S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC
1 month, 2 weeks ago

S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC

Live Law  

The Delhi High Court has ruled that the trial courts must promptly pass orders and must not mechanically adjourn bail applications moved in cases covered by Section 479 of Bharatiya Nagarik Suraksha Sanhita, 2023, where the undertrial prisoners have already undergone one half of the maximum imprisonment. The Court was informed that while the bail application was filed by him in November, 2024, the jail authorities had forwarded a letter to the Trial Court in December last year regarding completion of his one-third of the maximum sentence which may be awarded to him in case of his conviction in the case. His counsel submitted that the Trial Court had failed to adjudicate the bail application for the last two months and the benefit of Section 479 of BNSS was being denied to the accused. Noting that the plea of the accused remains un-adjudicated before the Trial Court till date, the Court said: “… it is discouraging to note that despite the mandate of Section 479 of BNSS, as noted above, and a report in this regard having already been sent by the Jail authorities and a bail application having also been moved, the learned Trial Court had adjourned the matter on several occasions in a mechanical manner, and even after recording on 08.01.2025 that the report qua the previous involvement of the accused had been received, a date of almost 20 days was given in the present case.” Justice Sharma directed the Trial Court to decide the bail application of the accused, in terms of Section 479 of BNSS, within seven days.

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History of this topic

HP scholarship scam: CBI court dismisses 2nd bail plea of accused ED officers
1 day, 5 hours ago

HP scholarship scam: CBI court dismisses 2nd bail plea of accused ED officers

Hindustan Times  

The court of CBI special judge Alka Malik on Monday dismissed the second bail plea of two accused ED officers in a bribe case upholding that mere submission of chargesheet does not make it a case for grant of bail. The court dismissed the second bail plea of accused ED officers Vikas Deep and Niraj in the case. In the …

Supreme Court Rejects Bail Plea Of Former Gujarat IAS Officer Pradeep Sharma In 2023 Illegal Land Allotment Case
2 days, 2 hours ago

Supreme Court Rejects Bail Plea Of Former Gujarat IAS Officer Pradeep Sharma In 2023 Illegal Land Allotment Case

Live Law  

The Supreme Court today rejected bail to retired IAS officer Pradeep Nirankarnath Sharma in connection to a 2023 illegal land allotment case lodged at Bhuj in Kutch. The FIR against him was lodged in 2023 under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR registered with the CID Crime Boarder Zone …

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court
5 days, 20 hours 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 …

Allahabad HC grants bail to ex-SP MLA Irfan Solanki in 2022 extortion case
1 week, 1 day ago

Allahabad HC grants bail to ex-SP MLA Irfan Solanki in 2022 extortion case

Hindustan Times  

The Allahabad high court on Monday granted bail to former Samajwadi Party MLA Irfan Solanki and his brother Rizwan Solanki in an extortion case pending in Kanpur Nagar. The bail application was filed on behalf of the applicants in the criminal case registered in 2022 under section 386 of Indian Penal Code at Jajmau police station of Kanpur Nagar. While …

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail
1 week, 4 days ago

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail

Live Law  

Observing that the case shows "distressing picture of the criminal justice system's failure", the Punjab & Haryana High Court has set aside condition to pay Rs.1.10 crore in bail bond for granting default bail to an accused in Tax Fraud case. It further said that the failure to release the petitioner under Section 479 BNSS, when his right to default …

'Conduct Not In Accordance With Dignity Of AG's Office': Chhattisgarh HC Denies Anticipatory Bail To Ex-Advocate General In 'NAN Scam' Case
1 month ago

'Conduct Not In Accordance With Dignity Of AG's Office': Chhattisgarh HC Denies Anticipatory Bail To Ex-Advocate General In 'NAN Scam' Case

Live Law  

The Chhattisgarh High Court has rejected anticipatory bail to former Advocate General Satish Chandra Verma for his alleged involvement in the 'Nagarik Apurti Nigam' scam and misusing his constitutional office to influence outcomes of certain cases in favour of top administrative officers of the State. At that time, he was the Advocate General of the State and he ought not …

Legal Expatiate, Certificate Course, Draftng And Pleadng, Bail
1 month, 1 week ago

Legal Expatiate, Certificate Course, Draftng And Pleadng, Bail

Live Law  

In this dynamic course, you'll delve into the drafting and pleading of regular and anticipatory bail applications in trial and High court. TOPICS COVERED Day I - Bailable & Non bailable offence in BNS - ⁠Types of Bail in BNS and BNSS - ⁠Concept of anticipatory bail in BNS Day 2 - Art of drafting and contesting anticipatory bail applications …

Delhi court grants bail to CEO, coordinator in UPSC coaching drowning case
1 month, 1 week ago

Delhi court grants bail to CEO, coordinator in UPSC coaching drowning case

Hindustan Times  

A Delhi court on Monday granted bail to RAU's IAS Study Circle former CEO Abhishek Gupta and coordinator Deshpal Singh in a case related to the drowning of three aspirants at the basement of the coaching centre in Old Rajinder Nagar in July 2024. RAU's IAS Study Circle former CEO Abhishek Gupta and coordinator Deshpal Singh granted bail. Principal district …

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017
1 month, 2 weeks ago

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017

Live Law  

While granting bail to a man accused of murder, the Allahabad High Court observed that it was regrettable that the applicant was kept in prison for more than 7 years without the trail ending anytime soon. Justice Krishan Pahal held, “Keeping the applicant in custody under these circumstances, when there is no realistic possibility of the trial being concluded in …

Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners: Kerala High Court
1 month, 2 weeks ago

Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners: Kerala High Court

Live Law  

The Kerala High Court recently held that the benefit of Section 479 of BNSS, particularly the first proviso thereof, cannot be applied retrospectively to convicted prisoners. He pleaded before the Court to suspend his sentence as per the first proviso of Section 479 of BNSS. “The Apex Court as per the aforesaid order has extended the benefit of the first …

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman
1 month, 2 weeks 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 …

Why 2-Judge Benches Hear Bail Applications? Supreme Court Questions Calcutta High Court Practice, Seeks Report
1 month, 2 weeks ago

Why 2-Judge Benches Hear Bail Applications? Supreme Court Questions Calcutta High Court Practice, Seeks Report

Live Law  

The Supreme Court recently questioned the practice of the Calcutta High Court hearing regular and anticipatory bail applications before Division Benches instead of Single Judges, as is the norm in other High Courts. “When there is a huge filing and pendency of the bail applications, we wonder why regular bail applications and anticipatory bail applications are being heard by the …

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]
1 month, 3 weeks 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 …

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
1 month, 3 weeks ago

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the rights of an accused enshrined under Article 21 of the Constitution of India prevail over the restrictions on grant of bail mentioned under Section 37 of the Narcotic Drugs And Psychotropic Substances Act, 1985. “I am of the view that the restrictions given under section 37 of NDPS Act cannot take precedence …

Supreme Court divided over AIMIM candidate Tahir Hussain’s interim bail plea to canvas for and contest in Delhi Assembly polls
1 month, 3 weeks ago

Supreme Court divided over AIMIM candidate Tahir Hussain’s interim bail plea to canvas for and contest in Delhi Assembly polls

The Hindu  

The Supreme Court on Wednesday delivered a split verdict on a plea for interim bail by AIMIM candidate Tahir Hussain to campaign and contest in the Delhi Assembly elections. “And elections in India happen all round the year… To allow interim bail to canvass for or contest in elections will open a Pandora’s box,” Justice Mithal cautioned. Cite Kejriwal case …

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail
Trending News
1 month, 3 weeks ago

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail

The Hindu  

The Supreme Court on Tuesday asked Delhi Police to respond to a plea filed by former Councillor and Delhi riots accused Tahir Hussain, who has sought interim bail to campaign for the upcoming Delhi Assembly polls. Senior advocate Siddharth Aggarwal, appearing for Mr. Hussain, submitted the former Councillor was in custody for over four years and inciting a mob during …

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

'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 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 …

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

Calcutta High Court Denies Bail To Former Education Minister Partha Chatterjee, Four Others In Recruitment Scam Case
2 months, 3 weeks ago

Calcutta High Court Denies Bail To Former Education Minister Partha Chatterjee, Four Others In Recruitment Scam Case

Live Law  

The Calcutta High Court has denied bail to former education minister Partha Chatterjee and four others, namely Subiresh Bhattacharjee, Kalyanmoy Gangopadhyay, Ashok Saha and Shanti Prasad Sinha in the infamous cash-for-jobs recruitment scam.Earlier a division bench had delivered a split verdict on the bail applications of the petitioners.On this occasion Justice Tapabrata Chakraborty denied. The Calcutta High Court has denied …

Kolkata HC rejects bail pleas of Partha Chatterjee in school jobs case
2 months, 3 weeks 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, …

Supreme Court Issues Notice In Bail Plea Of Azam Khan & Son In Stolen Machine Case
3 months ago

Supreme Court Issues Notice In Bail Plea Of Azam Khan & Son In Stolen Machine Case

Live Law  

The Supreme Court yesterday issued notices in Special Leave Petitions filed by Samajwadi Party leader Mohammad Azam Khan, former member of the Uttar Pradesh Legislative Assembly from Rampur and his son Mohammed Abdullah Azam Khan, former member of the Legislative Assembly from Suar constituency challenging January 29 order of the Allahabad High Court refusing to grant them bail in. The …

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

SC grants bail to two men in Delhi Waqf Board money laundering case
3 months, 1 week ago

SC grants bail to two men in Delhi Waqf Board money laundering case

Hindustan Times  

New Delhi, The Supreme Court on Wednesday granted bail to two men arrested in connection with the Delhi Waqf Board money laundering case, taking note of their prolonged incarceration and unlikelihood that the trial would begin in the near future. SC grants bail to two men in Delhi Waqf Board money laundering case A bench comprising Justices Abhay S Oka …

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra
3 months, 1 week ago

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra

Live Law  

The Calcutta High Court has granted bail to recruitment scam accused Sujay Krishna Bhadra. Bhadra's firm was linked with transfer of proceeds of crime to M/S Leaps & Bounds Pvt Ltd, a company linked with AITC MP Abhishek Banerjee.Justice Suvra Ghosh granted bail and held: The case essentially hinges on the statement of the petitioner and the co-accused and recovery …

IIT-BHU gang rape: Third accused granted bail after 11 months in jail
3 months, 2 weeks ago

IIT-BHU gang rape: Third accused granted bail after 11 months in jail

Hindustan Times  

The Allahabad high court has granted bail to Saksham Patel, the third accused in the 2023 gang rape of an Indian Institute of Technology-Banaras Hindu University student. Two other accused, Kunal Pandey and Abhishek Chauhan, were granted bail earlier. Justice Karunesh Singh Pawar, while allowing Patel’s bail application, noted, “Considering the submissions made, the record, and the fact that Patel …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 2 weeks 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
3 months, 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
3 months, 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 …

Calcutta High Court Grants Bail To Suspended TMC Youth Vice-President In Recruitment Scam Case
3 months, 2 weeks ago

Calcutta High Court Grants Bail To Suspended TMC Youth Vice-President In Recruitment Scam Case

Live Law  

The Calcutta High Court has granted bail to former Trinamool Congress youth leader Santanu Banerjee, who was being investigated by the Enforcement Directorate in the multi-crore cash for jobs recruitment scam.Banerjee was one of the many key figures who were arrested by the ED in connection with the scam.In an order granting him bail, subject to stringent conditions, Justice Suvra …

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court
3 months, 2 weeks ago

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court

Live Law  

The Karnataka High Court has rejected the bail plea of 73-year-old K Ramakrishna, former Chairman of Guru Raghavendra Sahakara Bank Niyamitha and Sri Guru Sarvabhauma Souhanda Credit Co-operative Ltd, booked under Prevention of Money Laundering Act, for allegedly de-frauding the bank to the tune of Rs.1,553 Crores by creating fictitious documents and granting loan in favour of fictitious persons. The …

Telangana HC Extends Bail to Bhujanga Rao
4 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 …

Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court
4 months ago

Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court

Live Law  

The Gauhati High Court on Monday held that all pre-arrest bail, regular bail, and criminal petitions filed after July 01, 2024 in respect of FIR registered prior to July 01, 2024 i.e. The division bench comprising the Chief Justice Vijay Bishnoi and Justice Devashis Baruah was hearing a reference by a Single Judge bench of Gauhati High Court on the …

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
4 months, 1 week ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
4 months, 1 week ago

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

Live Law  

Allahabad High Court: IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court Case title - Kajal And Another vs. State Of U.P. Kerala High Court: S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court Case Title: Sajith v State …

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, 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
4 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
5 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 …

PMLA case:Former Punjab minister Ashu forced to withdraw bail plea due to lawyers’ goof up
5 months, 3 weeks ago

PMLA case:Former Punjab minister Ashu forced to withdraw bail plea due to lawyers’ goof up

Hindustan Times  

Jalandhar: Former Punjab minister Bharat Bhushan Ashu, who was arrested by Enforcement Directorate in a food grain transportation scam, was left red-faced as he had to withdraw his bail petition after his team of lawyers inadvertently impleaded the state of Punjab as the respondent instead of the central agency. Former Punjab minister Bharat Bhushan Ashu was arrested by the Enforcement …

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench
6 months, 1 week ago

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench

Live Law  

The Punjab and Haryana High Court has referred the issue of applicability of the Bharatiya Nagarik Suraksha Sanhita, 2023 to a larger bench.Justice Harpreet Singh Brar disagreed with the opinion in Axxx v. UT Chandigarh where Justice Sumeet Goel had held that if a FIR is lodged under IPC but the application or petition in relation to it is filed …

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
6 months, 1 week 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, …

SC fast-tracks process for release of undertrials under new criminal laws
6 months, 3 weeks ago

SC fast-tracks process for release of undertrials under new criminal laws

Hindustan Times  

New Delhi: The Supreme Court on Friday fast-tracked the premature release of undertrials and first-time offenders who have completed half or one-third of their maximum sentence by directing the jail superintendents across the country to process applications of all eligible prisoners under the newly enacted Bharatiya Nagarik Suraksha Sanhita within two months. This comes after the Centre on Friday informed …

Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024
6 months, 3 weeks ago

Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024

Live Law  

In a significant development, the Supreme Court today held that Section 479 of Bharatiya Nagarik Suraksha Sanhita - the replacement of the Code of Criminal Procedure- would apply retrospectively to the undertrials across the country. It means that the provision will apply to all undertrials in cases was registered before July 1, 2024.As per Section 479 BNSS,. As per Section …

Allahabad HC relief to SP MLA in 2021 criminal case
7 months, 1 week ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after …

Bombay High Court Denies Bail To Sanjay Chhabria Booked In Yes Bank-DHFL Multi-Crore Scam
8 months, 1 week ago

Bombay High Court Denies Bail To Sanjay Chhabria Booked In Yes Bank-DHFL Multi-Crore Scam

Live Law  

The Bombay High Court on Wednesday dismissed the bail application of developer Sanjay Chhabria of the Radius Group, involved in a money laundering case related to the multi-crore Yes Bank-DHFL Scam.This is the second time that Chhabria's bail was rejected by the High Court. The Bombay High Court on Wednesday dismissed the bail application of developer Sanjay Chhabria of the …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
8 months, 2 weeks 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 …

Soumya Vishwanathan murder case: SC to hear DP's SLP challenging bail to four convicts on July 8
8 months, 2 weeks ago

Soumya Vishwanathan murder case: SC to hear DP's SLP challenging bail to four convicts on July 8

New Indian Express  

NEW DELHI : On July 8, the Supreme Court will hear Delhi Police’s Special Leave Petition challenging the bail granted by Delhi HC to four life convicts in the 2008 TV journalist Soumya Vishwanathan murder case. Earlier on April 22, 2024, a bench led by Justice Trivedi had also issued notice to Delhi police and the four convicts -- Ravi …

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent
8 months, 3 weeks ago

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent

Live Law  

The Bombay High Court recently granted bail to a man booked for allegedly stripping three teenagers, inserting fingers in the anus, abusing them and assaulting them with a leather belt. “After going through the FIR and the allegations made in the FIR against the Applicant coupled with the material collected during investigation, prima facie nothing is brought on record to …

Delhi Court refuses bail to Bibhav Kumar in Swati Maliwal assault case
9 months, 1 week ago

Delhi Court refuses bail to Bibhav Kumar in Swati Maliwal assault case

Op India  

Delhi’s Tis Hazari Court dismissed the regular bail plea of Bibhav Kumar, former aide to Delhi Chief Minister Arvind Kejriwal, in the Swati Maliwal assault case on Saturday. Special judge Ekta Gauba Mann dismissed the regular bail plea of Bibhav Kumar. There is also apprehension that the accused Bibhav Kumar would influence the witnesses, if at liberty, So I do …

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