'Bail Order To Be Given Effect Only If Applicant Tests Negative For Covid-19': Gujarat High Court Imposes Condition
3 years, 11 months ago

'Bail Order To Be Given Effect Only If Applicant Tests Negative For Covid-19': Gujarat High Court Imposes Condition

Live Law  

As a measure of abundant caution and to prevent the spread of Covid-19 infection in the State, the Gujarat High Court has been directing that prisoners whose bail pleas are allowed, should be made to undergo the Covid-19 Test. "It is only in the even that applicant is tested negative, benefit of this order shall be given to him and he shall be released on temporary bail," the Court prescribed in at least seven bail orders. The Court ordered that before releasing the applicant on temporary bail, the jail authorities shall require the applicant to undergo COVID­19 test and only in case the test result returns negative, will the bail order be given effect. Significantly, the Gujarat High Court has taken note of the situation and has instituted suo moto proceedings to address the prevailing issues.

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History of this topic

Breaking | Gujarat High Court Extends Temporary Bail To Aasaram Bapu In Rape Case, Tie-Breaker Judge Finds Sufficient Medical Grounds
3 days, 20 hours ago

Breaking | Gujarat High Court Extends Temporary Bail To Aasaram Bapu In Rape Case, Tie-Breaker Judge Finds Sufficient Medical Grounds

Live Law  

The Gujarat High Court on Friday allowed three months temporary bail to Asaram Bapu who was convicted in a 2013 rape case by a sessions court in 2023 and is serving a life sentence.Justice AS Supehia– the third judge who heard Asaram's plea after a division bench earlier today delivered a split verdict, in his order said,"Thus on an overall …

Gujarat High Court Delivers Spilt Verdict On Temporary Bail Sought By Asaram Bapu In Rape Case
4 days, 2 hours ago

Gujarat High Court Delivers Spilt Verdict On Temporary Bail Sought By Asaram Bapu In Rape Case

Live Law  

The Gujarat High Court on Friday gave a spilt verdict on the temporary bail plea moved by Asaram Bapu who was convicted in a 2013 rape case by a sessions court in 2023 and is serving a life sentence. Notably, the Supreme Court had in January this year granted interim bail till March 31 to Asaram Bapu on medical grounds.When …

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration
4 weeks, 1 day ago

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration

Live Law  

The Gujarat High Court recently granted regular bail to a man booked in a case under the NDPS Act after observing that while the trial had not progressed substantially, the matter had been adjourned almost 78 times leading to “prolonged incarceration” and "blink hope of a speedy trial" in the case. In doing so the high court further noted that …

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined
4 weeks, 2 days ago

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

Live Law  

The Gujarat High Court recently granted regular bail to an man booked under NDPS Act, in view of long incarnation of three and a half years and after noting that out of 29 witnesses only two had been examined where the trial court had not give any time bound schedule of the examination of such witnessesJustice Gita Gopi in her …

Bombay High Court grants bail to 14 accused in Mira Road communal violence case
3 months, 3 weeks ago

Bombay High Court grants bail to 14 accused in Mira Road communal violence case

The Hindu  

The Bombay High Court has granted bail to 14 Muslim men arrested for their alleged involvement in the Mira Road communal violence this January. Noting that their further detention appeared ‘tenuous’, a Single Bench judge, Justice Nijamoodin J. Jamadar observed, “Prima facie, it appears that premeditation or a prior meeting of mind to attack the members of the convoy cannot …

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail
4 months, 2 weeks 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 …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months, 1 week 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.

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 …

'Approx 3000 Bail Pleas Disposed Within A Month': Gujarat High Court On Discontinuation Of Practice Of Issuing 'Rule Nisi'
1 year, 3 months ago

'Approx 3000 Bail Pleas Disposed Within A Month': Gujarat High Court On Discontinuation Of Practice Of Issuing 'Rule Nisi'

Live Law  

On Monday, the Gujarat High Court highlighted the positive outcomes resulting from the discontinuation of the practice of issuing 'Rule Nisi' and adjourning bail matters for extended periods. The court, presided over by Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, disclosed that this change has led to the expeditious disposal of approximately 3,000 bail applications within a month. This …

Supreme Court Confirms Order Granting Teesta Setalvad and Husband Interim Anticipatory Bail in Donations Embezzlement Case
1 year, 4 months ago

Supreme Court Confirms Order Granting Teesta Setalvad and Husband Interim Anticipatory Bail in Donations Embezzlement Case

Live Law  

The Supreme Court on Wednesday granted anticipatory bail to social activists Teesta Setalvad and her husband Javed Anand who are facing charges of embezzlement of funds raised to help and commemorate victims of the 2002 Gujarat riots, confirming an earlier order granting the duo interim protection from coercive action. A bench of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia, and Prashant …

‘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, 6 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 …

Gujarat jail fails to open bail order in email, keeps back man for 3 more years
1 year, 6 months ago

Gujarat jail fails to open bail order in email, keeps back man for 3 more years

India Today  

The Gujarat High Court has ordered the state government to grant Rs 1 lakh to a convict after he served three extra years in prison as the jail authorities said they could not open his bail order attachment sent along with an email. However, he continued to remain in jail till 2023, as the prison authorities claimed they could not …

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, 7 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 …

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court
1 year, 8 months ago

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court

Live Law  

The Supreme Court on Monday held that if a person is summoned under Section 69 of the CGST Act, 2017 for the purpose of recording of his/her statement, the provision of Section 438 of Criminal Procedure Code, 1973 cannot be invoked.A division bench of Justice J B Pardiwala and Justice Prashant Kumar Mishra observed: “Thus, the position of law is …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]
1 year, 8 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]

Live Law  

Q.21 Can anticipatory bail be granted to an accused when on similar allegations two other co-accused in the case had been granted similar relief? Q.23 If an accused who is on anticipatory bail surrenders before the competent Court and seeks regular bail, can he be treated as in “custody” obliging the Court to decide the application on merits? The accused …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I
2 years ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Live Law  

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh - JJ; Union of India v. Thamisharasi 4 SCC 190 = 1995 KC 1189 - J. S. Verma, Sujata V. Manohar – JJ; Uday Mohanlal Acharya v. State …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-V
2 years, 2 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-V

Live Law  

Q.21 “Even though the principles of res judicata are not applicable to bail applications, it would lead to bad precedent if bail applications are filed repeatedly or successively without there being any change of circumstances”. Those are the observations made by the Supreme Court in State of Tamil Nadu v. S.A. Raja AIR 2005 SC 4462 – K. G. Balakrishan, …

Gujarat Riots Case | High Court Extends Interim Bail Granted To Ex-DGP RB Sreekumar For 2 More Months
2 years, 4 months ago

Gujarat Riots Case | High Court Extends Interim Bail Granted To Ex-DGP RB Sreekumar For 2 More Months

Live Law  

The Gujarat High Court today ordered that its order granting interim bail, on September 29, to retired DGP RB Sreekumar, in connection with the Gujarat Riots Case, would continue for a further period of 2 months pending disposal of his regular bail plea by the High Court. Earlier, he was granted bail until November 25 pending disposal of his regular …

Special Court Likely to Pass Order on Ex-Maha Minister Anil Deshmukh's Bail Plea in Corruption Case
2 years, 5 months ago

Special Court Likely to Pass Order on Ex-Maha Minister Anil Deshmukh's Bail Plea in Corruption Case

News 18  

A special court here is likely to pass an order on Friday on the bail application of former Maharashtra home minister Anil Deshmukh in an alleged corruption and misuse of official position case being probed by the Central Bureau of Investigation. Deshmukh had sought bail in the case as soon as the Bombay High Court granted him bail on October …

Mumbai special CBI court reserves order on ex-Maha home minister Anil Deshmukh's bail plea
2 years, 5 months ago

Mumbai special CBI court reserves order on ex-Maha home minister Anil Deshmukh's bail plea

India Today  

The special CBI court in Mumbai has reserved its order on the bail application of former Maharashtra home minister Anil Deshmukh. After the Bombay High Court had granted him bail in the case registered by the Enforcement Directorate, Deshmukh had approached the CBI court for similar relief. READ | NCP leader Anil Deshmukh banking on bail in ED case to …

Plea Seeking Pre-Arrest Bail Not Money Recovery Proceedings: Supreme Court Sets Aside HC Bail Condition Of Depositing Rs 7.5 Lakhs
2 years, 5 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 …

Gujarat High Court Grants Interim Bail To RB Sreekumar Who Was Arrested Along With Teesta Setalvad
2 years, 6 months ago

Gujarat High Court Grants Interim Bail To RB Sreekumar Who Was Arrested Along With Teesta Setalvad

Live Law  

The Gujarat High Court on Wednesday granted interim bail to former Gujarat Director General of Police RB Sreekumar, who was arrested for allegedly fabricating evidence to implicate high functionaries in Gujarat riots larger conspiracy case.A single bench of Justice Ilesh J Vora granted interim bail till November 15. The Gujarat High Court on Wednesday granted interim bail to former Gujarat …

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates
2 years, 6 months ago

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates

Live Law  

The Gujarat High Court has reiterated that where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine, Police officers must not arrest accused unnecessarily and Magistrate must not authorise detention casually and mechanically. The Bench comprising Justice AC Joshi refused to …

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court
2 years, 7 months ago

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court

Live Law  

Punjab and Haryana High Court has reiterated that in terms of Section 437 of CrPC, bail ought to be granted where the trial in a case triable by Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence. The observation was made by Justice Jasjit Singh Bedi while dealing with a …

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court
2 years, 7 months ago

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be …

Gujarat court likely to pass order on bail pleas of Teesta Setalvad, Sreekumar today
2 years, 8 months ago

Gujarat court likely to pass order on bail pleas of Teesta Setalvad, Sreekumar today

Firstpost  

On Thursday, the court had deferred its order in the case till Friday, which it did for the second time this week. Ahmedabad: A sessions court in Ahmedabad is likely to pass its order on Friday on the bail applications of activist Teesta Setalvad and former DGP R B Sreekumar arrested for allegedly fabricating documents to frame innocent people in …

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 …

No Untoward Incident Has Occured: Gujarat High Court Dismisses Plea For Cancellation Of Bail Of Accused Under SC/ST Act
2 years, 10 months ago

No Untoward Incident Has Occured: Gujarat High Court Dismisses Plea For Cancellation Of Bail Of Accused Under SC/ST Act

Live Law  

Observing that no untoward incident has taken place since the persons accused under the Scheduled Castes and Scheduled Tribes Act, 1989 were released on bail, the Gujarat High Court has refused to entertain an application preferred by the complainant for cancellation of bail.Bench comprising Justice Ashutosh Shastri observed,"Trial is already set on motion and the. Observing that no untoward incident …

Assam: Court to pass order on Gujarat MLA Jignesh Mevani's bail plea today
2 years, 11 months ago

Assam: Court to pass order on Gujarat MLA Jignesh Mevani's bail plea today

India TV News  

Highlights A local court in Assam's Barpeta district to pass its order on Jignesh Mevani's bail plea on Apr 29 Mevani was remanded to five days of police custody in connection with an assault case After the hearing of the plea, the court had reserved the order on April 28 A local court in the Barpeta district of Assam will …

Supreme Court Grants Bail To Accused Suffering From HIV
2 years, 11 months ago

Supreme Court Grants Bail To Accused Suffering From HIV

Live Law  

Considering the peculiar circumstances of a case, the Supreme Court recently granted bail to an accused who was suffering from HIV and appeared to be immuno compromised. The bench of Justices SR Bhat and PS Narasimha granted bail in a SLP assailing Rajasthan High Court's order dated March 3, 2022. The provision reads as follows: "34.. 2 In any legal …

Karnataka High Court Grants Bail To Juvenile Incarcerated For 2.5 Yrs; Maximum Punishment If Found Guilty Would Be 3 Yrs
2 years, 11 months ago

Karnataka High Court Grants Bail To Juvenile Incarcerated For 2.5 Yrs; Maximum Punishment If Found Guilty Would Be 3 Yrs

Live Law  

Observing that whereas the maximum punishment in respect of the alleged offence for which the accused, who was 17 years old at the time, is booked is of 3 years and he has already spent about 2½ years in custody, the Karnataka High Court passed an order granting bail. His application for bail under Section 12 of the Juvenile Justice …

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case
3 years ago

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case

Live Law  

The Delhi High Court has granted bail to a man incarcerated for almost 8 years in connection with a case registered under Narcotic Drugs and Psychotropic Substances Act, 1985, on account of inordinate delay in his trial and prolonged judicial custody.Justice Subramonium Prasad observed that there was an "egregious violation of an accused's right to personal liberty and right to …

Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed
3 years ago

Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed

Live Law  

Taking into consideration that the co accused who was on bail and there was no likelihood of the trial being completed soon, the Supreme Court recently granted bail to an accused who had been in custody since 2020.The bench of Justices LN Rao and BR Gavai granted bail in SLP assailing Punjab and Haryana High Court's order dated September 20,2021 …

Delay In Concluding Trial A Significant Consideration While Deciding Bail Applications: Gujarat High Court
3 years ago

Delay In Concluding Trial A Significant Consideration While Deciding Bail Applications: Gujarat High Court

Live Law  

The Gujarat High Court has affirmed that "in deciding the bail applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial." The Applicant-accused herein sought regular bail under Section 439 CrPC, in connection with offences under sections 132, 132 read with section 132 and section 132 of the and …

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates
3 years, 1 month ago

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates

Live Law  

Reiterating that the date of remand will be computed while considering an application for statutory bail, Madras High Court observed that the right to default bail is part of the procedure established by law under Article 21 of the Constitution, hence an indefeasible fundamental right.The single-judge bench of Justice M. Nirmal Kumar was considering the plea by a POCSO accused, …

COVID: Gujarat High Court Issues SOP For Functioning Of Subordinate Courts In State From Jan 24 Till Further Orders
3 years, 2 months ago

COVID: Gujarat High Court Issues SOP For Functioning Of Subordinate Courts In State From Jan 24 Till Further Orders

Live Law  

To ensure that there is no congregation in the court complex and to avoid the spread of Covid-19 in the court complexes, the Gujarat High Court today issued a Standard Operating Procedure for the functioning of subordinate courts in the state with effect from January 24 till further orders.It may be noted that in view of the fact that a …

Karnataka HC Cancels Bail Of Lecturer Accused Of Sexually Assaulting Minor; Says Trial Court Obligated To Hear Complainant U/s 439(1A) CrPC
3 years, 2 months ago

Karnataka HC Cancels Bail Of Lecturer Accused Of Sexually Assaulting Minor; Says Trial Court Obligated To Hear Complainant U/s 439(1A) CrPC

Live Law  

The Karnataka High Court has set aside the order granting bail to a lecturer, accused of sexually assaulting a minor student of his college, as the trial court failed to given an opportunity to the complainant/victim of being heard before passing the order. The court said, "In the case on hand, first of all the victim girl is aged about …

COVID-19: Allahabad High Court Extends All Interim Orders Passed By It & Courts Subordinate To It Till Feb 28
3 years, 2 months ago

COVID-19: Allahabad High Court Extends All Interim Orders Passed By It & Courts Subordinate To It Till Feb 28

Live Law  

Restoring a suo moto case registered in the year 2020, the Allahabad High Court last week extended the life of all interim orders passed by the High Court and courts subordinate to it, including the Tribunals till February 28, 2022, in light of the Covid-19 situation in the State of Uttar Pradesh. "Recently, a new variant of COVID – 19 …

COVID-19: Calcutta High Court Extends All Interim Orders Passed By It & Courts Subordinate To It Till February 28
3 years, 2 months ago

COVID-19: Calcutta High Court Extends All Interim Orders Passed By It & Courts Subordinate To It Till February 28

Live Law  

Restoring a suo moto case registered last year, the Calcutta High Court on Tuesday extended the life of all interim orders passed by the High Court and courts subordinate to it, including the Tribunals till February 28, 2022 in light of the Covid-19 situation in West Bengal.A five-judge Bench of the High Court placed reliance on the order passed by …

Bail without giving cogent reason in cryptic order cannot be sustained: Supreme Court
3 years, 3 months ago

Bail without giving cogent reason in cryptic order cannot be sustained: Supreme Court

The Hindu  

Bail cannot be granted, especially to an accused in a heinous crime, as a “matter of course”. Besides, bail without giving a cogent reason in a cryptic order cannot be sustained, a Bench of Justices L. Nageswara Rao, B.R. Order for bail bereft of any cogent reason cannot be sustained,” Justice Nagarathna noted. ‘Indicate reasons’ The judgment emphasised that every …

Sessions Court Cannot Stay Own Bail Order Under CrPC - Bombay High Court
3 years, 3 months ago

Sessions Court Cannot Stay Own Bail Order Under CrPC - Bombay High Court

Live Law  

In a significant order, the Bombay High Court has held that a sessions court cannot stay its own order granting bail to an accused under the criminal procedure code. Justice SK Shinde held thus while setting aside the Special NIA court's decision to stay its own held thus while setting aside the Special NIA court's decision to stay its own …

Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection
3 years, 5 months ago

Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection

Live Law  

The Supreme Court on Friday refused to grant a stay on the criminal case lodged against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi for the offence of rape. A Bench comprising Justices M.R Shah and A.S Bopanna further ordered that the interim protection from arrest granted earlier by the High Court must be continued until the …

No Further Extension Of Interim Bails By District Courts, Closes Suo Moto Extension Of Interim Orders Plea: Delhi High Court
3 years, 5 months ago

No Further Extension Of Interim Bails By District Courts, Closes Suo Moto Extension Of Interim Orders Plea: Delhi High Court

Live Law  

The Delhi High Court has disposed of its plea concerning the suo moto petition registered on the extension of interim orders in all matters pending before it and subordinate Courts including interim bails. Modifying it's order dated 20th April, 2021, a full bench comprising of Justice Vipin Sanghi, Justice Rekha Palli and Justice Talwant Singh directed that the interim bails …

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case
3 years, 5 months ago

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case

Live Law  

The Supreme Court on Monday issued notice on a Special Leave Petition against an order of the Calcutta High Court setting aside the order of the Chief Judicial Magistrate at Alipore which had dismissed an application seeking FIR against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi in a rape case. The Bench was also apprised by …

Gujarat 'Anti-Love Jihad' Law: High Court Grants Interim Bail To Accused On A Joint 'Settlement' Plea Moved By Him & Complainant-Wife
3 years, 5 months ago

Gujarat 'Anti-Love Jihad' Law: High Court Grants Interim Bail To Accused On A Joint 'Settlement' Plea Moved By Him & Complainant-Wife

Live Law  

The Gujarat High Court on Wednesday granted interim bail to an accused/husband, his relatives on a joint plea filed by him and his complainant-wife seeking quashing of an FIR under the Gujarat Freedom of Religion Act, 2021.The Bench Of Justice Ilesh J. Vora was hearing the joint plea of the interfaith couple submitting that the issues have been resolved. The …

Right to seek bail implicit in Constitution: Supreme Court
3 years, 6 months ago

Right to seek bail implicit in Constitution: Supreme Court

The Hindu  

The Supreme Court has held that the right to apply for bail is an “individual right” implicit in the Constitution. “The right of an accused, an undertrial prisoner or a convicted person awaiting appeal court’s verdict to seek bail on suspension of sentence is recognised in Sections 439, 438 and 389 of the Code of Criminal Procedure,” a judgment by …

Delhi High Court Denies Anticipatory Bail To Man Accused Of Giving Fake COVID-19 Report For Release Of His Son On Interim Bail
3 years, 6 months ago

Delhi High Court Denies Anticipatory Bail To Man Accused Of Giving Fake COVID-19 Report For Release Of His Son On Interim Bail

Live Law  

The Delhi High Court has denied anticipatory bail to a man accused of giving fake Covid-19 report for the purpose of release of his son from jail on interim bail.Justice Anu Malhotra observed that his custodial interrogation was required to trace out the links in the chain of the alleged conspiracy for making of false COVID-19 report and recovery of …

"It Will Otherwise Apply Across India": SG Urges SC To Quash HC Order Granting Anticipatory Bail On The Sole Ground Of Apprehension of Death Due To COVID
3 years, 7 months ago

"It Will Otherwise Apply Across India": SG Urges SC To Quash HC Order Granting Anticipatory Bail On The Sole Ground Of Apprehension of Death Due To COVID

Live Law  

SG Tushar Mehta on Tuesday urged the Supreme Court to set aside the order of the Allahabad High Court granting anticipatory bail to an alleged "conman" till January, 2022 on the ground of apprehension of death on account of the COVID pandemic. The bench of Justices Vineet Saran and Dinesh Maheshwari was hearing the SLP by the state of UP …

[Covid-19] Delhi High Court Extends Interim Orders Till July 27, Seeks Impact Assessment Report
3 years, 8 months ago

[Covid-19] Delhi High Court Extends Interim Orders Till July 27, Seeks Impact Assessment Report

Live Law  

The Delhi High Court has sought status report from the Delhi Government on the impact of extension of interim orders, and interim bails granted to the undertrial Prisoners in view of recommendations made by the High Powered Committee with an objective of decongesting jails amid Covid-19 pandemic. Taking note of the fact that presently no Covid-19 case is being reported …

'This Is Too Much' : Delay In Release Of Agra Prisoners After Grant Of Bail Prompts Supreme Court To Take Suo Motu Cognizance
3 years, 8 months ago

'This Is Too Much' : Delay In Release Of Agra Prisoners After Grant Of Bail Prompts Supreme Court To Take Suo Motu Cognizance

Live Law  

The Supreme Court's suo motu case on the issue of delay of release of prisoners after grant of bail was prompted by a recent news report which stated that the convicts lodged in Agra Central Jail have not been released even after 3 days of the order granting them bail.On July 8, the Supreme Court had ordered to "immediately" release …

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