Pre-Trial Incarceration Cannot Be Ordered As Matter Of Rule: Himachal Pradesh High Court Grants Bail To Rape Accused
2 years, 6 months ago

Pre-Trial Incarceration Cannot Be Ordered As Matter Of Rule: Himachal Pradesh High Court Grants Bail To Rape Accused

Live Law  

The Himachal Pradesh High Court recently, while granting bail to a rape-accused, observed that pre-trial incarceration cannot be ordered as matter of rule. The observation was given by Justice Satyen Vaidya: "The bail application has been opposed on the ground that the petitioner is required for custodial interrogation. The bail application was opposed on the ground that the custodial interrogation of the petitioner is required and further that in case of release of petitioner on bail, he may overawe the prosecution witnesses including the prosecutrix. The Court noted observed that the preliminary investigation in the case was already complete and thus, no fruitful purpose shall be served by allowing the petitioner to be kept in custody.

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History of this topic

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape
2 weeks, 1 day ago

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape

Live Law  

The Himachal Pradesh High Court has confirmed a pre-arrest bail of a rape accused, considering factors including that the prosecutrix refused to undergo medico-legal examination. Justice Virender Singh noted that, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix …

Karnataka HC quashes trial court order against Yediyurappa in POCSO case; grants anticipatory bail
1 month, 2 weeks ago

Karnataka HC quashes trial court order against Yediyurappa in POCSO case; grants anticipatory bail

New Indian Express  

BENGALURU: The Karnataka High Court on Friday quashed the order passed by the trial court taking cognisance of the offences against former Chief Minister and BJP leader BS Yediyurappa under the provisions of the Protection of Children from Sexual Offences Act, 2012 and IPC, for his alleged sexual assault on a minor girl. Noting that the crime, investigation and the …

Mere Passing Of Detention Order Against An Individual Cannot Be A Bar For Deciding His Bail Application: Madras High Court
2 months ago

Mere Passing Of Detention Order Against An Individual Cannot Be A Bar For Deciding His Bail Application: Madras High Court

Live Law  

The Madras High Court has held that passing of a detention order against an individual cannot be a bar on the Court to decide such person's bail application. However, noting that the detention order could not be a bar, the court said that the bail order would stand and gave liberty to the man to work out his remedy against …

Kerala HC grants anticipatory bail to man booked under SC
2 months, 1 week ago

Kerala HC grants anticipatory bail to man booked under SC

Op India  

The Malayalam expression “pulayadi mone,” which translates as “son of a prostitute,” is not considered a casteist slur that carries criminal penalties under the Scheduled Castes & Scheduled Tribes Act, 1989. The investigation also asserted that the offence under Section 3 had been committed, however, the bench countered that a violation under Section 3 of the Act would specify the …

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

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
3 months, 1 week ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

Andhra Pradesh High Court grants bail to main accused in Kadambari Jethwani’s ‘illegal arrest’ case
3 months, 2 weeks ago

Andhra Pradesh High Court grants bail to main accused in Kadambari Jethwani’s ‘illegal arrest’ case

The Hindu  

The Andhra Pradesh High Court on Monday granted bail to Kukkala Vidyasagar, accused of getting a false case registered against actor Kadambari Jethwani on charges of forgery and extortion earlier this year with the help of a few police officers. 1 in the First Information Report registered by the Vijayawada City Police on the basis of a complaint registered by …

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

Kerala High Court denies bail to cop accused of raping minor Dalit girl
4 months ago

Kerala High Court denies bail to cop accused of raping minor Dalit girl

India Today  

The Kerala High Court denied bail to a police officer, accused of raping a 14-year-old school girl two years ago on Children’s Day, saying he committed a “heinous offence”. The judge, Justice K Babu, denied the bail petition of the officer, who at the time of the rape was a Student Police Cadet instructor at the victim’s school. In his …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 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 HC reserves order on Prajwal’s bail pleas
6 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 …

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
6 months, 2 weeks 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 …

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty
6 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 …

Court Cannot 'Stamp' Polygamous Relation Between Married Persons: P&H HC Declines To Accept Compromise Plea By Man Booked For Raping Live-In Partner
7 months, 1 week ago

Court Cannot 'Stamp' Polygamous Relation Between Married Persons: P&H HC Declines To Accept Compromise Plea By Man Booked For Raping Live-In Partner

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man accused of raping his live-in partner. Justice Harpreet Kaur Jeevan said, "The Court cannot stamp a live-in relationship inter se two married persons by granting them the concession of pre-arrest bail by way of accepting the present appeal. Polygamy is not permitted under the Hindu …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 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 …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
8 months ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC
9 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 …

Pre-Trial Detention May Cause Serious Stigma On Person's Character: Karnataka HC Grants Pre-Arrest Bail To National Hockey Player In POCSO Case
11 months ago

Pre-Trial Detention May Cause Serious Stigma On Person's Character: Karnataka HC Grants Pre-Arrest Bail To National Hockey Player In POCSO Case

Live Law  

The Karnataka High Court recently granted anticipatory bail to a national-level hockey player who is charged with offences punishable under Protection of Children From Sexual Offences Act, on the allegation of rape on false pretext of marriage. A single judge bench of Justice Rajendra Badamikar allowed the application filed by the accused and said, “Right of Freedom is a fundamental …

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court
11 months, 3 weeks ago

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court

Live Law  

The Supreme Court held that a stricter approach regarding bail will be adopted regarding cases of custodial torture where police officers are involved.“It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution of India to invalidate an order granting bail to an accused. The Supreme Court held that a …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 1 month ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts
1 year, 3 months ago

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts

Live Law  

The Supreme Court expressed concern at the High Courts not listing bail applications arising out of the same FIR before the same bench, despite repeated orders. The bench comprising Justices CT Ravikumar and Sanjay Kumar, in its order, stressed the need for listing bail applications pertaining to the same FIR before one single bench in order to avoid conflicting decisions, …

‘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, 5 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 …

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court
1 year, 6 months ago

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court

Live Law  

The Kerala High Court on Wednesday reiterated that Section 438 of the Code of Criminal Procedure does not create an absolute bar in the grant of anticipatory bail to an accused alleged of raping a minor girl when no prima facie materials exist warranting the arrest of the accused.Section 438 excludes the grant of pre-arrest bail to offences under Sections …

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 …

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order
1 year, 6 months ago

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order

Live Law  

In a recent order, the Supreme Court expressed surprise at an order passed by the Gujarat High Court granting bail to an accused in a murder case on the basis of a 'settlement' between him and the the original complainant. The Court raised questions about the appropriateness of allowing personal settlements in serious criminal cases of such magnitude and the …

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. …

Delhi High Court Grants Bail To Preeti Chandra In Money Laundering Case, Says Order Be Not Given Effect Till June 16 After ED Request
1 year, 9 months ago

Delhi High Court Grants Bail To Preeti Chandra In Money Laundering Case, Says Order Be Not Given Effect Till June 16 After ED Request

Live Law  

The Delhi High Court on Wednesday granted bail to Preeti Chandra, the wife of Unitech promoter Sanjay Chandra, in a money laundering case probed by Enforcement Directorate. As the court pronounced the order, ED Counsel Zoheb Hossain requested that the order may not be given effect to till June 16 as the agency has to challenge the same. At his …

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court
1 year, 9 months ago

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court

Live Law  

The Delhi High Court has ruled that the discretion of an applicant to choose either High Court or trial court for moving anticipatory bail plea cannot be restricted by construing section 438 of CrPC narrowly. Analyzing the provision, a vacation bench of Justice Chandra Dhari Singh said that there is no bar on approaching the High Court directly for seeking …

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court
1 year, 11 months ago

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court

Live Law  

The Himachal Pradesh High Court has recently ruled that the court cannot deny bail based solely on the seriousness of the accusations and potential punishment and other factors, such as the allegations against the accused and available evidence, must be considered and balanced while deciding the application for bail. Observing that though, at this stage, the Court will not minutely …

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail
2 years, 1 month ago

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail

Live Law  

The Supreme Court on Friday stayed an order issued by the Madhya Pradesh High Court, which had directed a trial court judge to provide justification for granting bail to an accused. While staying the order of the High Court, the bench opined that such orders of the High Court had the potential to undermine the independence of the district judiciary …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
2 years, 1 month ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

Custodial Interrogation Can’t Be Used To Extract Confession: Himachal Pradesh High Court
2 years, 2 months ago

Custodial Interrogation Can’t Be Used To Extract Confession: Himachal Pradesh High Court

Live Law  

While granting pre-arrest bail to an accused person, the Himachal Pradesh High Court recently said that custodial interrogation cannot be used to extract confession. Had the petitioner intended to misappropriate the amount by depositing the same to his account, he would not have remitted any amount to the account of the Petrol Station," said the court. Dealing with the contention …

Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court
2 years, 2 months ago

Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court

Live Law  

The Bombay High Court recently reiterated that the grounds on which bail was granted to an accused have to be considered by the detaining authority while deciding whether the accused needs to be preventively detained or not. APP S. S. Doifode for the State said that the detaining authority not only considered the three crimes but also additional material available …

'Trial At Fag End, Certain Answers Elicited': Karnataka HC Refuses Bail To Rape Accused On Ground That Complainant & Victim Turned Hostile
2 years, 3 months ago

'Trial At Fag End, Certain Answers Elicited': Karnataka HC Refuses Bail To Rape Accused On Ground That Complainant & Victim Turned Hostile

Live Law  

The Karnataka High Court has denied relief to a rape accused who sought bail on the ground that the trial against him is at the fag end and material witnesses including the victim and complainant have turned hostile. A single judge bench of Justice Mohammad Nawaz while dismissing the petition filed by one Suresh Dambal said, "When the trial is …

HP High Court Grants Bail To Murder Accused Lodged In Jail With Her Minor Son To Enable Him To Develop Acquaintances With Father
2 years, 4 months ago

HP High Court Grants Bail To Murder Accused Lodged In Jail With Her Minor Son To Enable Him To Develop Acquaintances With Father

Live Law  

The Himachal Pradesh High Court on Wednesday granted bail to a murder accused who has been lodged in jail with her minor son for more than 3 years, so as to enable the child to develop acquaintances with other family members, especially his father.Significantly, the Court opined that even if it is presumed that the mother of the child has …

'Rape victim minor but capable of understanding consequences of her act': Bombay HC grants bail to accused
2 years, 4 months ago

'Rape victim minor but capable of understanding consequences of her act': Bombay HC grants bail to accused

India Today  

The Bombay High Court has granted bail to a 21-year-old man who was accused of raping a 15-year-old girl last year in Mumbai. CASE BACKGROUND A case under relevant provisions of the Indian Penal Code and Protection of Children from Sexual Offences Act was lodged against the accused on April 29, 2021 by the victim's mother. READ | Bombay HC …

'Need Of Custodial Trial' Is Not A Relevant Aspect While Considering A Bail Application U/Section 439 CrPC : Supreme Court
2 years, 4 months ago

'Need Of Custodial Trial' Is Not A Relevant Aspect While Considering A Bail Application U/Section 439 CrPC : Supreme Court

Live Law  

Setting aside a bail granted to a rape accused, the Supreme Court observed that the 'need of custodial trial' is not a relevant aspect while considering a bail application under Section 439 Cr.P.C.The relevant aspects which are required to be kept in mind while considering the bail application are seriousness of the offence alleged; material collected during the. Setting aside …

Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court
2 years, 4 months ago

Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court

Live Law  

The Supreme Court observed that cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bail. Ordinarily, unless a strong case based on any supervening event is made out, an order granting bail is not to be lightly interfered with under Section 439 CrPC.If the Trial Court was satisfied that the …

Bail Application Must Be Decided Expeditiously And Not To Be Posted In 'Due Course Of Time': Supreme Court
2 years, 6 months ago

Bail Application Must Be Decided Expeditiously And Not To Be Posted In 'Due Course Of Time': Supreme Court

Live Law  

The Supreme Court reiterated that bail applications must be decided as expeditiously as possible and not to be posted in due course of time.The bench comprising Justices Ajay Rastogi and BV Nagarathna observed thus while considering a Special Leave Petition against an order passed by Chhattisgarh High Court dismissing an interim relief prayed in an anticipatory bail application. The Supreme …

Bail Can't Be Denied By Ignoring Basic Tenets Of Criminal Jurisprudence Merely Because Accused Was Earlier Released On Bail By Incompetent Court: Kerala HC
2 years, 6 months ago

Bail Can't Be Denied By Ignoring Basic Tenets Of Criminal Jurisprudence Merely Because Accused Was Earlier Released On Bail By Incompetent Court: Kerala HC

Live Law  

The Kerala High Court on Wednesday granted bail to a man accused of smothering and electrocuting his wife to death with an observation that merely because he was earlier released on bail by a court of incompetent jurisdiction would not be a reason keep him in custody, ignoring the basic tenets of criminal jurisprudence that an accused is presumed to …

POCSO Act Does Not Impose Any Special Prohibition On Grant Of Bail: Himachal Pradesh High Court
2 years, 7 months ago

POCSO Act Does Not Impose Any Special Prohibition On Grant Of Bail: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently observed that the POCSO Act, which punishes sexual interactions with minors, does not impose any special prohibition for grant of bail. Justice Satyen Vaidya remarked: "POCSO Act does not impose any special prohibition for grant of bail in offence committed under the Act. In this background, the High Court noted that though the Supreme …

Explained | What are the latest guidelines on arrests and bail orders?
2 years, 8 months ago

Explained | What are the latest guidelines on arrests and bail orders?

The Hindu  

The story so far: On July 11, a division bench of the Supreme Court of India in Satender Kumar Antil vs CBI laid down fresh guidelines on arrests in order to have strict compliance with the provisions of Section 41 and 41A of the Code of Criminal Procedure, 1973. The Court in the present case has also emphasised upon separate …

Kerala High Court Grants Anticipatory Bail To Actor-Producer Vijay Babu In Rape Case Subject To Conditions
2 years, 9 months ago

Kerala High Court Grants Anticipatory Bail To Actor-Producer Vijay Babu In Rape Case Subject To Conditions

Live Law  

The Kerala High Court on Wednesday granted pre-arrest bail subject to conditions to Malayalam actor-producer Vijay Babu's plea in the case where an actress accused him of sexually exploiting her.Justice Bechu Kurian Thomas allowed the anticipatory bail plea with a condition that limited custody of the actor shall be available to the investigating officer. The Kerala High Court on Wednesday …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 9 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

Punjab & Haryana High Court Refuses Bail On Ground Of Compromise, Says Complainant May Be Influenced By Co-Accused Who Are Yet To Be Arrested
2 years, 9 months ago

Punjab & Haryana High Court Refuses Bail On Ground Of Compromise, Says Complainant May Be Influenced By Co-Accused Who Are Yet To Be Arrested

Live Law  

The Punjab and Haryana High Court, while dealing with a petition seeking regular bail of the accused in FIR relating to physical abuse and abduction of complainant's brother, who later committed suicide, held that the compromise cannot be taken as a ground at this stage for grant of bail. The bench comprising Justice Avneesh Jhingan further held that the allegations …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 9 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

"Quite Unnatural That A Man Would Rape Daughter-In-Law Along With Someone In Indian Culture": Allahabad HC Grants Pre Arrest Bail
2 years, 9 months ago

"Quite Unnatural That A Man Would Rape Daughter-In-Law Along With Someone In Indian Culture": Allahabad HC Grants Pre Arrest Bail

Live Law  

The Allahabad High Court last week granted anticipatory bail to a man accused of raping his daughter-in-law as the Court noted that it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with some other person in our Indian culture. ".considering that it is quite unnatural that a father-in-law shall commit rape of his own …

Gravity Can Only Beget Length of Sentence: Himachal Pradesh High Court Grants Bail In A Case For Misappropriation Of Government Scholarship Scheme Funds
2 years, 10 months ago

Gravity Can Only Beget Length of Sentence: Himachal Pradesh High Court Grants Bail In A Case For Misappropriation Of Government Scholarship Scheme Funds

Live Law  

The Himachal Pradesh High Court has recently held that even if there strong evidence about a socio-economic offence of serious magnitude, 'gravity can only beget length of the sentence' provided in law after the trial. Granting bail in a case of misappropriation of a government scholarship fund Justice Jyotsna Rewal Dua noted that, "Grant of bail cannot be thwarted merely …

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