Not Permissible To Re-Arrest An Accused Who Is In Bail When Police Added A Non-Bailable Offence [Read Order]
6 years, 10 months ago

Not Permissible To Re-Arrest An Accused Who Is In Bail When Police Added A Non-Bailable Offence [Read Order]

Live Law  

It is not permissible for the respondent-State to simply re-arrest the petitioners by ignoring order dated 02.06.2016 passed by the learned Additional Sessions Judge, Pune, which was in force at that time, the bench said.The Supreme Court has observed that it is not permissible to simply re-arrest the accused, by adding another offence, ignoring the bail order in force at that time.A bench. It is not permissible for the respondent-State to simply re-arrest the petitioners by ignoring order dated 02.06.2016 passed by the learned Additional Sessions Judge, Pune, which was in force at that time, the bench said. The Supreme Court has observed that it is not permissible to simply re-arrest the accused, by adding another offence, ignoring the bail order in force at that time. In our view, the re-arrest of the Petitioners cannot be taken exception to.” The Supreme Court bench, setting aside the high court order, observed: “It is not permissible for the respondent-State to simply re-arrest the petitioners by ignoring order dated 02.06.2016 passed by the learned Additional Sessions Judge, Pune, which was in force at that time.” Releasing the accused on bail, the bench said the state is at liberty to apply for cancellation of bail and seek the custody of the accused.

Court Bail Pune Accused That Time Offence Section 376 Permissible Read Order  permissible  nonbailable  simply  court  accused  sessions  read  order  bail  offence  added  ignoring  rearrest

History of this topic

Giving Arrest Memo Not Same As Supplying Grounds Of Arrest : Supreme Court Sets Aside Arrest & Remand
3 days, 22 hours ago

Giving Arrest Memo Not Same As Supplying Grounds Of Arrest : Supreme Court Sets Aside Arrest & Remand

Live Law  

The Supreme Court recently set aside the arrest and remand for an appellant in the light of the decision in Prabir Purkayastha v. State, which held that supplying grounds of arrest in writing as prescribed under Section 50 of the Code of Criminal Procedure requires mandatory compliance, lest the arrest and remand will stands vitiated in the eyes of the …

Serving Grounds Of Arrest On Accused During Remand Not Valid, 'Contemporaneous Record' In Police Diary Necessary: Delhi High Court
4 days, 23 hours ago

Serving Grounds Of Arrest On Accused During Remand Not Valid, 'Contemporaneous Record' In Police Diary Necessary: Delhi High Court

Live Law  

The Delhi High Court has observed that serving grounds of arrest to an arrestee as part of the remand application moved by the Police before the Magistrate is no compliance with the requirements of law.Justice Anup Jairam Bhambhani held that since grounds of arrest must exist before an arrest is made, there must be a contemporaneous record of the grounds …

Trial Courts Must Be Cautious While Granting Permission To IO For Invoking Charges On Organised Crime U/S 111 BNS Against Accused: Karnataka HC
2 weeks ago

Trial Courts Must Be Cautious While Granting Permission To IO For Invoking Charges On Organised Crime U/S 111 BNS Against Accused: Karnataka HC

Live Law  

The Karnataka High Court has said that trial courts are required to be more cautious while permitting the Investigation Officer to invoke the offence punishable under Section 111 of Bhartiya Nyaya Sanhita 2023. The application/requisition of the Investigation Officer seeking permission of the Court to invoke Section 111 of BNS, 2023, shall be accompanied with necessary documents/materials which would prima-facie …

SC/ST Act | "Repeat Appeal" For Bail After Plea Was Dismissed On Merits Not Maintainable Before HC, Accused Can Move Special Court: MP High Court
2 weeks, 1 day ago

SC/ST Act | "Repeat Appeal" For Bail After Plea Was Dismissed On Merits Not Maintainable Before HC, Accused Can Move Special Court: MP High Court

Live Law  

While answering a reference with respect to the scope of Section 14A of The Scheduled Castes And The Scheduled Tribes Act, the Madhya Pradesh High Court held that a second criminal appeal against the Special Court or the Exclusive Special Court's original order rejecting bail is not maintainable. If such an application is preferred, the same may be considered by …

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court
2 weeks, 6 days ago

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that the provisions of Section 47 of Bharatiya Nagarik Suraksha Sanhita are mandatory and peremptory, and a violation of this provision can only result in a declaration that the arrest and subsequent detention are invalid. The petitioner had approached the High Court contending that the remand of the detenue by the Magistrate was …

Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies
3 weeks, 6 days ago

Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies

Live Law  

While answering a reference made by a single judge, a division bench of the Madras High Court has clarified that all successive bail applications/anticipatory bail applications arising out of the same FIR/Crime Number shall be listed before the judge holding the roster. “ All bail/anticipatory bail applications arising out of the same FIR/Crime Number shall be listed before the same …

Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments
1 month ago

Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments

Live Law  

The Supreme Court has overruled its previous decisions which held that anticipatory bail applications were not maintainable with respect to offences under the Goods and Services Tax Act.A three-judge bench comprising Chief Justice of India Sanjiv Khanna, Justice MM Sundresh and Justice Bela Trivedi overruled the two-judge bench judgments in State of Gujarat v. Choodamani Parmeshwaran Iyer. The Supreme Court …

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC
1 month, 1 week ago

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC

New Indian Express  

NEW DELHI: In a significant verdict, the Supreme Court on Thursday held that the provision of anticipatory bail is applicable to the Goods and Services Act and customs law and persons can move courts for pre-arrest bail even if an FIR is not in place. A bench comprising Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi …

Should Subsequent Bail Pleas Be Listed Before Roster Judge Even If Judge Who Heard Earlier Plea Is Present? Madras HC Refers To Larger Bench
1 month, 1 week ago

Should Subsequent Bail Pleas Be Listed Before Roster Judge Even If Judge Who Heard Earlier Plea Is Present? Madras HC Refers To Larger Bench

Live Law  

The Madras High Court has referred to a larger bench the issue on whether subsequent bail applications filed by an accused should be listed before the roster bench even if the judge who had dealt with an earlier bail/anticipatory bail petition is available. Justice Sunder Mohan referred the question to the larger bench after noting the Supreme Court's clarification in …

'Exceptional Case': High Court Upholds Trial Court Order Recalling Pre-Arrest Bail Cancellation Despite Lack Of Inherent Power Of Review/ Recall
1 month, 1 week ago

'Exceptional Case': High Court Upholds Trial Court Order Recalling Pre-Arrest Bail Cancellation Despite Lack Of Inherent Power Of Review/ Recall

Live Law  

Calling it an "exceptional situation", the Punjab & Haryana High Court upheld a trial court order, recalling its bail cancellation order passed on the basis of false statement that the accused failed to join investigation as the particular day was a public holiday.Justice Manjari Nehru Kaul said, "This Court finds no illegality or perversity in the impugned order granting anticipatory …

High Court slams Maharashtra govt for laxity in Atrocities Act case, seeks compliance
1 month, 2 weeks ago

High Court slams Maharashtra govt for laxity in Atrocities Act case, seeks compliance

India Today  

The Bombay High Court on Monday criticised the Maharashtra government for its lackadaisical approach in taking action against its own Additional Public Prosecutor, who was absent during the hearing of a case under the Scheduled Castes and Scheduled Tribes Act. The bench of Justice Prithviraj Chavan was hearing a petition filed by one SV Guthule, who belongs to the Scheduled …

'Once Arrest Is Found Illegal, Duty Of Court To Release Accused On Bail' : Supreme Court Rejects ED Appeal
2 months ago

'Once Arrest Is Found Illegal, Duty Of Court To Release Accused On Bail' : Supreme Court Rejects ED Appeal

Live Law  

The Supreme Court recently declared the arrest by the Enforcement Directorate as illegal and unconstitutional because the agency failed to secure the presence of the arrestee before the magistrate within 24 hours of the arrest. The arrestee was detained on 5th March 2022 at 11 AM at IGI Airport, Delhi by the Immigration Bureau in view of the Look Out …

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman
2 months ago

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman

Live Law  

The Allahabad High Court today refused the anticipatory bail plea filed by Congress's Member of Parliament from Sitapur Lok Sabha constituency, Rakesh Rathore, in connection with an FIR against him over allegations of sexually exploiting a 35-year-old woman.However, a bench of Justice Rajesh Singh Chauhan disposed of his plea at the admission stage, giving him the liberty. The Allahabad High …

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]
2 months, 1 week ago

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]

Live Law  

A full bench of the Allahabad High Court has held that where the High Court has consciously issued a non-bailable warrant for the arrest of an accused, against whose acquittal/conviction an appeal has been moved, the Magistrate or the Sessions Judge, as the case may be, would have no jurisdiction to release such person on bail. nor Session Judge would …

Mere Passing Of Detention Order Against An Individual Cannot Be A Bar For Deciding His Bail Application: Madras High Court
2 months, 1 week 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 …

Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case
2 months, 2 weeks ago

Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case

Live Law  

The Delhi High Court has ruled that the right to speedy trial derived from Article 21 of the Constitution of India is not a “free-pass” for every undertrial, demanding to be enlarged on bail regardless of the criminal antecedents and the nature of the offence.Justice Anup Jairam Bhambhani said that where there are grave criminal antecedents, the larger interests of …

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months, 2 weeks ago

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea

Live Law  

The Supreme Court today issued notice on the anticipatory bail plea of ex-IAS probationary officer Puja Khedkar, who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022. However, Senior Advocate Siddharth Luthra pointed out that the Delhi High Court has given very strong findings in the impugned order, indicting Khedkar …

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused
2 months, 4 weeks ago

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused

Live Law  

The Supreme Court held that when a special law imposes an embargo on the grant of bail, then the Courts must exercise the power to grant bail subject to the conditions specified under the special provision.While holding so, the bench comprising Justices CT Ravikumar and Sanjay Karol set aside the bail granted to an accused charged under the Maharashtra Control …

Mumbai court extends order to suspend bailable warrant against Pragya Thakur
3 months ago

Mumbai court extends order to suspend bailable warrant against Pragya Thakur

India Today  

A special court in Mumbai, under the National Investigation Agency Act, on Monday extended its own order to temporarily suspend the bailable warrant issued to former BJP MP Sadhvi Pragya Singh Thakur in the 2008 Malegaon blast case. The court had earlier issued a bailable warrant to Thakur as she had not appeared before it in the ongoing trial which …

Telangana High Court reserved orders on bail plea of Bhujanga Rao
3 months, 1 week ago

Telangana High Court reserved orders on bail plea of Bhujanga Rao

New Indian Express  

HYDERABAD: Justice K Sujana of the Telangana High Court has reserved orders in a criminal petition filed by N Bhujanga Rao, seeking regular bail under Clause 483 of the BNSS in the high-profile phone-tapping case. Public Prosecutor Palle Nageshwar Rao opposed both the interim and regular bail applications, arguing that the petitioner’s claimed medical ailments were not serious enough to …

Absconding accused entitled to default bail, says HC
3 months, 1 week ago

Absconding accused entitled to default bail, says HC

Hindustan Times  

MUMBAI: The Bombay high court has ruled that an absconding accused is entitled to default bail even if a charge-sheet has been filed against other accused in the case prior to his arrest. A single judge bench of justice NJ Jamadar dissented with a 2006 judgement by another single judge bench which held that an absconding accused could not claim …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
3 months, 1 week 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 …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
3 months, 2 weeks ago

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

Live Law  

Supreme Court: Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. Jammu & Kashmir High Court: Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court Case Title: Ajeet Kumar Vs UT Of J&K Citation: 2024 LiveLaw 320 Criticising the growing trend of directly approaching the High Court …

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
3 months, 3 weeks ago

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

India Today  

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

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 …

Ensure release of prisoners languishing unnecessarily in jails: HC
3 months, 3 weeks ago

Ensure release of prisoners languishing unnecessarily in jails: HC

Deccan Chronicle  

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

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

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

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

New Indian Express  

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

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

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

Live Law  

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

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
4 months ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
4 months, 1 week ago

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

Live Law  

The Supreme Court on Monday granted bail to a man accused of counterfeiting currency who had been incarcerated for two years and six months invoking the principle that “bail is the rule and jail is the exception.” “Appellant has undergone incarceration for a period of two and a half years. After rejecting the prayer for bail the courts cannot provide …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
4 months, 1 week ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent
4 months, 3 weeks ago

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

Live Law  

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

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
4 months, 3 weeks ago

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti …

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

Karnataka HC reserves order on Prajwal’s bail pleas
6 months, 2 weeks 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 …

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct
6 months, 2 weeks ago

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct

The Hindu  

A two-member Bench of the Supreme Court that granted bail to Delhi Chief Minister Arvind Kejriwal in the Delhi excise policy case was divided on the legality of his arrest by the CBI on corruption charges soon after he was given regular bail in connection with money-laundering charges. After the benefit was given to the co-accused, including Delhi’s Deputy Chief …

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
6 months, 2 weeks ago

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator

Live Law  

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention order issued against former Srinagar Municipal Corporation Corporator Aqib Ahmad Renzu. The court held that the mere fact that Renzu had been granted bail in multiple criminal cases did not justify his detention under preventive law. In the present case, the ordinary law of land was sufficient …

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

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

Live Law  

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

Advocate Dinesh Jangra gets relief from high court in assault case
7 months ago

Advocate Dinesh Jangra gets relief from high court in assault case

Hindustan Times  

The Punjab and Haryana high court granted anticipatory bail to Dinesh Jangra, an advocate accused in a high-profile assault case involving members of the Punjab and Haryana High Court Bar Association. The order was passed by Justice Manisha Batra overturning the decision of the additional sessions judge, Chandigarh, which had denied bail application of Dinesh Jangra. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} …

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

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
7 months, 1 week ago

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

New Indian Express  

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

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5
7 months, 1 week ago

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5

Live Law  

The Supreme Court on Friday adjourned the hearing of Delhi Chief Minister Arvind Kejriwal's pleas challenging his arrest and seeking bail in the case registered by the CBI over the alleged Delhi Liquor Policy scam, after the CBI sought time to file a counter-affidavit in the matter.A bench of Justices Surya Kant and Ujjal Bhuyan posted the matter on September …

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail
7 months, 3 weeks ago

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail

Hindustan Times  

The Delhi high court on Wednesday asked the Enforcement Directorate if it intended to arrest chief minister Arvind Kejriwal again in the money laundering case registered in connection with the Delhi excise policy. Taking note of the Supreme Court’s July 12 order granting interim bail to the Aam Aadmi Party chief, a bench of justice Neena Bansal Krishna asked ED …

Court orders Delhi Police to file reply on Bibhav Kumar's bail plea by August 21
7 months, 3 weeks ago

Court orders Delhi Police to file reply on Bibhav Kumar's bail plea by August 21

India Today  

The Supreme Court on Wednesday directed the Delhi Police to file its response by August 21 on the plea of Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar for grant of bail in the AAP Rajya Sabha member Swati Maliwal assault case. Additional Solicitor General S V Raju, appearing for the Delhi Police, told a bench of Justices Surya Kant, …

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

Supreme Court says an order granting bail can be put on hold only in exceptional cases
8 months, 1 week ago

Supreme Court says an order granting bail can be put on hold only in exceptional cases

India Today  

The Supreme Court on Tuesday, while setting aside the order of the Delhi High Court, which stayed the bail granted in a money laundering case, held that bail orders should not normally be put on hold. Stay should be granted only in exceptional cases.” The bench in its 16-page judgment on a petition filed by Parvinder Singh Khurana, an accused …

​Arrest and liberty: On the ED’s actions
8 months, 2 weeks ago

​Arrest and liberty: On the ED’s actions

The Hindu  

Two observations made in different contexts by the Supreme Court of India have raised relevant issues concerning personal liberty. One concerned the question whether an officer arresting a person on money-laundering charges should demonstrate the necessity for arrest for the action to be deemed valid; and the other voiced shock and revulsion at the ease and quickness with which courts …

While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC
8 months, 3 weeks ago

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

Live Law  

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

Pune car crash: Bombay High Court to pass order on plea to release accused minor on June 25
9 months, 1 week ago

Pune car crash: Bombay High Court to pass order on plea to release accused minor on June 25

The Hindu  

The Bombay High Court on June 21 queried if it amounted to confinement when the juvenile accused in the Pune Porsche case was granted bail but was taken back in custody and kept in an observation home. Questioning the powers of the Juvenile Justice Board that could have sent the minor to an observation home when he was already released …

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