“Irresponsibility, Callousness & Deceit”: Calcutta HC Deals With Multiple Bail Applications In The Same Matter With Iron Hand [Read Order]
6 years ago

“Irresponsibility, Callousness & Deceit”: Calcutta HC Deals With Multiple Bail Applications In The Same Matter With Iron Hand [Read Order]

Live Law  

Censuring litigants and lawyers for filing multiple bail applications in the same matter, the Calcutta High Court recently dealt with the practice with iron hand.The bench comprising Justice Sanjib Banerjee and Justice Suvra Ghosh was dealing with three petitioners who had applied for anticipatory bail without disclosing that the High Court had rejected their prayer in March last. Censuring litigants and lawyers for filing multiple bail applications in the same matter, the Calcutta High Court recently dealt with the practice with iron hand. The bench comprising Justice Sanjib Banerjee and Justice Suvra Ghosh was dealing with three petitioners who had applied for anticipatory bail without disclosing that the High Court had rejected their prayer in March last year. 10646 of 2018 have glibly applied a second time for anticipatory bail without disclosing that by an order dated March 1, 2017 passed by this Court their prayer stood rejected.

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History of this topic

Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case, Says Bail Will Be Cancelled If Similar Offence Is Committed
23 hours, 28 minutes ago

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

Live Law  

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

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
1 day, 3 hours ago

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order

Live Law  

The Delhi Police on Tuesday opposed the plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. ASG Chetan Sharma, along with SPP Rajat Nair appeared for the Delhi …

HC dismisses anticipatory bail petition of prison official, five others
5 days, 20 hours ago

HC dismisses anticipatory bail petition of prison official, five others

The Hindu  

The Madurai Bench of the Madras High Court on Wednesday dismissed the anticipatory bail petition filed by a prison official and five others named in the case registered by the DVAC in connection with a scam. Justice N. Anand Venkatesh dismissed the petitions filed by M. Urmila, the Superintendent of the Cuddalore Central Prison and the then Superintendent of the …

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
1 week ago

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement

Live Law  

Expressing “anguish and pain” over denial of bail to a man not even named by the minor victim in her statement, the Rajasthan High Court has sought explanation from a Special POCSO Judge for his decision. The bench of Justice Anil Kumar Upman opined that the increasing tendency of trial courts in rejecting bail petitions in a "casual and routine …

Holding Multiple Inquiries On Same Allegations Amount To Violation Of Article 21: Punjab & Haryana High Court
2 weeks, 1 day ago

Holding Multiple Inquiries On Same Allegations Amount To Violation Of Article 21: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court granted anticipatory bail in fraud and Prevention of Corruption Act case to a Junior Engineer posted in Municipal Council Khanna, accused for committing embezzlement of Rs. Justice Sandeep Moudgil said, "multiple inquires on same set of allegations would amount to violation of Article 21 of the Constitution of India added with the fact that …

Calcutta High Courts rejects bail prayer of former Bengal Education Minister Partha Chatterjee, 4 others
3 weeks ago

Calcutta High Courts rejects bail prayer of former Bengal Education Minister Partha Chatterjee, 4 others

The Hindu  

The Calcutta High Court on Tuesday rejected the bail petition of former West Bengal Education Minister Partha Chatterjee and four other ex-public servants in a CBI case over an alleged school jobs recruitment scam. Besides Chatterjee, Justice Tapabrata Chakraborty also rejected the bail prayer of former West Bengal School Service Commission chairman Subires Bhattacharya, former State Secondary Education Board president …

Kolkata HC rejects bail pleas of Partha Chatterjee in school jobs case
3 weeks, 1 day ago

Kolkata HC rejects bail pleas of Partha Chatterjee in school jobs case

Hindustan Times  

The Calcutta High Court on Tuesday rejected the bail petitions of former West Bengal education minister Partha Chatterjee and four other ex-public servants in a CBI case over an alleged school jobs recruitment scam. Ex-West Bengal education minister Partha Chatterjee Besides Chatterjee, Justice Tapabrata Chakraborty also rejected the bail prayers of former West Bengal School Service Commission chairman Subires Bhattacharya, …

Bengal ex-minister Partha Chatterjee's bail plea in jobs scam case rejected
3 weeks, 1 day ago

Bengal ex-minister Partha Chatterjee's bail plea in jobs scam case rejected

India Today  

The Calcutta High Court on Tuesday rejected the bail petition of former West Bengal minister Partha Chatterjee and four others in the case of school jobs recruitment scam. A single judge bench of Justice Tapabrata Chakraborty also rejected the bail plea of former West Bengal School Service Commission chairman Subires Bhattacharya, former state secondary education board president Kalyanmoy Ganguly, former …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
3 weeks, 4 days 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 …

Allahabad HC rejects SP MLA’s bail plea in 2022 spurious liquor case
3 weeks, 4 days ago

Allahabad HC rejects SP MLA’s bail plea in 2022 spurious liquor case

Hindustan Times  

The Allahabad high court on Friday rejected the second bail plea of SP MLA Ramakant Yadav in a spurious liquor case in which nine people had died in Azamgarh district in 2022. Yadav’s counsel argued that the Supreme Court had directed him to file a second bail plea in case no substantial progress is made in the trial pending before …

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
1 month ago

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

Live Law  

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. Seeking release of the petitioner on bail, learned counsel for the petitioner submitted that by virtue of a leave and licence …

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC
1 month, 1 week ago

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC

Live Law  

The Madras High Court recently observed that when an application for extension was filed by the prosecution, the presence of the accused was ensured only to inform him about the application and consider the objections, if any. Justice Sunder Mohan emphasized that while considering the application for extension, the court was only required to consider whether the report of the …

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

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

Live Law  

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

Fix time for completion of trials, but denying bail no solution, SC tells HCs
1 month, 2 weeks 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
1 month, 2 weeks 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 …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
1 month, 2 weeks 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 …

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
1 month, 3 weeks ago

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA

Live Law  

The Supreme Court today granted anticipatory bail to Jagannath Temple Priest, Rajkumar Daitapati in relation to PMLA proceedings initiated against him for alleged offence of money laundering. The petitioner, stated to be a generational priest of the Shri Jagannath Temple, Puri, Orrisa has been arrayed in proceedings under S. 3 and 4 of the Prevention for Money Laundering Act 2002. …

Telangana HC Extends Bail to Bhujanga Rao
2 months ago

Telangana HC Extends Bail to Bhujanga Rao

Deccan Chronicle  

Hyderabad: The Telangana High Court on Thursday extended the interim bail granted to N. Bhujanga Rao, accused in the phone-tapping case, till November 18 on medical grounds. On Wednesday, the Nampally Metropolitan Sessions Court had dismissed his petition seeking extension of interim bail and directed him to surrender by 4.30 pm on Thursday. Bhujanga Rao moved the High Court by …

Even single day's delay in deciding bail plea adversely affects fundamental rights: SC
2 months ago

Even single day's delay in deciding bail plea adversely affects fundamental rights: SC

Deccan Chronicle  

New Delhi: Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens.The apex court has time and again emphasised the importance of personal liberty, a bench of Justices B R Gavai and K V Viswanathan said in …

Even single day's delay in deciding bail plea adversely affects fundamental rights of citizens: SC
2 months ago

Even single day's delay in deciding bail plea adversely affects fundamental rights of citizens: SC

New Indian Express  

NEW DELHI: Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens. "It has been observed by this court even a single day delay in deciding the bail application adversely affects the fundamental rights of the citizens," …

Calcutta High Court Grants Bail To Man Imprisoned On Suspicion Of Being Associated With Banned Bangladeshi Terrorist Outfit
2 months ago

Calcutta High Court Grants Bail To Man Imprisoned On Suspicion Of Being Associated With Banned Bangladeshi Terrorist Outfit

Live Law  

The Calcutta High Court has granted bail to a Bangladeshi national, who was arrested in 2016, on the suspicion of being associated with the banned terrorist organisation Jamaat-ul-Mujahideen Bangladesh.A division bench of Justices Joymalya Bagchi and Gaurang Kanth allowed the bail application moved by Abdul Kalim alias Azad.It was stated that the petitioner was in custody for more. The Calcutta …

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
2 months, 1 week ago

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

Live Law  

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

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
2 months, 3 weeks 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 rejects bail for UP man accused of cheating 15 people across India
3 months, 1 week ago

Karnataka HC rejects bail for UP man accused of cheating 15 people across India

New Indian Express  

BENGALURU: The Karnataka High Court refused anticipatory bail to Anupkumar Chodhari, an accused from Uttar Pradesh who had allegedly cheated 15 persons from different states after receiving lakhs of rupees from them on the pretext of getting them inducted as members of the Railway Board. Under these circumstances, though in law the present petition filed under Section 438 of CrPC …

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

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

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

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

Live Law  

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

Delhi excise policy case: SC to hear BRS MLC K Kavitha's bail plea on August 12
5 months ago

Delhi excise policy case: SC to hear BRS MLC K Kavitha's bail plea on August 12

New Indian Express  

NEW DELHI: The Supreme Court is scheduled to hear on August 12, Monday, the Bharat Rashtra Samithi leader, K Kavitha's plea seeking bail in the cases filed by both the Central Bureau of Investigation and the Enforcement Directorate in connection with the 2021-22 Excise Policy A two-judge bench of the top court, led by Justice BR Gavai and also comprising …

Supreme Court To Hear Manish Sisodia's Bail Pleas In Liquor Policy Case On August 5
5 months, 2 weeks ago

Supreme Court To Hear Manish Sisodia's Bail Pleas In Liquor Policy Case On August 5

Live Law  

The Supreme Court on Monday posted the petitions filed by former Delhi Deputy Chief Minister Manish Sisodia seeking bail in the liquor policy case to August 5.The bench of Justices BR Gavai and KV Viswanathan adjourned the hearing after Additional Solicitor General SV Raju sought time to file the counter-affidavit on behalf of the Enforcement Directorate. The Supreme Court on …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
6 months, 1 week ago

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC

Live Law  

The Chattisgarh High Court has allowed a bail application upon observing that the right to expeditious trial is a fundamental right. The Court noted that under Section 193 of BNSS, it is the duty of the Investigating Officer to provide a police report and other documents to the accused, with the documents being indexed to the Magistrate as required under …

'Bail Prayers Not To Be Unnecessarily Adjourned' : Supreme Court Urges Delhi HC To Decide Satyendar Jain's Default Bail Plea Soon
6 months, 3 weeks ago

'Bail Prayers Not To Be Unnecessarily Adjourned' : Supreme Court Urges Delhi HC To Decide Satyendar Jain's Default Bail Plea Soon

Live Law  

Observing that bail applications are not to be unnecessarily adjourned, the Supreme Court on Tuesday expressed the hope that the Delhi High Court would decide the default bail plea of Aam Aadmi Party leader Satyendar Jain without delay.A Vacation Bench of Justices Manoj Misra and SVN Bhatti was hearing Jain's challenge against the Delhi High Court's order dated May 28. …

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas
6 months, 4 weeks ago

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

Live Law  

Rajasthan High Court has denied anticipatory bail to the person charged under five different FIRs for forging “pattas” that were never actually issued by the Ajmer Development Authority and taking lakhs of rupees from complainants to distribute these fabricated pattas and documents. A bench of Justice Anoop Kumar Dhand said, “While considering an application for grant of anticipatory bail, no …

Karnataka High Court directs Bhavani Revanna to appear before SIT on Friday
7 months, 1 week ago

Karnataka High Court directs Bhavani Revanna to appear before SIT on Friday

New Indian Express  

BENGALURU: Keeping in abeyance the non-bailable warrant issued against Bhavani Revanna, who is facing the charges for allegedly kidnapping a victim of a sexual assault allegedly involving her son, former MP Prajwal Revanna. Justice Krishna S Dixit passed the interim order keeping the NBW in abeyance after the assurance given by the senior counsel Sandesh Chouta that Bhavani Revanna will …

Bhavani Revanna planned entire kidnap episode, helped Prajwal exploit women, SIT tells Special Court
7 months, 1 week ago

Bhavani Revanna planned entire kidnap episode, helped Prajwal exploit women, SIT tells Special Court

The Hindu  

Bhavani Revanna, JD leader and mother of Prajwal Revanna, Hassan MP, filed a petition in the High Court of Karnataka on Monday, seeking anticipatory bail in a case of allegedly conspiring to kidnap a former house help, a victim of sexual abuse, to prevent her from giving statements against Mr. Prajwal. Why in HC The petition has been filed in …

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon
7 months, 4 weeks ago

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon

Live Law  

Emphasising that in matters concerning personal liberty, every single day of delay counts, the Supreme Court on Friday expressed disappointment at the Delhi High Court keeping the bail application of a petitioner pending for nearly 11 months.A bench comprising Justices BR Gavai and Sandeep Mehta was hearing a petition filed by Amandeep Singh Dhall, an accused in the Delhi liquor. …

SC grants anticipatory bail to Mukhtar’s son
8 months, 1 week ago

SC grants anticipatory bail to Mukhtar’s son

Hindustan Times  

New Delhi The Supreme Court on Monday granted anticipatory bail to Umar Ansari, son of late gangster-turned-politician Mukhtar Ansari in a case in which he is accused of being part of a conspiracy to promote enmity and obstruct public servants during the 2022 assembly elections in Uttar Pradesh. UP’s additional advocate general Garima Prasad told the court during the hearing …

“Further Detention Will Frustrate Object Of Article 21”: Bombay HC Grants Bail To Former MD Of IL&FS Hari Sankaran In Fraud Case After Nearly 5 Yrs
10 months ago

“Further Detention Will Frustrate Object Of Article 21”: Bombay HC Grants Bail To Former MD Of IL&FS Hari Sankaran In Fraud Case After Nearly 5 Yrs

Live Law  

The Bombay High Court has granted bail to Hari Sankaran, prime accused in the high-profile Rs. Sankaran, the former Vice Chairman and Managing Director of IL&FS Financial Services Ltd., was arrested on April 1, 2019, by the Serious Fraud Investigation Office for offenses punishable under Sections 447 of the Companies Act, 2013, and Sections 417, 420 read with 120B of …

Accused should get reasonable chance to fulfil bail conditions: Orissa HC
10 months, 4 weeks ago

Accused should get reasonable chance to fulfil bail conditions: Orissa HC

New Indian Express  

CUTTACK: An accused should be given reasonable opportunity to fulfil the bail conditions when no time limit is specified while granting it, the Orissa High Court has held. A single judge bench of Justice V Narasingh gave the ruling in the case of one Bhisma Behera whose bail plea was rejected by the trial court after granting default bail as …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
11 months, 2 weeks 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 …

Absence Of The Accused Is Not Sufficient Reason To Revoke Bail
11 months, 2 weeks ago

Absence Of The Accused Is Not Sufficient Reason To Revoke Bail

Live Law  

The Supreme Court recently observed that the non-appearance of the accused party is no ground for cancellation of bail. Gavai, Sanjay Karol, and Sandeep Mehta was hearing a criminal appeal arising out of the impugned order of the Calcutta High Court cancelling bail. “.we find that merely because the appellant did not appear personally could not have been a ground …

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

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year, 1 month ago

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

Live Law  

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code. Notably, although the Trial Court had been directed to dispose of the case within 31st …

Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court
1 year, 2 months ago

Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court

Live Law  

A Division Bench of the Supreme Court recently, while setting aside the judgment of the Madhya Pradesh High Court, held that Section 362 of the Code of Criminal Procedure, 1973, which prohibits modification of a judgment or final order, will not be applicable in an order for refusal of bail. “An order for refusal of bail, however, inherently carries certain …

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
1 year, 3 months ago

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation

Live Law  

The Calcutta High Court has refused to grant bail to the petitioners, accused of gang-rape by the victim who alleged that she was attacked at the birthday party of one of the accused. Earlier, a division-bench of Justice Joymalya Bagchi and Justice Gaurang Kanth had taken serious exception to the police’s actions in harassing the victim, and the petitioner’s attempts …

Drugs case: High court refuses anticipatory bail to Raj Jit
1 year, 5 months ago

Drugs case: High court refuses anticipatory bail to Raj Jit

Hindustan Times  

The Punjab and Haryana high court dismissed anticipatory bail plea of sacked assistant inspector general Raj Jit Singh Hundal, an accused in a drug smuggling case, observing that he might indulge in threatening witnesses. Referring to initiation of criminal case against him following opening of sealed cover reports on drugs by the high court, the bench said it would be …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]
1 year, 6 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 …

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court
1 year, 7 months ago

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

Live Law  

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

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC
1 year, 7 months ago

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC

News 18  

The High Court of Jammu & Kashmir and Ladakh recently ruled that a victim’s refusal to testify in court under Protection of Children from Sexual Offences Act was sufficient to grant bail to the accused. The Single Judge Bench of Justice Sanjay Dhar held, “Consideration of the bail petition could not be postponed indefinitely simply because the victim refused to …

Calcutta High Court Again Grants Bail To Accused After Fresh Consideration On Supreme Court Directions, Says 'Human Liberty Is Most Valuable'
1 year, 7 months ago

Calcutta High Court Again Grants Bail To Accused After Fresh Consideration On Supreme Court Directions, Says 'Human Liberty Is Most Valuable'

Live Law  

While observing that human liberty is most valuable to every civilised human being, the Calcutta High Court recently reaffirmed its order granting bail to an accused. An earlier order granting bail to her was set aside by the Supreme Court and the matter was remanded back to the High Court for reconsideration. Liberty includes the right and opportunity to free …

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court
1 year, 7 months ago

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court

Live Law  

The Allahabad High Court has clarified that no person can apply for bail in parts and that an accused is required to seek bail for all the offences for which he is wanted. “No person can be permitted to apply for bail in part, that too firstly getting bail by invoking powers u/s 437 CrPC and later on taking recourse …

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