Plea Seeking Pre-Arrest Bail Not Money Recovery Proceedings: Supreme Court Sets Aside HC Bail Condition Of Depositing Rs 7.5 Lakhs
2 years, 2 months ago

Plea Seeking Pre-Arrest Bail Not Money Recovery Proceedings: Supreme Court Sets Aside HC Bail Condition Of Depositing Rs 7.5 Lakhs

Live Law  

Opining that petitions seeking pre arrest bail are not same as money recovery proceedings petitions, the Supreme Court of India recently annulled a condition imposed by the Jharkhand High Court of depositing 7.5 Lakhs as "victim compensation" while granting pre-arrest bail. A Division Bench of Dinesh Maheshwari and Bela M Trivedi observed, "Even if we take the submissions of the learned counsel for the contesting respondent on its face value, we are clearly of the view that in essence, the petitions seeking relief of pre arrest bail are not money recovery proceedings and, ordinarily, there is no justification for adopting such a course that for the purpose of being given the concession of pre-arrest bail, the person concerned apprehending arrest has to make payment." The Bench was considering an appeal plea filed challenging the order of the Jharkhand High Court granting pre-arrest bail to the appellants on the condition that they furnish a bond of Rs.25,000/- and deposit a demand draft Rs.7,50,000/- as an ad-interim victim compensation. The counsel appearing for the state government relied on several orders against imposing the terms of payment for the purpose of granting the relief of pre-arrest bail and remitting the matter for re-consideration.

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History of this topic

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
1 day, 13 hours ago

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest

Live Law  

The Supreme Court delivered several notable judgments in 2024 on the parameters for bail and powers of arrest. PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme Court Case Title : Arvind Kejriwal v. Directorate of Enforcement | 2024 LiveLaw 463 Coram : Justice Sanjiv Khanna and Justice …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
2 days, 9 hours ago

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court

Live Law  

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". Such reluctance exacerbates the burden on High Courts, where …

Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader
3 days, 4 hours 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 …

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 …

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
1 week, 3 days ago

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine

India Today  

The Supreme Court said it would revisit the question whether failure to provide the grounds of arrest would lead to bail or release of the accused in all cases. The court's decision came during the hearing of a plea filed by Mihir Shah, the main accused in the high-profile BMW hit-and-run case in Mumbai's Worli. Earlier this month, Mihir Shah …

SC grants bail to two in Waqf Board money laundering case
1 week, 4 days ago

SC grants bail to two in Waqf Board money laundering case

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday in it order granted bail to two men arrested in connection with the Delhi Waqf Board money laundering case. While grating bail to accused -- Zeeshan Haider and Daud Nasir, a two-judge bench of the apex court, led by Justice Abhay S Oka and Justice Augustine George Masih observed that the duo were …

Ensure release of prisoners languishing unnecessarily in jails: HC
1 week, 6 days ago

Ensure release of prisoners languishing unnecessarily in jails: HC

Deccan Chronicle  

The Madras High Court has asked its Registrar General to ensure that the process for release of prisoners languishing unnecessarily in jails was accelerated by completing the formalities.Filing of necessary petitions through the Legal Aid Services before the competent court should also be ensured.A division bench comprising Justices S M Subramaniam and M Jyothiraman passed the order on Monday on …

Punjab & Haryana HC Grants ₹2 Lakh Compensation To Man Held In Custody Despite Forensic Report Revealing Alleged Contraband Is 'Paracetamol'
1 week, 6 days ago

Punjab & Haryana HC Grants ₹2 Lakh Compensation To Man Held In Custody Despite Forensic Report Revealing Alleged Contraband Is 'Paracetamol'

Live Law  

The Punjab & Haryana High has granted Rs 2 lakh compensation for "unjust deprivation of liberty" of a man who was continued to be detained under NDPS Act, despite the forensic report revealing that the alleged contraband was nothing but paracetamol.Justice Kirti Singh noted that the petitioner was subjected to prolonged incarceration for a period of about "13 days despite …

Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court
2 weeks, 2 days ago

Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court, while granting interim bail to an accused has emphasised that although a victim has the right to participate in criminal proceedings at all stages, there are instances where hearing the victim may not be necessary before granting relief. In the instant case also, the victim has been made a respondent by the …

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra
2 weeks, 3 days ago

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra

Live Law  

The Calcutta High Court has granted bail to recruitment scam accused Sujay Krishna Bhadra. Bhadra's firm was linked with transfer of proceeds of crime to M/S Leaps & Bounds Pvt Ltd, a company linked with AITC MP Abhishek Banerjee.Justice Suvra Ghosh granted bail and held: The case essentially hinges on the statement of the petitioner and the co-accused and recovery …

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

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

Live Law  

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

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 …

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition
3 weeks, 5 days ago

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition

Live Law  

Observing that the judicial conscience of the Court is shocked about the manner in which the release warrant was issued by a Judicial Magistrate, the Punjab & Haryana High Court has sought explanation from the judge.The Court found that the JMIC of Ambala issued a release warrant for an accused in a cheating case without compliance of the pre-condition of …

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
1 month 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. …

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

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

Live Law  

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

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

Money laundering: Four get bail after 1K days in jail
1 month, 2 weeks ago

Money laundering: Four get bail after 1K days in jail

New Indian Express  

CHENNAI: Four men facing trial in a money-laundering case arising out of an alleged Rs 1,137 crore cheating case were given bail by a CBI court in Chennai as they had faced incarceration for more than 1,000 days. In the October 29 order, principal judge for CBI cases T Malarvalantina cited the provision of Section 479 of BNSS which entitles …

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent
1 month, 2 weeks ago

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

Live Law  

After granting similar relief in Arvind Kejriwal's case, the Supreme Court today granted interim bail to one Subhash Prasad Yadav - accused in a money laundering case - for the purpose of contesting Jharkhand Assembly elections. A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in Yadav's challenge to a Patna High Court order. Apparently, Yadav filed …

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 …

Karnataka HC reserves order on Prajwal’s bail pleas
3 months ago

Karnataka HC reserves order on Prajwal’s bail pleas

New Indian Express  

BENGALURU: The Karnataka High Court on Thursday reserved order on three bail petitions filed by former Hassan MP Prajwal Revanna, who is facing sexual harassment and rape charges. Prajwal filed the petitions seeking anticipatory bail in two cases and regular bail in the third case. Prajwal approached the high court for bail in the case registered with the Holenarasipura police …

HC grants bail to Priyavrat Mandhana in money laundering case
3 months, 1 week ago

HC grants bail to Priyavrat Mandhana in money laundering case

Hindustan Times  

MUMBAI: The Bombay high court on Thursday granted bail to Priyavrat Mandhana, 35, son of Mandhana Industries’ promoter, Purushottam Mandhana, observing that the Enforcement Directorate did not have sufficient reasons to arrest him. HT Image Mandhana had approached the high court, seeking immediate release from jail, claiming that his arrest by the ED was illegal for failure of its officials …

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 …

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, …

Surety Amount In Bail Orders Should Align With Financial Status Of Person: Allahabad HC
3 months, 2 weeks ago

Surety Amount In Bail Orders Should Align With Financial Status Of Person: Allahabad HC

ABP News  

The Allahabad High Court in a recent order directed trial courts to ensure that the orders granting bail consider the socio-economic status of the bail applicant. Calling it a serious matter, the court noted that large number of the persons who belong to marginalised sections of the society are unable to arrange or provide sureties fixed arbitrarily by the trial …

Supreme Court dismisses ED's plea against grant of bail to accused in Jharkhand land 'scam'
3 months, 2 weeks ago

Supreme Court dismisses ED's plea against grant of bail to accused in Jharkhand land 'scam'

The Hindu  

The Supreme Court has dismissed a plea of the Enforcement Directorate challenging the grant of bail to an accused in a money laundering case related to the sale of 4.55 acres of land of the Indian Army in Ranchi, allegedly by creating false property documents. Jharkhand Chief Minister Hemant Soren, who is out on bail, is also an accused in …

Live-in ‘agreement’ helps Mumbai man get pre-arrest bail in rape case
3 months, 2 weeks ago

Live-in ‘agreement’ helps Mumbai man get pre-arrest bail in rape case

Hindustan Times  

A Mumbai sessions court has granted anticipatory bail to a man accused of rape, following a hearing in which the accused presented evidence of a consensual relationship with the complainant. The case, registered with the Colaba police station, involved allegations of sexual assault, but the court's decision hinged on a notarized agreement that outlined the terms of a live-in relationship …

Court Can't Postpone Implementation Of Bail Order After Finding Accused Entitled To Bail: Supreme Court
3 months, 2 weeks ago

Court Can't Postpone Implementation Of Bail Order After Finding Accused Entitled To Bail: Supreme Court

Live Law  

The Supreme Court on Monday ruled that once a court concludes that an accused is entitled to bail, it cannot delay the implementation of the bail order, as doing so may violate the rights guaranteed under Article 21 of the Constitution. A bench of Justice Abhay Oka and Justice Augustine George Masih deleted the condition imposed by Patna High Court …

Chandigarh: HC grants bail to dismissed SI in ₹1-cr extortion case
3 months, 3 weeks ago

Chandigarh: HC grants bail to dismissed SI in ₹1-cr extortion case

Hindustan Times  

The Punjab and Haryana high court has granted bail to dismissed sub-inspector Naveen Phogat, who has been in custody since November 2023 in connection with a ₹1-crore extortion case. The bail was granted by justice Manjari Nehru Kaul, who noted that the trial had not progressed significantly, with no prosecution witnesses examined thus far. Posted as additional station house officer …

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty
3 months, 3 weeks ago

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty

The Hindu  

The Bombay High Court on Tuesday urged lower courts to be prompt in resolving anticipatory bail applications to safeguard the liberty of citizens. The High Court expressed displeasure over the slow handling of a pre-arrest bail petition by a sessions court in Kalyan in Thane district of Maharashtra. A single Bench of Judge Sandeep V. Marne was hearing an appeal …

Supreme Court grants bail to BRS leader K. Kavitha in excise policy cases
3 months, 3 weeks ago

Supreme Court grants bail to BRS leader K. Kavitha in excise policy cases

The Hindu  

The Supreme Court on Tuesday ordered Bharat Rashtra Samithi leader K. Kavitha’s release on bail “forthwith” in the politically-charged Delhi liquor policy case, which saw high-profile arrests like that of Delhi Chief Minister Arvind Kejriwal just days ahead of the general election in 2024. The top court found it fantastic that the Delhi High Court had refused bail to Ms. …

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
3 months, 3 weeks ago

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC

New Indian Express  

MUMBAI: The Bombay High Court on Tuesday said when the question of liberty of a citizen is involved, it is necessary that the lower courts take up and decide applications seeking anticipatory bail either finally or at least for grant of interim protection in an expeditious manner. If the lower courts do not decide such matters, then the high court …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
3 months, 4 weeks ago

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order

Live Law  

The Orissa High Court has denied bail to a person, accused of committing economic offences, for misleading the Court with regard to an order passed by the Supreme Court so as to obtain an adjournment and by playing such fraud, to extend the period of liberty. The top Court stayed the order of the High Court and exempted the petitioner …

Allahabad HC relief to SP MLA in 2021 criminal case
4 months, 1 week ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after …

Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage
4 months, 2 weeks ago

Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage

The Hindu  

The Supreme Court judgment granting bail to former Deputy Chief Minister of Delhi, Manish Sisodia, revived a well-settled but endangered principle that ‘jail and not bail is the exception’, even in economic offence cases. Viswanathan did not mince words while saying that High Courts and trial courts nowadays prefer to “play safe” and deny bail even if the case is …

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail
4 months, 2 weeks 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 …

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 …

'Deposit ₹25K With UP Gau Sewa Ayog': Allahabad HC Imposes Bail Condition On 4 Men Allegedly Arrested With 70KG Cow Beef
5 months ago

'Deposit ₹25K With UP Gau Sewa Ayog': Allahabad HC Imposes Bail Condition On 4 Men Allegedly Arrested With 70KG Cow Beef

Live Law  

The Allahabad High Court recently granted bail to 4 accused booked under the UP Prevention of Cow Slaughter Act while imposing a condition requiring each accused to deposit ₹25,000 with the Uttar Pradesh Gau Sewa Ayog.A bench of Justice Karunesh Singh Pawar imposed this condition earlier this month while granting bail to 4 accused booked. The Allahabad High Court recently …

Supreme Court Questions High Court's Order Deferring Release of Accused by 6 Months Despite Granting Bail
5 months, 1 week ago

Supreme Court Questions High Court's Order Deferring Release of Accused by 6 Months Despite Granting Bail

Live Law  

The Supreme Court on Friday raised concerns over a "strange" order by the Patna High Court that granted bail to an accused in a murder case but directed his release only after six months, without providing any reason for this condition. A bench of Justice Abhay Oka and Justice Ujjal Bhyan granted interim bail to the accused, one Jitendra Paswan, …

While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC
5 months, 1 week ago

While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC

Live Law  

In a significant order, the Goa bench of the Bombay High Court on Tuesday held that a trial court while granting bail does not have any power to direct a person/accused to apply for a passport, obtain it and then surrender it to avail bail. Single-judge Justice Bharat Deshpande quashed and set aside such an "unusual" condition imposed by a …

ED Moves Supreme Court Against Bail Granted To Hemant Soren In Money Laundering Case
5 months, 2 weeks ago

ED Moves Supreme Court Against Bail Granted To Hemant Soren In Money Laundering Case

Live Law  

In a recent development, Enforcement Directorate has approached the Supreme Court challenging the Jharkhand High Court order vide which bail was granted to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam.It may be recalled that Soren, who was arrested on January 31 this year, is being investigated for money laundering charges in …

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 …

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC
6 months, 3 weeks ago

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC

Live Law  

Finding that the accused had suppressed the material facts & evidence against her and has committed an act of misrepresentation for getting the order of bail, when the 'evidence of last seen' was there against her along with other co-accused persons, the Rajasthan High Court held that the accused has deliberately attempted to pollute the stream of justice and has …

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

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

Live Law  

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

Voting for relief: On interim bails and elections
7 months, 1 week ago

Voting for relief: On interim bails and elections

The Hindu  

In granting interim bail to Delhi Chief Minister Arvind Kejriwal, the Supreme Court of India has reversed a development that upset the level playing field for the ongoing general election. But the arrest of a serving Chief Minister and a key figure in the Opposition, when the election process was already on, sent shock waves among regional parties. In Mr. …

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 …

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
7 months, 2 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 …

Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC
7 months, 4 weeks ago

Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC

Live Law  

In a one-of-a-kind order, the Patna High Court has directed two judicial officers of the state to pay compensation of ₹100 each to a man subjected to an unjustifiable trial under Section 498A of the Indian Penal Code. The Court added that the amount of compensation was being fixed as a “token” to remind the concerned Judicial Officers that before …

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