Probe agency can't keep filing chargesheets to keep person in jail: Supreme Court
1 year ago

Probe agency can't keep filing chargesheets to keep person in jail: Supreme Court

India Today  

The Supreme Court came down heavily on the Enforcement Directorate, stating that the probe agency cannot continue filing additional chargesheets and extending investigations, keeping the accused indefinitely in jail without the provision of default bail. The Supreme Court slammed the central probe agency's practice of filing additional chargesheets after an incomplete initial chargesheet. The top court made these oral observations in a case pertaining to one Prem Prakash, allegedly an associate of former Jharkhand Chief Minister Hemant Soren, who is accused of involvement in illegal mining and money laundering activities. The Jharkhand High Court had denied Prem Prakash bail in January 2023, prompting his appeal to the Supreme Court.

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History of this topic

No Relief For Kannada Actor Ranya Rao After Court Dismisses Bail Plea In Gold Smuggling Case
1 week, 5 days ago

No Relief For Kannada Actor Ranya Rao After Court Dismisses Bail Plea In Gold Smuggling Case

ABP News  

The Economic Offences Court on Friday rejected the bail application of Ranya Rao in connection with the gold smuggling case. Meanwhile, the second accused in the case, Tarun Konduru has also filed a bail application in the Economic Offences court which will be heard on Saturday, 3 pm, reported ANI. No Pressure To Withdraw CID Probe: Minister The Karnataka government …

Govind Pansare murder case: Bombay HC grants bail to 6 accused
1 month, 3 weeks ago

Govind Pansare murder case: Bombay HC grants bail to 6 accused

Hindustan Times  

The Bombay High Court on Wednesday granted bail to six accused in the case of killing of rationalist and author Govind Pansare in 2015, on the ground of long incarceration. A single bench of Justice A S Kilor allowed the bail pleas of the six accused - Sachin Andure, Ganesh Miskin, Amit Degvekar, Amit Baddi, Bharat Kurane and Vasudev Suryavanshi. …

'Nomination Can Be Filed Even While Sitting In Jail': Delhi High Court On Tahir Hussain's Interim Bail Plea To Contest Assembly Polls
2 months, 1 week ago

'Nomination Can Be Filed Even While Sitting In Jail': Delhi High Court On Tahir Hussain's Interim Bail Plea To Contest Assembly Polls

Live Law  

The Delhi High Court on Monday listed for tomorrow a 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. Justice Neena Bansal Krishna said that it will hear …

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
3 months, 1 week ago

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court

Live Law  

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities, 1967 on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of …

Accused's Counsel Can't Directly Contact Probe Agencies/IOs Sans Court Permission: Allahabad HC Objects To Lawyers' Mails To ED
4 months, 1 week ago

Accused's Counsel Can't Directly Contact Probe Agencies/IOs Sans Court Permission: Allahabad HC Objects To Lawyers' Mails To ED

Live Law  

Today, the Allahabad High Court took exception to the actions of the accused's counsels, who had sent emails to Enforcement Directorate officers requesting them to file a counter affidavit, as directed by the court, in a case involving their client. Noting that counsels' sending emails directly to the Investigating Officer was not proper and could not be appreciated, a bench …

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet
4 months, 2 weeks ago

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet

Hindustan Times  

MUMBAI: Observing that the Central Bureau of Investigation failed to file a chargesheet within 60 days after arresting the accused, a special CBI court on Tuesday granted default bail to Central Goods and Services Tax superintendent Sachin Gokulka and two other co-accused, arrested by the agency earlier for allegedly threatening and demanding a bribe of ₹60 lakh from a Malad-based …

Bombay High Court grants default bail to 2 PFI members
8 months, 1 week ago

Bombay High Court grants default bail to 2 PFI members

The Hindu  

A division bench of judges comprising, Justice Revati Mohite-Dere and Justice Gauri Godse of the Bombay High Court granted a default bail to Momin Moiuddin Gulam Hasan alias Moin Mistri and Asif Aminul Hussain Khan Adhikari who were accused of being the Popular Front of India members. On September 22, 2022, five men: Mazhar Mansoor Khan, Shaikh Sadik Isak Qureshi, …

Telangana: Nampally Court Dismisses Bail Pleas of Accused in Snooping Case
8 months, 3 weeks ago

Telangana: Nampally Court Dismisses Bail Pleas of Accused in Snooping Case

Deccan Chronicle  

Hyderabad: In a major development, the Nampally Court on Thursday dismissed the bail pleas filed by the accused in the phone-tapping case after the police investigation led to more leads. Three of the accused N. Bhujanga Rao, Tirupatanna and G. Praneeth Rao filed petitions seeking bail stating that although they were in remand for 90 days, the investigation officer had …

Delhi Court dismisses default bail plea of Unitech's former promoters
11 months, 1 week ago

Delhi Court dismisses default bail plea of Unitech's former promoters

Hindustan Times  

A Delhi court has dismissed default bail pleas of Unitech's former promoters, Sanjay Chandra and Ajay Chandra, in a money laundering case relating to cheating of multiple homebuyers of several crore rupees. The Enforcement Directorate had recorded the case in 2018 based on over 60 FIRs registered against the accused for various offences, including cheating, criminal conspiracy, taking undue advantage …

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial
1 year ago

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial

Hindustan Times  

The Supreme Court on Wednesday pulled up the Enforcement Directorate saying the central agency cannot keep on filing supplementary chargesheets and keep person in jail without trial. The remarks by a top court bench of justices Sanjiv Khanna and Dipankar Datta were made while taking exception to the agency filing four supplementary chargesheets in a money laundering case arising from …

Default Bail Can't Be Claimed On Ground That Investigation Is Pending Against Other Accused: Supreme Court Sets Aside Bail To Wadhwans In DHFL Case
1 year, 2 months ago

Default Bail Can't Be Claimed On Ground That Investigation Is Pending Against Other Accused: Supreme Court Sets Aside Bail To Wadhwans In DHFL Case

Live Law  

The Supreme Court today set aside the default bail granted to DHFL promoters Kapil Wadhawan and Dheeraj Wadhawan in the case related to the alleged multi-crore loan scam. Setting aside the concurring findings of the High Court and the Trial Court, the Bench of Justices Bela Trivedi and Pankaj Mithal noted that Kapil and Dheeraj Wadhawan cannot claim the statutory …

Supreme Court Half Yearly Bail Digest 2023
1 year, 7 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

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

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

Live Law  

Q.16 Is the above decision in Union of India v. Thamisharasi reported in 4 SCC 190 applicable to offences under the Kerala Abkari Act? What the said section provides is only that if the investigating agency fails to submit a charge sheet within 90 days, then they cannot seek the continued detention of the accused in custody. Since the defects …

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

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

Live Law  

Q.11 The default period applicable for the offence is 60 days. Q.12 Is not the accused entitled to default bail on the expiry of the period under the proviso to Section 167 Cr.P.C even without a written application for bail? In Hussainara Khatoon v. Home Secretary, State of Bihar AIR 1979 SC 1369 – P. N. Bhagwati, D. A. Desai …

No Default Bail U/S 167 CrPC If Chargesheet Filed Before Arrest: Karnataka HC Rejects Accused Plea In Gauri Lankesh Murder Case
2 years, 5 months ago

No Default Bail U/S 167 CrPC If Chargesheet Filed Before Arrest: Karnataka HC Rejects Accused Plea In Gauri Lankesh Murder Case

Live Law  

The Karnataka High Court has dismissed a petition filed by Hrishikesh Devdikar, an accused in the journalist Gauri Lankesh murder case, seeking default bail under section 167 of the Criminal Procedure Code. A single judge bench of Justice Suraj Govindaraj said that the accused would not be entitled to the benefit under Section 167 CrPC if the charge sheet was …

Mumbai Court Grants Default Bail To Man Of Chinese Origin Accused Of Running Int'l Racket Of Fraudulent Loan Apps
2 years, 5 months ago

Mumbai Court Grants Default Bail To Man Of Chinese Origin Accused Of Running Int'l Racket Of Fraudulent Loan Apps

Live Law  

A Mumbai court last week granted default bail to a man of Chinese origin who has been accused of being a part of an international loan fraud racket. The Court noted that offence under section 420 IPC which attracts punishment of up to 7 years and as per Sec 167, the police were required to file the charge sheet against …

CBI court junks Anil Deshmukh's default bail plea in corruption case
2 years, 8 months ago

CBI court junks Anil Deshmukh's default bail plea in corruption case

India Today  

A special CBI court in Mumbai has rejected the default bail plea of former Maharashtra home minister Anil Deshmukh and his associates, Sanjeev Palande and Kundan Shinde, in a corruption case. They have filed an application for default bail stating that the chargesheet filed by the agency was incomplete and that the investigation was not complete. On Monday, after special …

Right To Default Bail Not Extinguished With 'Simultaneous' Filing Of Chargesheet: Madras High Court
3 years, 3 months ago

Right To Default Bail Not Extinguished With 'Simultaneous' Filing Of Chargesheet: Madras High Court

Live Law  

In a pertinent ruling, the Madurai Bench of Madras High Court has delved deep into the statutory provisions and precedents that determine the four corners of default bail under Section 167 of CrPC and Section 36 of NDPS Act. If the investigating agency files the charge sheet by 10.30 am, on the next day, after the expiry of the period …

Bhima Koregaon Case - Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction : Bombay High Court
3 years, 3 months ago

Bhima Koregaon Case - Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction : Bombay High Court

Live Law  

In its detailed order granting default bail to Sudha Bharadwaj the Bombay High Court said that Additional Sessions Judge of Pune KD Vadane was not authorized to extend the time for Pune Police to file the charge sheet under the provisions of the UAPA Act on November 26, 2018 and therefore she was entitled for default bail. "In the case …

Religare Finvest Case : 'Probe Can't Go Indefinitely', Supreme Court Wants Delhi Police To Complete Investigation Soon
3 years, 4 months ago

Religare Finvest Case : 'Probe Can't Go Indefinitely', Supreme Court Wants Delhi Police To Complete Investigation Soon

Live Law  

The Supreme Court on Thursday orally asked the Delhi Police to complete its investigation soon against Shivinder Mohan Singh, former Fortis Healthcare promoter accused in a money laundering case. A Bench comprising Chief Justice NV Ramana, Justice AS Bopanna and Justice Hima Kohli made these observations orally while hearing a special leave petition filed by Singh challenging Delhi High Court's …

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon
3 years, 6 months ago

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

Live Law  

The Bombay High Court on Wednesday reserved for orders a petition filed by eight accused in the Bhima Koregaon - Elgar Parishad caste violence case challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail. The accused have filed the appeal against the Sessions court's order rejecting the default bail application under Section 167 …

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

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

Live Law  

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

Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court
3 years, 11 months ago

Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court

Live Law  

In a bail order, the Kerala High Court on Thursday underscored that the accused cannot get default bail if a chargesheet originally filed within time is re-presented following the period after the defects are cured. A Bench comprising of Justice Ashok Menon observed to the effect while disposing of a bail application filed by one Saharath VP, an accused in …

'When No Minimum Sentence Is Prescribed, Accused is Entitled To Default Bail If Charge-Sheet Not Filed In 60 Days': Delhi High Court Grants Bail To Journalist Rajeev Sharma
4 years, 3 months ago

'When No Minimum Sentence Is Prescribed, Accused is Entitled To Default Bail If Charge-Sheet Not Filed In 60 Days': Delhi High Court Grants Bail To Journalist Rajeev Sharma

Live Law  

The Delhi High Court has granted bail to journalist Rajeev Sharma, who was arrested for allegedly leaking sensitive information to Chinese intelligence.The court observed that an accused is entitled to default bail if chargesheet is not filed in 60 days, if no minimum sentences is prescribed under the statute for the offences alleged against him.Sharma had earlier moved a petition …

Delhi HC Grants Bail to Journalist Rajeev Sharma in Espionage Case
4 years, 3 months ago

Delhi HC Grants Bail to Journalist Rajeev Sharma in Espionage Case

News 18  

The Delhi High Court Friday granted bail to freelance journalist Rajeev Sharma, arrested in an espionage case under the Official Secrets Act for allegedly leaking sensitive information to Chinese intelligence. Justice Yogesh Khanna granted the relief to Sharma on furnishing of a personal bond of Rs 1 lakh and a surety of the like amount, which shall be given by …

Right to default bail for accused suffers amid coronavirus pandemic
4 years, 4 months ago

Right to default bail for accused suffers amid coronavirus pandemic

India Today  

Getting default bail during the Covid-19 pandemic has become an extremely difficult task for lawyers who are representing accused booked for different crime-related cases. A three-judge bench of the Supreme Court comprising of Justices Rohinton Fali Nariman, Navin Sinha and KM Joseph recently held, “The right to default bail is not a mere statutory right under the first proviso to …

Default Bail Cannot Be Denied To Accused Just Because He Filed Application U/S 439 Instead of 167(2) CrPC : Delhi High Court
4 years, 4 months ago

Default Bail Cannot Be Denied To Accused Just Because He Filed Application U/S 439 Instead of 167(2) CrPC : Delhi High Court

Live Law  

In a landmark ruling, the Delhi High Court has granted bail in a case where the accused was prepared to furnish bail and comply with the conditions under Section 167 of the Code of Criminal Procedure but had submitted his application under Section 439 CrPC. The court held that in the instant case, although the accused had submitted his application …

[Breaking] Delhi HC Refuses Default Bail To Sharjeel Imam; Upholds Trial Court Order Extending Time For Probe [Read Judgment]
4 years, 8 months ago

[Breaking] Delhi HC Refuses Default Bail To Sharjeel Imam; Upholds Trial Court Order Extending Time For Probe [Read Judgment]

Live Law  

Delhi High Court has rejected the plea moved by Sharjeel Imam challenging the decision of the trial court wherein the Delhi Police was granted an extension of 3 months, beyond the statutory period of 90 days, to complete the investigation against him for offences under Unlawful Activities Prevention Act. The court held that the Additional Public Prosecutor had given adequate …

Supreme Court notice to Lalu Prasad Yadav on plea challenging bail
5 years, 1 month ago

Supreme Court notice to Lalu Prasad Yadav on plea challenging bail

India TV News  

Supreme Court notice to Lalu Prasad Yadav on plea challenging bail The Supreme Court on Friday issued notice to Rashtriya Janata Dal chief Lalu Prasad Yadav on a plea challenging the bail granted by the Jharkhand High Court. The Supreme Court on Friday issued notice to Rashtriya Janata Dal chief Lalu Prasad Yadav on a plea challenging the bail granted …

Don’t grant bail if higher courts give pre-arrest relief: Supreme Court
7 years, 7 months ago

Don’t grant bail if higher courts give pre-arrest relief: Supreme Court

Firstpost  

The Supreme Court has asked trial courts to immediately discontinue with the practice of granting regular bail in cases that are pending in higher courts New Delhi: The Supreme Court has asked trial courts to immediately discontinue with the practice of granting regular bail in cases that are pending in higher courts. The apex court said an accused cannot surrender …

Ishrat Jahan case: SC asks CBI to reply to bail plea of Gujarat DSP
11 years, 3 months ago

Ishrat Jahan case: SC asks CBI to reply to bail plea of Gujarat DSP

Firstpost  

New Delhi: The Supreme Court today issued a notice to the CBI on the bail plea of suspended Deputy Superintendent of Police N K Amin who is in jail in connection with the 2004 Ishrat Jahan encounter case. A Gujarat lower court had rejected his bail plea on July 9, saying that the charge sheet filed by CBI could not …

Guj HC ends monitoring of probe in Ishrat Jahan encounter case
11 years, 7 months ago

Guj HC ends monitoring of probe in Ishrat Jahan encounter case

India TV News  

Ahmedabad, Jul 27: The Gujarat High Court yesterday ended its monitoring of probe in the Ishrat Jahan alleged fake encounter case. The division bench of Justices Jayant Patel and Abhilasha Kumari observed that as the Central Bureau of Investigation had filed a chargesheet before the special CBI court, the High Court's monitoring ended. It was the High Court which had …

Ishrat Jahan case: CBI court rejects bail of accused cop
11 years, 8 months ago

Ishrat Jahan case: CBI court rejects bail of accused cop

India TV News  

Ahmedabad, July 9: A special CBI court on Tuesday rejected the bail plea of suspended Deputy Superintendent of Police N.K. Amin in which he had contented that the charge sheet filed by CBI in the Ishrat Jahan encounter case was incomplete. Additional chief judicial magistrate S H Khutwad of the special CBI court rejected the application, saying that the applicant …

Ishrat encounter: Suspended IPS officer gets bail in Gujarat
11 years, 9 months ago

Ishrat encounter: Suspended IPS officer gets bail in Gujarat

India TV News  

Ahmedabad, May 28: The special CBI court on Monday gave bail to suspended IPS officer G L Singhal and three other Gujarat police officers arrested by the CBI in the Ishrat Jahan fake encounter case. Bail was granted as CBI failed to file charge sheet against them within the mandatory 90 days from arrest.Additional Chief Judicial Magistrate S H Khutwad …

Cops accused in Ishrat fake encounter case get bail as CBI fails to file charge sheet
11 years, 9 months ago

Cops accused in Ishrat fake encounter case get bail as CBI fails to file charge sheet

The Hindu  

A special CBI court here on Monday granted bail to senior IPS officer G.S. Singhal, and three other senior policemen, in the Ishrat Jahan fake encounter case on a personal bond of Rs. Mr. Singhal, a Gujarat cadre IPS officer, was arrested by the CBI in February this year in connection with the fake encounter of Mumbai girl Ishrat Jahan …

Bail now may hamper Jagan probe, says Supreme Court
11 years, 10 months ago

Bail now may hamper Jagan probe, says Supreme Court

The Hindu  

Economic offences are a class apart and need to be viewed differently in the matter of bail, the Supreme Court said, rejecting bail to YSR Congress leader Jagan Mohan Reddy’s plea on Thursday. “Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be considered grave offences affecting the economy as a whole and thereby posing …

Further probe will delay bail process: A. Raja
13 years, 5 months ago

Further probe will delay bail process: A. Raja

The Hindu  

The former Telecom Minister, A. Raja, on Tuesday strongly opposed in the Supreme Court any direction to the Central Bureau of Investigation for a further probe against Union Home Minister P. Chidambaram for his alleged role in the 2G spectrum allocation scam, saying that any such probe would delay the hearing of the bail applications of the accused. If further …

No interim bail for 2G scam accused
13 years, 11 months ago

No interim bail for 2G scam accused

The Hindu  

Armed with a battery of lawyers, jailed top executives of private companies facing prosecution in the 2G scam case invoked a variety of causes on Thursday to persuade the Delhi High Court to grant them bail. After more than six hours of arguments by counsel for the accused executives — Unitech Managing Director Sanjay Chandra, DB Realty Managing Director Vinod …

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