facilitating the recovery of bribe money.Justice Manjari Nehru Kaul while allowing an anticipatory bail application in a corruption case, rejected the. Justice Manjari Nehru …

2 months, 1 week ago

Person Seeking Relief Must File A Petition, Can't Claim It As An Intervenor: Punjab & Haryana High Court Reiterates

Live Law

The Punjab & Haryana High Court has reiterated that if a person wants to seek a relief then he needs to be file a petition, and he cannot claim the relief by filing an application to be impleaded as intervenor. A division bench of Chief Justice Sheel Nagu and Justice Sudhir Singh said, "It is settled in law that if …

2 months, 2 weeks ago

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC

Live Law

The Punjab & Haryana High Court has made it clear that while adjudicating anticipatory bail under NDPS, the manner in which the petitioner has been arraigned or implicated is a required to be seen.Justice Sumeet Goel explained, “The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and …

2 months, 3 weeks ago

Holding Multiple Inquiries On Same Allegations Amount To Violation Of Article 21: Punjab & Haryana High Court

Live Law

The Punjab & Haryana High Court granted anticipatory bail in fraud and Prevention of Corruption Act case to a Junior Engineer posted in Municipal Council Khanna, accused for committing embezzlement of Rs. Justice Sandeep Moudgil said, "multiple inquires on same set of allegations would amount to violation of Article 21 of the Constitution of India added with the fact that …

3 months ago

Right To Be Forgotten: Punjab & Haryana HC To Decide If Accused Has 'Preferential Right' Over Society's Right To Know Involvement In Crime

Live Law

The Punjab & Haryana High Court will be deciding the legal question whether an accused or suspect has a preferential right to be forgotten over the right of the society to know about the involvement of any person in a criminal case. Justice Vinod S. Bhardwaj said, ".the legal issue that arises for consideration before this Court as to whether …

3 months, 1 week ago

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

Live Law

The Punjab & Haryana High Court has dismissed the plea filed by Congress MLA Mamman Khan against segregation of his trial by the trial court in Nuh from other accused in connection with the July 2023 Nuh violence case. Justice Mahabir Singh Sindhu said, "in view of the charges framed by learned trial Court, prima facie, it is discernible that …

3 months, 1 week ago

Supreme Court Issues Notice In Bail Plea Of Azam Khan & Son In Stolen Machine Case

Live Law

The Supreme Court yesterday issued notices in Special Leave Petitions filed by Samajwadi Party leader Mohammad Azam Khan, former member of the Uttar Pradesh Legislative Assembly from Rampur and his son Mohammed Abdullah Azam Khan, former member of the Legislative Assembly from Suar constituency challenging January 29 order of the Allahabad High Court refusing to grant them bail in. The …

3 months, 2 weeks ago

Andhra Pradesh High Court Grants Anticipatory Bail To Film Maker Ram Gopal Varma In Criminal Defamation Case

Live Law

The Andhra Pradesh High Court on Tuesday granted anticipatory bail to film maker Ram Gopal Varma in connection with a criminal defamation case lodged against him for his alleged defamatory and objectionable posts on X about Chief Minister N Chandrababu Naidu. It said: "Heard the learned counsel for the petitioner and the learned Public Prosecutor and pursued the record as …

3 months, 3 weeks ago

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

Live Law

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act, observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice. The Punjab and …

3 months, 3 weeks ago

Gurugram Court Issues Arrest Warrants Against TV News Anchors Chitra Tripathi & Syed Suhail In POCSO Case

Live Law

A special court in Haryana's Gurugram earlier this month issued a non-bailable warrant of arrest against TV News Anchors and Journalists Chitra Tripathi & Sayed Suhail in a 2013 POCSO case. Before the Court, while Tripathi's counsel sought exemption on the ground that the ABP News Anchor is travelling to Nasik, Maharashtra, to cover the Maharashtra election and interview State's …

4 months ago

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA

Live Law

The Supreme Court today granted anticipatory bail to Jagannath Temple Priest, Rajkumar Daitapati in relation to PMLA proceedings initiated against him for alleged offence of money laundering. The petitioner, stated to be a generational priest of the Shri Jagannath Temple, Puri, Orrisa has been arrayed in proceedings under S. 3 and 4 of the Prevention for Money Laundering Act 2002. …

4 months, 1 week ago

Punjab & Haryana High Court Dismisses Ex-MLA Dilbag Singh's Plea Challenging ED's Provisional Attachment Order In Illegal Mining Case

Live Law

The Punjab and Haryana High Court has dismissed a plea filed by Indian National Lok Dal's former MLA Dilbagh Singh and others, challenging the Provisional Attachment Order passed by the Enforcement Directorate in connection with money laundering allegations in an illegal mining case. Perusing the impugned PAO passed on 09.08.2024, the Court said that it is evident that the Deputy …

4 months, 2 weeks ago

Punjab: ‘False affidavit’ in drug case lands DSP, others in dock

Hindustan Times

The high court has directed the Punjab director general of police to probe role of a deputy superintendent of a police and other officers associated with the investigation into a drugs seizure case registered in 2023. The order, from the bench of justice Kuldeep Tiwari, came after it was revealed that a wrong affidavit was filed by Talwandi Sabo DSP …

4 months, 2 weeks ago

Rajasthan Chief Minister's plea for court exemption in 2011 riots case rejected

India Today

The Additional District Judge court in Rajasthan has rejected Chief Minister Bhajanlal Sharma’s plea for permanent exemption from court appearances in the 2011 Gopalgarh riots case. The petition had requested that Sharma, due to his responsibilities as Chief Minister and the frequent travel demands of his position, be permitted to forgo court appearances for future hearings in the case. However, …

4 months, 2 weeks ago

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Live Law

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti …

5 months, 3 weeks ago

Karnataka HC rejects bail for UP man accused of cheating 15 people across India

New Indian Express

BENGALURU: The Karnataka High Court refused anticipatory bail to Anupkumar Chodhari, an accused from Uttar Pradesh who had allegedly cheated 15 persons from different states after receiving lakhs of rupees from them on the pretext of getting them inducted as members of the Railway Board. Under these circumstances, though in law the present petition filed under Section 438 of CrPC …

6 months ago

Karnataka High Court grants bail to man who surrendered to police to protect the actual accused in Darshan case

The Hindu

The High Court of Karnataka has granted bail to a 27-year-old man who had surrendered to the police, in place of the actual accused, by accepting ₹5 lakh as consideration for owning up the offence in the Renukaswamy murder case; film actor Darshan is a main accused in the case. This is the first instance of bail granted to any …

6 months, 1 week ago

Land-for-job case: Delhi court summons Lalu Prasad, Tejashwi & Tej Pratap Yadav

Hindustan Times

Former Bihar minister and elder son of Rashtriya Janata Dal chief Lalu Prasad, Tej Pratap Yadav has been summoned by the Rouse Avenue court in the national Capital Delhi on Wednesday in the land-for-job money laundering case. Tej Pratap is the sixth member of Lalu Prasad’s family, whose name has figured in the case. The other members, besides Lalu Prasad …

6 months, 2 weeks ago

Tailor Kanhaiya Lal Murder Case: Rajasthan High Court Grants Bail To Mohammad Javed, Accused Of Doing Recce

Live Law

Rajasthan High Court granted bail to one of the accused, Mohammed Javed, in the tailor Kanhaiyalal murder case that took place in 2022, on the grounds that the prosecution was not able to present any evidence to show that the appellant conspired with the primary accused. The counsels for the appellant argued that the allegations against the appellant, whose shop …

6 months, 3 weeks ago

Advocate Dinesh Jangra gets relief from high court in assault case

Hindustan Times

The Punjab and Haryana high court granted anticipatory bail to Dinesh Jangra, an advocate accused in a high-profile assault case involving members of the Punjab and Haryana High Court Bar Association. The order was passed by Justice Manisha Batra overturning the decision of the additional sessions judge, Chandigarh, which had denied bail application of Dinesh Jangra. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} …

7 months ago

Lawyer Not Authorised To Make A Statement Of Fact Not Specifically Pleaded In Anticipatory Bail Plea: Allahabad High Court

Live Law

The Allahabad High Court recently observed that a counsel can only argue a fact pleaded specifically in the anticipatory bail application and is not authorized to make a statement of fact that has not been specifically pleaded. However, when a pointed query was made to the counsel for the applicant about which paragraph pleadings were made about the fact that …

7 months, 2 weeks ago

Court orders Delhi Police to file reply on Bibhav Kumar's bail plea by August 21

India Today

The Supreme Court on Wednesday directed the Delhi Police to file its response by August 21 on the plea of Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar for grant of bail in the AAP Rajya Sabha member Swati Maliwal assault case. Additional Solicitor General S V Raju, appearing for the Delhi Police, told a bench of Justices Surya Kant, …

7 months, 3 weeks ago

Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail

Live Law

Observing that continued absence of prosecution witnesses is alarming in NDPS cases, especially given the severe drug menace in Punjab region, the Punjab & Haryana High Court has said that "since the trial has been delayed due to the repeated and continuous non-appearance of the prosecution witnesses, the State cannot justifiably oppose the prayer of the petitioner for bail."Previously,... Observing …

7 months, 3 weeks ago

Delhi Court to hear anticipatory bail plea of trainee IAS Pooja Khedkar today

Hindustan Times

Patiala House Court of Delhi will hear the anticipatory bail application of probationary IAS officer Pooja Khedkar on Tuesday. Delhi Court to hear anticipatory bail plea of trainee IAS Pooja Khedkar today This is in relation to an FIR registered against her for allegedly "faking her identity to fraudulently avail attempts beyond the permissible limit" in the civil services examination. …

9 months, 1 week ago

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas

Live Law

Rajasthan High Court has denied anticipatory bail to the person charged under five different FIRs for forging “pattas” that were never actually issued by the Ajmer Development Authority and taking lakhs of rupees from complainants to distribute these fabricated pattas and documents. A bench of Justice Anoop Kumar Dhand said, “While considering an application for grant of anticipatory bail, no …

10 months, 2 weeks ago

Punjab & Haryana HC Stays FIR Against Youth Congress Leader Contesting Lok Sabha Polls Against Ex-CM Manohar Lal Khattar, Issues Notice On Plea For Quashing

Live Law

The Punjab & Haryana High Court today, has issued notice on plea filed by Youth Congress leader Divyanshu Budhiraja, seeking quashing of a case registered against him for his alleged failure to appear before the trial court in a criminal case. Budhiraja, is contesting from Haryana's Karnal Lok Sabha seat against former Chief Minister ML Khattar.The plea stated that Budhiraja …

10 months, 2 weeks ago

SC grants anticipatory bail to Mukhtar’s son

Hindustan Times

New Delhi The Supreme Court on Monday granted anticipatory bail to Umar Ansari, son of late gangster-turned-politician Mukhtar Ansari in a case in which he is accused of being part of a conspiracy to promote enmity and obstruct public servants during the 2022 assembly elections in Uttar Pradesh. UP’s additional advocate general Garima Prasad told the court during the hearing …

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 …

10 months, 3 weeks ago

In Pre-Arrest Bail Plea, Court Can Ask Police To Intimate Intention To Not Arrest Accused So That Liberty Is Not "Tricked" Later: P&H High Court

Live Law

Dealing with a "unique prayer" seeking fifteen days' advance notice in case the investigator proposes to arrest the accused in a corruption case, the Punjab & Haryana High Court said that if a pre-arrest bail plea is filed and investigators take a stand that they do not intend to arrest, then the Court can direct them to inform the accused …

10 months, 3 weeks ago

Prosecutor Can't Merely 'Cross Sign' & 'Forward' Investigator's Application For Extension Of Custody U/S 36A(4): Punjab & Haryana High Court

Live Law

The Punjab and Haryana High Court has made it clear that the Public Prosecutor mere by "cross signing" and writing "forwarded" on the application filed by the investigating agency, seeking extension of time for probe would not satisfy the essential condition under Section 36A of the NDPS Act.According to Section 36A of the NDPS Act, in an offence involving commercial …

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