Breaking: S.45(1) Of Prevention of Money Laundering Act, 2002 So Far As It Imposes 2 Further Conditions For Bail Unconstitutional: SC
7 years, 4 months ago

Breaking: S.45(1) Of Prevention of Money Laundering Act, 2002 So Far As It Imposes 2 Further Conditions For Bail Unconstitutional: SC

Live Law  

A two Judge Bench of the Supreme Court on Thursday held that Section 45 of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, is unconstitutional as it violates Articles 14 and 21 of the Constitution of India.The Bench of Justices RF Nariman and SK Kaul was hearing writ petitions and appeals which challenged the. A two Judge Bench of the Supreme Court on Thursday held that Section 45 of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, is unconstitutional as it violates Articles 14 and 21 of the Constitution of India. The Bench of Justices RF Nariman and SK Kaul was hearing writ petitions and appeals which challenged the constitutional validity of Section 45 of the Prevention of Money Laundering Act, 2002. Section 45 imposes two conditions for grant of bail where an offence punishable for a term of imprisonment of more than 3 years under Part A of the Schedule to the Act is involved.

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History of this topic

Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC
3 weeks, 3 days ago

Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC

Live Law  

In a significant observation, the Chhattisgarh High Court has said that in the interest of upholding the fundamental rights of the citizens, the legislature must relax the 'rigid' twin conditions under Section 45 of Prevention of Money Laundering Act to provide 'wiggle room' to the courts to determine bail on a more case-to-case basis. Nevertheless, the court should also recognize …

Money Laundering Serious Offence, Courts Can't Grant Bail Casually Without Considering S.45 PMLA Conditions : Supreme Court
1 month, 2 weeks ago

Money Laundering Serious Offence, Courts Can't Grant Bail Casually Without Considering S.45 PMLA Conditions : Supreme Court

Live Law  

The Supreme Court today set aside the bail granted to the individual accused of committing money laundering after noting that the High Court failed to satisfy the twin conditions stipulated under Section 45 of the Prevention of Money Laundering Act, 2002.The Court reiterated that the conditions enumerated in Section 45 will have to be complied with even in respect. The …

Supreme Court cancels bail granted to an accused in ED case
1 month, 2 weeks ago

Supreme Court cancels bail granted to an accused in ED case

The Hindu  

The Supreme Court on Thursday cancelled the bail granted to an accused in a sand mining case being investigated by the Enforcement Directorate and directed him to surrender before the special court concerned within one week. Therefore, the burden to proof that proceeds of crime are not involved in money laundering would lie on the person charged with the offence,” …

SC grants bail to two in Waqf Board money laundering case
3 months, 2 weeks ago

SC grants bail to two in Waqf Board money laundering case

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday in it order granted bail to two men arrested in connection with the Delhi Waqf Board money laundering case. While grating bail to accused -- Zeeshan Haider and Daud Nasir, a two-judge bench of the apex court, led by Justice Abhay S Oka and Justice Augustine George Masih observed that the duo were …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 3 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, 4 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 …

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

Money laundering: Four get bail after 1K days in jail
4 months, 2 weeks ago

Money laundering: Four get bail after 1K days in jail

New Indian Express  

CHENNAI: Four men facing trial in a money-laundering case arising out of an alleged Rs 1,137 crore cheating case were given bail by a CBI court in Chennai as they had faced incarceration for more than 1,000 days. In the October 29 order, principal judge for CBI cases T Malarvalantina cited the provision of Section 479 of BNSS which entitles …

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 …

SC Rejects Restrictive Bail Conditions, Emphasizing Importance of Proportionality and Fairness
4 months, 4 weeks ago

SC Rejects Restrictive Bail Conditions, Emphasizing Importance of Proportionality and Fairness

Hindustan Times  

The Supreme Court has reaffirmed that bail conditions should be proportionate, reasonable and directly linked to ensuring judicial proceedings rather than trampling upon an individual’s civil liberties. According to the top court, any conditions imposed should be directly tied to facilitating justice, securing the accused’s presence, and preventing any misuse of freedom to interfere with the case or obstruct justice.

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

Court Rules in Favor of Jain, Striking Down PMLA Conditions
5 months, 1 week ago

Court Rules in Favor of Jain, Striking Down PMLA Conditions

The Hindu  

A Delhi court has granted bail to Aam Aadmi Party (AAP) leader and former Health Minister Satyendar Jain on Friday. The relief granted under Article 21 (right to life and personal liberty) of the Constitution is superior to the twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA). The court said that the arguments advanced by …

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court
6 months ago

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court

Live Law  

The Supreme Court while granting bail to former Tamil Nadu Minister Senthil Balaji, held that higher thresholds for granting bail in stringent penal statutes like the PMLA, UAPA, and NDPS Act cannot be a tool to keep an accused incarcerated without trial. I t is a well settled principle of our criminal jurisprudence that “bail is the rule, and jail …

A wave of SC verdicts declaw PMLA’s stringent bail provision
6 months, 4 weeks ago

A wave of SC verdicts declaw PMLA’s stringent bail provision

The Hindu  

A wave of Supreme Court judgments has seen the declawing of a stringent bail provision under the Prevention of Money Laundering Act while emphasising that liberty is the rule while jail is an exception. Justice Viswanathan, while granting bail to Jharkhand Chief Minister Hemant Soren’s aide Prem Prakash bail under the PMLA, explained that Section 45 cannot be used to …

K Kavitha’s bail: What is PMLA’s bail concession for women?
7 months ago

K Kavitha’s bail: What is PMLA’s bail concession for women?

The Hindu  

The Supreme Court on Tuesday granted bail to Bharat Rashtra Samithi leader K Kavitha in graft and money laundering cases registered by the Central Bureau of Investigation and Enforcement Directorate respectively in connection with the alleged Delhi excise policy scam. On July 1, the Delhi High Court dismissed the bail plea of the BRS leader noting that she was “well-educated” …

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases
7 months ago

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases

News 18  

The general principle of law is that the ‘bail is rule and jail is exception’, the Supreme Court observed on Wednesday, adding, that the rule applies even to money laundering cases under the Prevention of Money Laundering Act. The court’s remark came while a bench of Justices BR Gavai and KV Viswanathan was hearing a case involving one Prem Prakash, …

Bail always the norm, even in money laundering cases: SC
7 months ago

Bail always the norm, even in money laundering cases: SC

The Hindu  

The Supreme Court on Wednesday held that bail is the rule and jail is an exception even in money laundering cases. The judgment, authored by Justice Viswanathan, granted relief to Jharkhand Chief Minister Hemant Soren’s aide, Prem Prakash, in an illegal mining-related case registered by the Enforcement Directorate. The court held that Section 45 of the Prevention of Money Laundering …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 3 weeks 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 …

Bail reforms: What are bail conditions and how do they affect the accused person's rights?
8 months, 1 week ago

Bail reforms: What are bail conditions and how do they affect the accused person's rights?

Hindustan Times  

A Nigerian foreign national facing trial under sections of the NDPS Act, punishable with seven years or more, was granted conditional bail after spending eight years in prison from 2014 to 2022. These provisions empower courts to deem an accused 'indigent' if they fail to meet bail conditions within seven days of their grant, thereby enabling the court to reconsider …

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment
10 months, 4 weeks ago

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment

Live Law  

The Supreme Court on Tuesday reserved the Judgment on the issue whether an accused in a money laundering case is required to fulfil the twin conditions for bail under Section 45 of the Prevention of Money Laundering Act when he executes a bond for appearance before the Special Court in pursuance of a summons issued to him.The Bench comprising Justices …

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court
1 year ago

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court made it clear that the twin condition under Section 45 of the Prevention of Money Laundering Act, is not required to be complied with when the Court has ordered release in police custody.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if twin …

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002
1 year, 2 months ago

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002

Live Law  

Prevention of Money Laundering Act – Section 3 – Registration of ECIR – Effect of delay – Information about all complaints, the nature of the complaints, and the amount of money allegedly collected towards illegal gratification had all come into the public domain – Once a piece of information relating to the acquisition of a huge amount of illegal gratification …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year, 3 months ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

Explained | Has bail under PMLA become near-impossible?
2 years, 7 months ago

Explained | Has bail under PMLA become near-impossible?

The Hindu  

The story so far: Recently, the Supreme Court in the case of Vijay Madanlal Chaudhary vs Union of India gave the judicial stamp of approval to the twin conditions of bail under Section 45 of the Prevention of Money Laundering Act, 2002. In the case of Nikesh Tarachand Shah vs Union of India, however, the Court differentiated between the wordings …

Supreme Court decision on ambit of money laundering law, power of probe agencies today
2 years, 8 months ago

Supreme Court decision on ambit of money laundering law, power of probe agencies today

India Today  

The Supreme Court will deliver the judgment on petitions challenging the constitutionality of several provisions of the Prevention of Money Laundering Act tomorrow. The judgement assumes significance as it will address several issues concerning investigative powers, witness summoning, arrests and seizures made by the Enforcement Directorate, and the bail process under the PMLA law. The ruling will have a huge …

Unexplained, Avoidable & Prolonged Delay In Concluding Trial, Appeal Or Revision Would Be A Factor For Consideration Of Bail: Supreme Court
2 years, 8 months ago

Unexplained, Avoidable & Prolonged Delay In Concluding Trial, Appeal Or Revision Would Be A Factor For Consideration Of Bail: Supreme Court

Live Law  

Directions issued The Court issued a slew of directions as follows : a) The Government of India may consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bails. b) The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of …

Affirming the primacy of bail
2 years, 8 months ago

Affirming the primacy of bail

Hindustan Times  

An unfortunate facet of the Indian criminal justice system is the prolonged incarceration of people not convicted of any crime because of denial of bail. Despite four decades of Supreme Court jurisprudence stressing the importance of granting bail as a matter of practice and jail time only in exceptional circumstances, thousands of people continue to languish behind bars even as …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 9 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

S.45 PMLA: Twin Conditions For Bail Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Jharkhand High Court
2 years, 10 months ago

S.45 PMLA: Twin Conditions For Bail Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Jharkhand High Court

Live Law  

The Jharkhand High Court recently observed that twin conditions for bail under Section 45 of the Prevention of Money Laundering Act, 2002 that were declared unconstitutional by the Supreme Court in the case of Nikesh Tarachand Shah v. Union of India, stand revived on account of the defects purportedly being cured by the Parliament by way of 2018 Amendment Act. …

SC rejects bail plea of Maharashtra minister Nawab Malik in money laundering case
2 years, 11 months ago

SC rejects bail plea of Maharashtra minister Nawab Malik in money laundering case

India TV News  

Highlights The Supreme Court refused to grant bail to Maharashtra cabinet minister and NCP leader Nawab Malik His judicial custody has been extended till May 6 in the case involving Dawood Ibrahim Malik said they have arrested me in 2022 for something that happened in 1999 The Supreme Court on Friday refused to grant bail to Maharashtra cabinet minister and …

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

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

Live Law  

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

Supreme Court Grants Bail To Accused Who Had Undergone 6 Years For Offence Punishable With A Maximum Term of 7 Years
3 years ago

Supreme Court Grants Bail To Accused Who Had Undergone 6 Years For Offence Punishable With A Maximum Term of 7 Years

Live Law  

On Wednesday, the Supreme Court granted bail to an accused who had undergone a sentence for a period of 6 years for an offence for which the maximum term of punishment is 7 years. Maximum period for which an undertrial prisoner can be detained.—Where a person has, during the period of investigation, inquiry or trial under this Code of an …

PMLA Interpretation: Senior Lawyers Question Constitutionality Of Bail, Arrest & Attachment Procedure
3 years, 1 month ago

PMLA Interpretation: Senior Lawyers Question Constitutionality Of Bail, Arrest & Attachment Procedure

Live Law  

The Supreme Court on Wednesday continued hearing the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act, 2002.The matter was listed before the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar.Submission Of CounselsSubstance Of PMLA Is That It's Impossible For Accused & Judge Per Se To Give Bail Which Amounts To. Explanation Under …

S.45 PMLA: Twin Conditions For Bail That Were Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Bombay High Court
3 years, 1 month ago

S.45 PMLA: Twin Conditions For Bail That Were Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Bombay High Court

Live Law  

In a recent case, a two-judge bench of the Bombay High Court noted that the twin conditions for bail in section 45 of the Prevention of Money Laundering Act, 2002 which were declared unconstitutional by the judgment of the Apex Court in Nikesh T.Shah Vs. Union of India 11 SCC 1, stand revived in view of the Legislative intervention vide …

Bail Under PMLA 2002: The Post Amendment Scenario
3 years, 8 months ago

Bail Under PMLA 2002: The Post Amendment Scenario

Live Law  

Prevention of Money Laundering Act, 2002 is special statute enacted with the avowed object to prevent money-laundering and deal with this serious threat to the Indian financial system. Offences to be cognizable and non-bailable.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence punishable for a term of imprisonment of more than three …

'No Likelihood Of Trial Being Completed'; SC Grants Bail To Undertrial Languishing In Jail For 9 Years
4 years ago

'No Likelihood Of Trial Being Completed'; SC Grants Bail To Undertrial Languishing In Jail For 9 Years

Live Law  

The Supreme Court on Monday granted bail to an accused in a murder case who had been languishing in jail for 9 years while observing that there was no likelihood of the trial being completed. A Bench of Justices RF Nariman and BR Gavai were hearing an SLP challenging an order passed on December 3, 2019, passed by the Allahabad …

An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court
4 years, 2 months ago

An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court

Live Law  

The Supreme Court has held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by policeIn this case, Kamlesh was accused of committing offences under Sections 406, 409, 420, 467, 468, 471, 477-A, 201, 120-B of Indian Penal Code and Section 5 of the Prize Chits Money Circulation Scheme, 1978 and Section 65 …

'How S.124A Is Added?,Is It A Cruel Hand Of The State, Which Is Running Over?', U'khand HC Asks While Granting Interim Bail to Journalist In A Sedition Case
4 years, 6 months ago

'How S.124A Is Added?,Is It A Cruel Hand Of The State, Which Is Running Over?', U'khand HC Asks While Granting Interim Bail to Journalist In A Sedition Case

Live Law  

The Uttarakhand High Court on Thursday posed a series of detailed and serious questions for the State Government to answer by way of filing a counter-affidavit and granted interim bail to the applicant until the instant bail application is decided. The background of the case Dr. Harendra Rawat, a resident of Dehradun, had filed a case against Journalist Rajesh Sharma …

SC To Examine Whether It's Order On Extension Of Limitation Affect An Accused' Right To Default Bail Under Section 167(2) CrPC
4 years, 10 months ago

SC To Examine Whether It's Order On Extension Of Limitation Affect An Accused' Right To Default Bail Under Section 167(2) CrPC

Live Law  

The Supreme Court on Thursday issued notice on the SLP preferred against the May 11 order of the Madras High Court holding that the accused cannot claim 'default' bail taking advantage of the March 23 suo moto order the Supreme Court to extend limitation periods in view of the COVID-19 lockdown. The SLP urges that the High Court did not …

SC Order For Extension Of Limitation Does Not Affect An Accused' Right To Default Bail Under Section 167(2) CrPC: Kerala HC [Read Order]
4 years, 10 months ago

SC Order For Extension Of Limitation Does Not Affect An Accused' Right To Default Bail Under Section 167(2) CrPC: Kerala HC [Read Order]

Live Law  

The Kerala High Court has held that the Supreme Court order dated March 23, 2020, whereby the period of limitation for filing cases was extended in view of the COVID-19 lockdown, does not affect the right of an accused to default bail under Section 167 of CrPC. While making these observations, the bench expressed its concurrence with the verdict of …

Bail Cannot Be Made Conditional Upon Heavy Deposits Beyond The Financial Capacity Of Applicant : SC [Read Order]
5 years, 9 months ago

Bail Cannot Be Made Conditional Upon Heavy Deposits Beyond The Financial Capacity Of Applicant : SC [Read Order]

Live Law  

Holding that bail cannot be made conditional upon heavy deposit beyond the financial capacity of the applicant, the Supreme Court has modified an order passed by the Madras High Court.The applicant was one M D Dhanapal, who was the Chief Priest of a temple in Thiruchirappalli district in Tamil Nadu, where seven pilgrims had died on April 20 in a …

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]
9 years, 4 months ago

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]

Live Law  

Jharkhand High Court has referred to Division bench, to answer a question whether in an anticipatory bail application preferred under section 438 Cr.P.C., the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C.Reference was sought by the Single Bench of Jharkhand High Court in Kumar Anubhav Vs. State of Jharkhand wherein the petitioner …

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]
9 years, 4 months ago

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]

Live Law  

Jharkhand High Court has referred to Division bench, to answer a question whether in an anticipatory bail application preferred under section 438 Cr.P.C., the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C.Reference was sought by the Single Bench of Jharkhand High Court in Kumar Anubhav Vs. State of Jharkhand wherein the petitioner …

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