Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court
3 weeks ago

Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court held that a prima facie opinion at the bail application stage would not impact the investigation and trial. Court stated, “A finding of a prima facie case at the bail application stage is not binding to the trial court at the time of final disposal of that case. Therefore, simply because a prima facie opinion is arrived at by the bail court while deciding a bail application, it is not binding on the trial court at the time of the final hearing, nor it is binding on the Investigating Officer, debarring the collection of further evidence.” In this case, the Petitioner who was in judicial custody for allegedly committing offences punishable under the NDPS Act approached the High Court for bail. It stated that the Court has a duty to consider the points raised by the accused and such consideration would only amount to a prima facie opinion at the bail application stage.

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History of this topic

Investigating Officer Must Be Given 'Free-Hand' While Probing Case Involving Serious Allegations: Andhra Pradesh High Court
1 week, 4 days ago

Investigating Officer Must Be Given 'Free-Hand' While Probing Case Involving Serious Allegations: Andhra Pradesh High Court

Live Law  

The High Court of Andhra Pradesh has held that in a case containing serious allegations, the Investigating Officer deserves a free hand to take the investigation to its logical conclusion. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail.” The Court was hearing an anticipatory bail …

In India, Far More Demand For Government Jobs Than Available Posts; Absolute Scruplousness Necessary In Selection Process: Supreme Court
1 week, 5 days ago

In India, Far More Demand For Government Jobs Than Available Posts; Absolute Scruplousness Necessary In Selection Process: Supreme Court

Live Law  

"In India, the reality is that there are far more takers of Government jobs than there are jobs available," observed the Supreme Court recently while setting aside the bail granted to the accused in case over the use of a "dummy candidate" in a Civil Engineer Competitive Examination.A bench comprising Justice Sanjay Karol and Justice Ahsanudding Amanullah allowed the appeal …

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
2 weeks, 3 days ago

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences

Live Law  

In a recent case of 'X v. State of Rajasthan,' the Supreme Court observed that courts should refrain from entertaining bail applications in serious offences such as rape, murder, dacoity once the trial has commenced. Relying on an earlier order granting bail to a co-accused as well as noting certain discrepancies in the prosecutrix's statement recorded under Section 164 of …

Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case, Says Bail Will Be Cancelled If Similar Offence Is Committed
2 months, 1 week ago

Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case, Says Bail Will Be Cancelled If Similar Offence Is Committed

Live Law  

The Kerala High Court on Tuesday granted bail to Boby Chemmanur in the sexual harassment case filed by a Malayalam Movie actress. The Court followed the Supreme Court judgment in Arnesh Kumar v State of Bihar which said that bail shall be granted if the maximum sentence for the offence is less than 7 year. The Court had said that …

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
3 months, 2 weeks ago

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court

Live Law  

The Supreme Court has observed that in serious offences like murder, rape, dacoity etc., bail applications of the accused should not be ordinarily entertained by the Trial Courts and the High Courts. "Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or …

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl
4 months ago

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl

Live Law  

The Kerala High Court has dismissed the bail application of a police officer who is accused of raping a 14-year-old minor girl who is stated to be a member of the scheduled caste. Justice K Babu observed that Courts must not lightly entertain bail applications when "serious offences" are alleged and a "prima facie case" is made out. Ultimately, it …

Prima Facie Case Alone Insufficient to Appoint Court Receiver; Compelling Reasons Required : Supreme Court
4 months ago

Prima Facie Case Alone Insufficient to Appoint Court Receiver; Compelling Reasons Required : Supreme Court

Live Law  

The Supreme Court recently observed that expressions like "prima facie case" or "conduct" alone are insufficient to justify the appointment of a Court Receiver. The Court emphasized that a compelling reason must be provided, demonstrating how the property would deteriorate without the Receiver's intervention.The appellant contested the High Court's decision to appoint a court receiver for. The bench comprising Justice …

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea
7 months, 1 week ago

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea

Live Law  

The Delhi High Court on Monday granted interim protection from arrest till August 21 to former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022.Justice Subramonium Prasad issued notice on Khedkar's anticipatory bail plea and sought response of Delhi. The Delhi High Court on …

Ruling on Sisodia calls for judicial reforms in bail process
7 months, 1 week ago

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

New Delhi The Supreme Court verdict granting bail to former Delhi deputy chief minister Manish Sisodia in connection with the Delhi excise policy case marks a critical precedent, particularly in high-profile cases where gravity of charges and prolonged incarceration has been used as tools to deny individuals their right to liberty. The court observed that in many instances, both trial …

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
8 months, 1 week ago

Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court

Live Law  

Recently, the Supreme Court observed that where an order of bail does not furnish reasons behind the decision taken, there is a presumption of the non-application of mind. "Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of this …

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

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
1 year, 1 month ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused
1 year, 6 months ago

Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused

Live Law  

The Delhi High Court has directed its Registrar to seek an explanation from a trial court judge for passing a “non-reasoned” order granting bail to a POCSO accused. “The Registrar of this Court is directed to seek explanation on the administrative side from the concerned Judge, as to the reasons for passing the non-reasoned impugned order, report whereof shall. “The …

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court
1 year, 7 months ago

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court

Live Law  

The Delhi High Court has said that the trial court is required to give a prima facie view stating that on what basis charges have been framed against an accused under the Juvenile Justice Act. However, the court is required to give prima facie view that on what basis the charges were framed,” Justice Dinesh. However, the court is required …

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court
1 year, 9 months ago

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court

Live Law  

The Kerala High Court recently dismissed the anticipatory bail application filed by a father accused of sexually abusing his minor daughter.A single bench of Justice Ziyad Rahman observed that as per Section 438 of the Criminal Procedure Code, there is a specific bar against entertaining an application for anticipatory bail where offences Section 376 or section 376AB or section 376DA. …

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court
1 year, 9 months ago

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court

Live Law  

The Kerala High Court recently held that a person who was granted interim bail after executing the bail bond cannot rely on the interim bail order to submit that the main bail application has become infructuous. The Court held that as a consequence of the main application being dismissed as not pressed, the interim order granting bail to the petitioner …

Prosecution Can’t Only Recite From Complaint To Oppose Bail In Cases With Additional Conditions For Bail: Delhi High Court
1 year, 10 months ago

Prosecution Can’t Only Recite From Complaint To Oppose Bail In Cases With Additional Conditions For Bail: Delhi High Court

Live Law  

The Delhi High Court has observed that the prosecution cannot only recite from a complaint or simply say that it has material against an accused in respect of those offences for which twin conditions are stipulated in a statute for grant of bail. Justice Anup Jairam Bhambhani said that the prosecution must show how the material collected during investigation supports …

No Bail In Attempt To Murder Case On Settlement If Witnesses Support Prosecution Case: Kerala High Court
1 year, 10 months ago

No Bail In Attempt To Murder Case On Settlement If Witnesses Support Prosecution Case: Kerala High Court

Live Law  

The Kerala High Court recently held that mere settlement of an attempt to murder case between the parties by itself could not be a ground for granting bail to an accused. Merely because the injured persons submitted that they have settled the matter, that by itself is not a reason to grant bail to the accused in a crime involving …

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court
1 year, 11 months ago

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court

Live Law  

The Kerala High Court recently held that before initiating prosecution for perjury, the court must be convinced that it is expedient in the interest of justice to enquire into the offence. Sudha observed that : “in order to initiate prosecution for perjury, the Court must prima facie reach a conclusion that there has been a deliberate and conscious effort to …

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court
2 years, 1 month ago

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court

Live Law  

The Kerala High Court recently refused to quash an FIR against a man accused of attempt to murder under Section 307 of the Indian Penal Code, 1860 despite the dispute being settled between the accused and the de facto complainant. The first petition was for quashing the FIR filed against him and the second petition was to quash the order …

[Unlawful Assembly] Individual Role Of Each Accused Cannot Be Considered While Deciding Bail Application: Karnataka High Court
2 years, 2 months ago

[Unlawful Assembly] Individual Role Of Each Accused Cannot Be Considered While Deciding Bail Application: Karnataka High Court

Live Law  

The Karnataka High Court has observed that individual role of accused cannot be considered while deciding on bail application filed by a murder accused who was part of an unlawful assembly and who allegedly committed the offence in pursuance of a common object. In the case on hand, it has to be noted that CW19 eye-witness when he tried to …

Not A 'Show Of Affection By An Uncle': Supreme Court Sets Aside Anticipatory Bail Granted By Kerala HC To POCSO Accused
2 years, 4 months ago

Not A 'Show Of Affection By An Uncle': Supreme Court Sets Aside Anticipatory Bail Granted By Kerala HC To POCSO Accused

Live Law  

The Supreme Court said that it is really disturbed with some observations made by Kerala High Court in an order granting bail to a man accused of sexually assaulting his minor neice.The Apex Court bench was referring to these observations made by the Kerala High Court : "Though on the one side, there is a possibility of such hugs and …

Accused Can't Ordinarily Move Quashing Plea If Sessions Court Granted Pre-Arrest Bail On Condition To Cooperate In Criminal Investigation: Karnataka HC
2 years, 6 months ago

Accused Can't Ordinarily Move Quashing Plea If Sessions Court Granted Pre-Arrest Bail On Condition To Cooperate In Criminal Investigation: Karnataka HC

Live Law  

The Karnataka High Court has said that an accused who has secured anticipatory bail orders at the hands of jurisdictional Sessions Judge, wherein a condition is stipulated for the accused to cooperate in the investigation process, cannot readily approach the High Court seeking quashing of the criminal proceedings. A single judge bench of Justice Krishna S Dixit while dismissing two …

Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court
2 years, 7 months ago

Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that even if prima facie case is established against an accused, the approach of the court in granting bail should be that the accused should not be detained by way of punishment as pre-trial punishment as the same clearly falls foul of the principles of criminal jurisprudence. Elaborating on the …

Out of bounds: The Hindu Editorial on the Supreme Court’s stand on bail conditions
2 years, 7 months ago

Out of bounds: The Hindu Editorial on the Supreme Court’s stand on bail conditions

The Hindu  

The Supreme Court has struck the right note by voicing its stern disapproval of the tendency among some courts to impose unusual conditions for bail. In the case of Samajwadi Party leader Azam Khan, the Allahabad High Court had granted interim bail in a ‘land-grabbing’ case, but made regular bail contingent on his fully cooperating with the measuring, walling and …

Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court
2 years, 8 months ago

Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court

Live Law  

The Supreme Court observed that statements made under Section 161 of Code of Criminal Procedure are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence. "Ex facie, the allegations are grave, and it cannot be said that there are no materials on record at all", the bench …

Inquiry In Anticipatory Bail Applications Must Be Limited To Applicant's Case, Can't Be Directed Against Third Parties : Supreme Court
2 years, 8 months ago

Inquiry In Anticipatory Bail Applications Must Be Limited To Applicant's Case, Can't Be Directed Against Third Parties : Supreme Court

Live Law  

The Supreme Court, on Thursday, held that it is not open for High Courts to implead third parties in exercise of powers under Section 438 of the Code of Criminal Procedure, the provision that deals with anticipatory bail. In a plea assailing interim orders of the Patna High Court which had issued notice seeking appearance of Sahara Chief Subrata Roy …

Kerala high court: Bail plea of forensic expert in Dileep case is not maintainable
3 years ago

Kerala high court: Bail plea of forensic expert in Dileep case is not maintainable

Hindustan Times  

The Kerala high court on Tuesday said that the anticipatory bail plea moved by a forensic expert fearing arrest in a murder conspiracy case, in which actor Dileep is an accused, was not maintainable as on date as he has only been summoned as a witness by the police. The Kerala high court also noted that according to the police, …

Court Deciding Bail Application Cannot Completely Divorce Its Decision From Material Aspects Of The Case: Supreme Court
3 years ago

Court Deciding Bail Application Cannot Completely Divorce Its Decision From Material Aspects Of The Case: Supreme Court

Live Law  

The Supreme Court reiterated that a Court deciding a bail application cannot completely divorce its decision from material aspects of the case.The material aspects includes the following: allegations made against the accused; severity of the punishment if the allegations are proved beyond reasonable doubt which would result in a conviction;. The material aspects includes the following: allegations made against the …

Concocted Efforts To Frame Dileep, Prosecution Not Bothered About Offence But The Offender: Arguments For Pre-Arrest Bail In Kerala High Court
3 years, 1 month ago

Concocted Efforts To Frame Dileep, Prosecution Not Bothered About Offence But The Offender: Arguments For Pre-Arrest Bail In Kerala High Court

Live Law  

The Kerala High Court on Thursday heard the anticipatory bail plea moved by actor Dileep and other accused in the alleged criminal conspiracy to kill police officers investigating the sensational 2017 sexual assault case. Dileep is concurrently facing trial as the alleged mastermind of the abduction and the sexual assault of a female actress in a moving car in 2017 …

'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC
3 years, 1 month ago

'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC

Live Law  

The Delhi High Court recently dismissed a Revision Petition filed against an order of the Additional Sessions Judge framing the charge of murder against the accused-revisionist. Justice Rajnish Bhatnagar held: "When the material placed before the Court discloses great suspicion against the accused which has not been properly explained, the Court will be justified in framing charge. Aggrieved, the Accused …

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail
3 years, 2 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail

Live Law  

If the role attributed to the accused in an offence is prima facie less serious than the role attributed to the co-accused who have been granted the benefit of bail under S.438 CrPC and under S.439 CrPC, and if the accused is a first-time offender, then he deserves an opportunity to course-correct and the opportunity of bail cannot be denied …

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation
3 years, 4 months ago

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation

Live Law  

The Delhi High Court has stayed an order passed by a Sessions Court in bail proceedings, wherein it had pulled up an Investigating Officer of the Delhi Police for conducting perfunctory investigation in connection with a dowry death case.Justice Chandra Dhari Singh observed,"it is a settled position of law that the lower courts are not akin to constitutional courts. The …

Seriousness & Gravity Of Crime Relevant Considerations For Grant Of Bail : Supreme Court
3 years, 4 months ago

Seriousness & Gravity Of Crime Relevant Considerations For Grant Of Bail : Supreme Court

Live Law  

The Supreme Court has aside an order of the Rajasthan High Court by which it granted bail to an accused for murder of the village sarpanch, after noting that the High Court did not consider the relevant considerations of seriousness and gravity of the crime and the specific role attributed to the accused. Challenging the High Court order, Advocate Namit …

UAPA - If Chargesheet Does Not Reveal Prima Facie Case, Embargo For Bail Under Sec 43D(5) Won't Apply : Supreme Court
3 years, 4 months ago

UAPA - If Chargesheet Does Not Reveal Prima Facie Case, Embargo For Bail Under Sec 43D(5) Won't Apply : Supreme Court

Live Law  

The Supreme Court has held that the embargo for grant of bail under Section 43D of the Unlawful Activities Prevention Act will not be attracted if the chargesheet does not reveal a prima facie case. The Supreme Court has held that the embargo for grant of bail under Section 43D of the Unlawful Activities Prevention Act will not be attracted …

Role Attached To Accused Has To Be Considered While Deciding Bail Plea Citing Parity: Supreme Court
3 years, 5 months ago

Role Attached To Accused Has To Be Considered While Deciding Bail Plea Citing Parity: Supreme Court

Live Law  

The Supreme Court observed that the role attached to the accused has to be considered while deciding the plea seeking bail on the ground of parity.The seriousness and gravity of the crime alleged has to be considered while granting bail to the accused, the bench of Justices DY Chandrachud and BV Nagarathna reiterated while setting aside a bail grant to …

In Bail Plea, Supreme Court Issues Notice To State To Consider Further Investigation By Independent Agency
3 years, 7 months ago

In Bail Plea, Supreme Court Issues Notice To State To Consider Further Investigation By Independent Agency

Live Law  

In an unexpected turn of events in a bail hearing, the Supreme Court observed that the matter needs to be investigated further by an independent Investigating Agency.The bench comprising Chief Justice of India NV Ramana and Justice Surya Kant initially expressed disinclination to grant bail and advised the counsel to withdraw the petition. The bench comprising Chief Justice of India …

[Periya Double Murder Case] Kerala High Court Dismisses Second Bail Plea Of Accused; Directs CBI To Complete Investigation In 4 Months
3 years, 7 months ago

[Periya Double Murder Case] Kerala High Court Dismisses Second Bail Plea Of Accused; Directs CBI To Complete Investigation In 4 Months

Live Law  

The Kerala High Court on Wednesday directed the Central Bureau of Investigation to wind up the investigation within 4 months in the Periya twin murder case where two activists were hacked to death in 2019.Justice R. Narayana Pisharadi issued this direction while dismissing the second bail application filed by one of the accused in the matter. The Kerala High Court …

No Discussion Or Analysis: Supreme Court Sets Aside HC Order Granting Bail To Murder Accused
3 years, 7 months ago

No Discussion Or Analysis: Supreme Court Sets Aside HC Order Granting Bail To Murder Accused

Live Law  

There is no discussion or analysis of circumstances at all, the Supreme Court observed while setting aside a High Court order granting bail to murder accused.The bench comprising Justices DY Chandrachud and MR Shah observed that in a case where an earlier application for bail has been rejected, there is a higher burden on the appellate court to furnish specific …

Liberty Is Important But Courts Must Consider Potential Threat To Witnesses, Victims While Granting Bail : Supreme Court
3 years, 10 months ago

Liberty Is Important But Courts Must Consider Potential Threat To Witnesses, Victims While Granting Bail : Supreme Court

Live Law  

The Supreme Court has reiterated that it is necessary for courts to consider the impact on the witnesses or victims in a criminal case while granting bail to an accused.Observing thus, the Supreme Court set aside an order of the Allahabad High Court which granted bail to an accused who was arrested under the U.P. The Supreme Court has reiterated …

Seriousness Of Charge Relevant Factor: Supreme Court Sets Aside Bail Granted To Man Accused Of Murdering Lady Doctor
3 years, 11 months ago

Seriousness Of Charge Relevant Factor: Supreme Court Sets Aside Bail Granted To Man Accused Of Murdering Lady Doctor

Live Law  

The Supreme Court set aside the Kerala High Court order which granting bail to a man accused murder of a lady doctor.The bench comprising Justices Indira Banerjee and Krishna Murari observed that seriousness of the charge is one of the relevant considerations while considering bail applications.According to the prosecution case, the accused, Mahesh on 28th September 2020 at about 3.30. …

Court Cannot Appreciate Evidence While Deciding Bail Application: Jammu & Kashmir High Court
4 years ago

Court Cannot Appreciate Evidence While Deciding Bail Application: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir High Court has held that a Court, while hearing application for bail, cannot appreciate the evidence that has been collected the prosecution against the accused. A Single Bench of Justice Puneet Gupta observed, "The court has been called upon to assess and appreciate the different angles of the prosecution case set up against the accused as …

Trial Judges Do Not Have Absolute Discretion To Prune Or Reject List Of Witnesses Submitted By Accused: Kerala High Court
4 years, 2 months ago

Trial Judges Do Not Have Absolute Discretion To Prune Or Reject List Of Witnesses Submitted By Accused: Kerala High Court

Live Law  

The trial Judges do not have absolute discretion to prune or reject the list of witnesses submitted by the accused, the Kerala High Court observed in a judgment delivered on Monday.Justice VG Arun observed that the trial court is empowered to interfere with only when the court is convinced that the application seeking issuance of summons is submitted for the …

No prima facie case against Arnab Goswami in abetment to suicide case, says Supreme Court
4 years, 3 months ago

No prima facie case against Arnab Goswami in abetment to suicide case, says Supreme Court

Hindustan Times  

The interim bail granted by Supreme Court to journalist Arnab Goswami in a two-year-old abetment to suicide case of a businessman will remain in force for a period of four weeks even after the Bombay high court decides on his plea for quashing of FIR. The court said the interim bail will remain in force till Bombay HC decides the …

Public Prosecutor's Statement Cannot Be Said To Be Strictly Correct: SC Grants Bail To Accused Under Stringent Anti-Terror UAPA [Read Order]
4 years, 5 months ago

Public Prosecutor's Statement Cannot Be Said To Be Strictly Correct: SC Grants Bail To Accused Under Stringent Anti-Terror UAPA [Read Order]

Live Law  

The Supreme Court on Wednesday allowed the special leave petition of a Jodhpur-resident facing trial under the Unlawful Activities Act 1967, allegedly for facilitating the escape of a terror suspect. The Bench of Justices RF Nariman, Navin Sinha and KM Joseph enlarged the accused on bail, while holding that the Rajasthan High Court had erred in relying on the public …

[NDPS] Anticipatory Bail Cannot Be Granted Merely Because 'Nothing Was Recovered' From Accused: Kerala HC [Read Judgment]
4 years, 7 months ago

[NDPS] Anticipatory Bail Cannot Be Granted Merely Because 'Nothing Was Recovered' From Accused: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that anticipatory bail cannot be granted in an NDPS case merely because 'nothing was recovered' from the accused.To allow an anticipatory bail petition filed by a person accused under under Sections 22, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the Sessions Court noted that 'nothing was recovered' from him …

Gravity Of Offence Not Decisive Ground to Deny Bail : Karnataka HC [Read Order]
5 years, 4 months ago

Gravity Of Offence Not Decisive Ground to Deny Bail : Karnataka HC [Read Order]

Live Law  

Karnataka High Court while granting bail to an accused charged of kidnapping and rape of a minor girl, who later committed suicide, said "Gravity alone cannot be a decisive ground to deny bail, rather competing factors are to be balanced by the court while exercising its jurisdiction." Justice Ashok G Nijagganavar while granting bail to Santosh Danakankeri said that "Object …

'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]
5 years, 4 months ago

'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Friday reiterated that a magistrate is obligated to mention his satisfaction as to the existence of a prima facie case, for summoning an accused. It said, "Learned Magistrate was required to atleast mention in the order about the prima facie satisfaction for summoning the accused. These words suggest that the Magistrate has to apply his …

Bail Cannot Be Granted Without Assigning Reasons, Reiterates SC [Read Judgment]
5 years, 7 months ago

Bail Cannot Be Granted Without Assigning Reasons, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that bail cannot be granted without assigning any reason as to on what grounds, even though of a prima facie nature, it is considered just and proper to grant bail. While setting aside an Allahabad High Court order that granted bail in a murder case, the bench comprising Justice Abhay Manohar Sapre and Justice Indu …

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