Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
1 month, 1 week ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in a case triable by a Magistrate, if the trial of the accused of any non-bailable offence was not concluded within sixty days from the first date fixed for taking evidence and the accused was in custody during the entire period, he/she shall be released on bail. The bench of Justice Ganesh Ram Meena was hearing a second bail application filed by the accused charged under Section 420 and 406, IPC, in view of Section 480 of BNSS. However, since 60 days had passed after fixing of the first date for recording evidence, and the trial was not concluded, it was argued that the accused be granted bail under Section 480, BNSS.

Trial Court Case Accused Bnss 60 Days Recording Evidence  recording  grant  s480  evidence  high  days  accused  4806  court  rajasthan  day  custody  fixed  date  case  period  trial

History of this topic

S.187 BNSS | Police Custody Must Be Within First Forty Days For Offences Punishable Upto 10 Years Imprisonment : Karnataka High Court
5 days, 1 hour ago

S.187 BNSS | Police Custody Must Be Within First Forty Days For Offences Punishable Upto 10 Years Imprisonment : Karnataka High Court

Live Law  

The Karnataka High Court has held that as per Section 187 of the Bharatiya Nagarik Suraksha Sanhita, the 15-day police custody must be sought within the first forty days in cases of offences which are punishable upto ten years of imprisonment It clarified that the phraseology used in Section 187 BNSS is an offence punishable "for ten years or more", …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
1 week, 2 days 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 …

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
1 week, 6 days ago

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

Live Law  

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the …

IIT-BHU gang rape: Third accused granted bail after 11 months in jail
2 weeks, 5 days ago

IIT-BHU gang rape: Third accused granted bail after 11 months in jail

Hindustan Times  

The Allahabad high court has granted bail to Saksham Patel, the third accused in the 2023 gang rape of an Indian Institute of Technology-Banaras Hindu University student. Two other accused, Kunal Pandey and Abhishek Chauhan, were granted bail earlier. Justice Karunesh Singh Pawar, while allowing Patel’s bail application, noted, “Considering the submissions made, the record, and the fact that Patel …

Fix time for completion of trials, but denying bail no solution, SC tells HCs
3 weeks, 2 days ago

Fix time for completion of trials, but denying bail no solution, SC tells HCs

New Indian Express  

NEW DELHI: The Supreme Court has expressed strong displeasure after discovering that High Courts have been denying bail to people incarcerated for long periods. A two-judge bench of Justices Abhay S. Oka and Augustine George Masih observed, “Every day we notice that in several orders passed by different High Courts while rejecting the bail applications, in a routine manner, the …

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

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court

Live Law  

Criticising the growing trend of directly approaching the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the Jammu and Kashmir and Ladakh High Court has observed that bypassing the trial courts in such matters not only burdens the High Court but also disregards the legal protocol, where such petitions should typically be first addressed …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
3 weeks, 3 days ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court
3 weeks, 5 days ago

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court

Live Law  

The Karnataka High Court has rejected the bail plea of 73-year-old K Ramakrishna, former Chairman of Guru Raghavendra Sahakara Bank Niyamitha and Sri Guru Sarvabhauma Souhanda Credit Co-operative Ltd, booked under Prevention of Money Laundering Act, for allegedly de-frauding the bank to the tune of Rs.1,553 Crores by creating fictitious documents and granting loan in favour of fictitious persons. The …

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

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

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

India Today  

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

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

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

Live Law  

The Supreme Court on Monday issued notice in a plea challenging bail granted to Mohammed Javed, one of the accused in the 2022 beheading case of Udaipur tailor Kanhaiya Lal. The petition challenges the Rajasthan High Court's decision to grant bail to Javed in September 2024, based on the court's assessment that prima facie evidence did not suggest Javed's involvement …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
1 month, 1 week ago

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

Live Law  

Allahabad High Court: IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court Case title - Kajal And Another vs. State Of U.P. Kerala High Court: S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court Case Title: Sajith v State …

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
1 month, 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 …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
2 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.

Karnataka High Court grants bail to man who surrendered to police to protect the actual accused in Darshan case
2 months, 4 weeks 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 …

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

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

Live Law  

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

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench
3 months, 1 week ago

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench

Live Law  

The Punjab and Haryana High Court has referred the issue of applicability of the Bharatiya Nagarik Suraksha Sanhita, 2023 to a larger bench.Justice Harpreet Singh Brar disagreed with the opinion in Axxx v. UT Chandigarh where Justice Sumeet Goel had held that if a FIR is lodged under IPC but the application or petition in relation to it is filed …

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
3 months, 2 weeks ago

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains

Live Law  

The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice. The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, …

Tailor Kanhaiya Lal Murder Case: Rajasthan High Court Grants Bail To Mohammad Javed, Accused Of Doing Recce
3 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 …

Manner Of Probe Is Wisdom Of Investigating Agency But As 'Guardian Of Constitution', Court Will Monitor Action: P&H HC In Cheating Case
3 months, 2 weeks ago

Manner Of Probe Is Wisdom Of Investigating Agency But As 'Guardian Of Constitution', Court Will Monitor Action: P&H HC In Cheating Case

Live Law  

The Punjab & Haryana High Court has said that it will monitor the action taken against Punjab's real estate developer Jarnail Bajwa accused in over 50 FIRs pertaining to cheating investors.Bajwa was arrested a day after the Court summoned DGP Punjab over the lackadaisical approach of the Punjab Police in taking action against him and had sought details of cases …

Banbhoolpura violence: Uttarakhand HC asks 'mastermind' to approach division bench for bail
3 months, 3 weeks ago

Banbhoolpura violence: Uttarakhand HC asks 'mastermind' to approach division bench for bail

The Hindu  

A single-judge bench of Uttarakhand High Court on Monday disposed of the bail petition of Abdul Malik, the alleged mastermind of Banbhoolpura violence, asking him to approach a division Bench of the high court as it is a case under the Unlawful Activities Act. On August 30, after hearing the bail application of Mr. Malik, the single bench of Justice …

Advocate Dinesh Jangra gets relief from high court in assault case
3 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}} …

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

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

Hindustan Times  

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

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court
4 months, 1 week ago

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

Live Law  

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

Chandigarh: Court allows bail to HC Bar body chief in assault case
4 months, 2 weeks ago

Chandigarh: Court allows bail to HC Bar body chief in assault case

Hindustan Times  

The court of additional sessions judge on Thursday allowed the regular bail application of Vikas Malik, president of the Punjab and Haryana High Court Bar Association, who was arrested in an assault case last month. While Chandigarh Police had opposed the bail plea, the defence counsel argued in court for two hours to present their side of the story and …

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

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

The Quint  

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

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

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

Op India  

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

Kavitha seeks ‘default bail’ in CBI case
5 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, …

Delayed Trial, Violation Of Article 21 Rights: J&K High Court Grants Bail To Ex-Cop Accused Of Killing Man Falsely Projected As Terrorist
5 months, 2 weeks ago

Delayed Trial, Violation Of Article 21 Rights: J&K High Court Grants Bail To Ex-Cop Accused Of Killing Man Falsely Projected As Terrorist

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to Bansi Lal, a 56-year-old former police officer, who had been in judicial custody for almost 18 years. The order, passed by Justice Atul Sreedharan, highlighted the prolonged delay in the trial, describing it as a clear violation of Article 21 of the Indian Constitution, which guarantees the right …

“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case
5 months, 2 weeks ago

“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case

Live Law  

The Bombay High Court on Thursday granted bail to alleged conman Sukesh Chandra Shekhar, booked in a cheating case lodged against him in May 2015 for duping investors in a Ponzi Scheme. A rough and ready calculation of the total period of incarceration suffered by the applicant, in the context of the present case, leads to the period of about …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
5 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 …

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji
5 months, 3 weeks ago

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji

Live Law  

The Madras High Court on Wednesday granted four more months to the Chennai Principal and Sessions Court to complete trial in the money laundering case initiated by the Enforcement Directorate against former Tamil Nadu Minister Senthil Balaji. In February this year, while dismissing the bail application of Balaji, Justice Anand Venkatesh had asked the trial court to complete the trial …

SC refuses to entertain bail plea of SP MLA Ramakant Yadav in spurious liquor case
5 months, 4 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 …

Karnataka High Court directs Bhavani Revanna to appear before SIT on Friday
6 months, 2 weeks ago

Karnataka High Court directs Bhavani Revanna to appear before SIT on Friday

New Indian Express  

BENGALURU: Keeping in abeyance the non-bailable warrant issued against Bhavani Revanna, who is facing the charges for allegedly kidnapping a victim of a sexual assault allegedly involving her son, former MP Prajwal Revanna. Justice Krishna S Dixit passed the interim order keeping the NBW in abeyance after the assurance given by the senior counsel Sandesh Chouta that Bhavani Revanna will …

Bombay High Court Grants Bail To Murder Accused Who Wasn't Produced Before Trial Court On 70 Previous Dates, Calls It Prosecution's Failure
7 months, 2 weeks ago

Bombay High Court Grants Bail To Murder Accused Who Wasn't Produced Before Trial Court On 70 Previous Dates, Calls It Prosecution's Failure

Live Law  

The Bombay High Court recently granted bail to a murder accused after he was not produced before the trial court on 70 occasions, despite notices from the trial court. Justice SG Mehare of the Aurangabad bench observed that although the charges are serious, the non-production of the accused before the trial court entitled him to bail. The accused was not …

Lakhimpur Kheri Case| Supreme Court Asks UP Police & Prosecutor To Ensure Presence Of Witnesses To Avoid Delay In Trial
8 months ago

Lakhimpur Kheri Case| Supreme Court Asks UP Police & Prosecutor To Ensure Presence Of Witnesses To Avoid Delay In Trial

Live Law  

The Supreme Court, while hearing Ashish Mishra's bail plea in connection with the Lakhimpur Kheri incident, observed in its order that the public prosecutor and the local police need to take effective steps to ensure the presence of witnesses during Ashish Mishra's trial in connection with the Lakhimpur Kheri incident. Today, Senior Advocate Siddhartha Dave, appearing for Mishra, apprised the …

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

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

Live Law  

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

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
9 months, 1 week ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

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

Bizman’s bail plea dismissed : Non-disclosure of info, refusal to come court reasons why bail plea scrapped
1 year ago

Bizman’s bail plea dismissed : Non-disclosure of info, refusal to come court reasons why bail plea scrapped

Hindustan Times  

The non-disclosure of the information by Chaittnya Aggarwal, about the investment of the MP Kirron Kher’s money and direct refusal to come to the court are the circumstances which went against him, as the court dismissed his anticipatory bail application today. When the Court asked for the reason why ₹8 crore was taken or why he was hesitating in disclosing …

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law  

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year ago

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

Live Law  

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code. Notably, although the Trial Court had been directed to dispose of the case within 31st …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

BNSS – A Case Of Missed Opportunity
1 year, 2 months ago

BNSS – A Case Of Missed Opportunity

Live Law  

The recently tabled Bharatiya Nagarik Suraksha Sanhita, 2023, which aims to replace Code Criminal Procedure, 1973 misses out a great opportunity to reform our criminal procedure system. In view of the Constitution Bench judgment in SushilaAggarwal vs. State, it would have been advisable to specify the power vested with the High Court/the Sessions Court on the duration of the anticipatory …

‘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, 2 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 …

High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court
1 year, 3 months ago

High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court

Live Law  

Aghast to see the shocking lapses and the slipshod investigation on the part of the police, the Court drew attention to a 2003 report by Dr. Justice V.S. The Supreme Court recently expressed exasperation at having to acquit three accused persons in a case of murder and kidnapping due to glaring lapses in police investigation. Echoing the same sentiment, it …

Data | Indian judicial data hides more than it reveals in bail cases
1 year, 4 months ago

Data | Indian judicial data hides more than it reveals in bail cases

The Hindu  

The number of bail appeals filed in India’s High Courts surged post 2020, according to the ‘High Court dashboard’ by DAKSH, a think-tank focussed on law and justice system reforms. Click to remove AMP mode Consequently, the number of pending bail appeals in High Courts also surged from around 50,000 to 65,000 to between 1.25 lakh to 1.3 lakh. Chart …

Supreme Court Half Yearly Bail Digest 2023
1 year, 4 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

Nawab Malik Withdraws Plea Alleging Delay In Bail Hearing, Supreme Court Grants Him Liberty to Challenge Bombay HC’s Decision To Deny Interim Bail
1 year, 5 months ago

Nawab Malik Withdraws Plea Alleging Delay In Bail Hearing, Supreme Court Grants Him Liberty to Challenge Bombay HC’s Decision To Deny Interim Bail

Live Law  

The Supreme Court on Friday dismissed as withdrawn, a petition filed by former Maharashtra minister Nawab Malik, who has been in jail since February 23, 2022 following his arrest by the Directorate of Enforcement in a money laundering case. A bench of Justices Sanjiv Khanna and Bela M Trivedi was hearing a special leave petition filed by Malik against May …

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