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

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

Live Law  

While answering a reference with respect to the scope of Section 14A of The Scheduled Castes And The Scheduled Tribes Act, the Madhya Pradesh High Court held that a second criminal appeal against the Special Court or the Exclusive Special Court's original order rejecting bail is not maintainable. If such an application is preferred, the same may be considered by the Special Court on demonstrating any change in circumstances and needless to mention that the Special Court or Exclusive Special Court may pass an order on its own without being influenced by the order of dismissal of the appeal by the High Court or the earlier order of grant or refusal of bail by the Special Court.” The present matter involved a reference question as to “Whether a second criminal appeal is maintainable against the same impugned order rejecting bail, after rejection of first criminal appeal under Section 14 of the SC and ST Act and the accused is not required to file a fresh application for grant of bail before the Special Court after dismissal of first criminal appeal by this Court.” When the matter came up before the Single Judge, he found two divergent views on the issue in question expressed by two different learned Single Benches. Sub-section of Section 14A further provides that an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail. The Court thereafter relied on the judgement of High Court Chhattisgarh in Dushyant Pandey vs. State of Chhattisgarh wherein the Court relying on the provision of Section 14A of the Special Act held that once the appeal has been dismissed by the High Court on merit, the subsequent appeal under any change of circumstances would not be directly maintainable and the only remedy to the accused is to file an application before the Special Court for grant of bail.

Appeal Court Bail Criminal Appeal Order High Act Special Chhattisgarh Madhya Pradesh Exclusive Special Court Circumstances Section 14 Section 14A Changed Circumstances Maintainable Repeat Section 439 Of Exclusive Special Court Repeat Appeal  court  plea  appeal  act  repeat  scst  mp  maintainable  circumstances  order  bail  exclusive  merits  special  high  hc

History of this topic

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court
1 month, 1 week ago

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a bail application solely on the ground that the Apex Court had not permitting the filing of a fresh application.The Court reiterated that the filing of a fresh bail application, after the dismissal of an earlier bail application or the cancellationtion of the bail granted, was a right. The …

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
3 months ago

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest

Live Law  

The Supreme Court delivered several notable judgments in 2024 on the parameters for bail and powers of arrest. PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme Court Case Title : Arvind Kejriwal v. Directorate of Enforcement | 2024 LiveLaw 463 Coram : Justice Sanjiv Khanna and Justice …

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

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
3 months, 1 week ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
3 months, 3 weeks ago

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court

Live Law  

The Supreme Court has observed that in serious offences like murder, rape, dacoity etc., bail applications of the accused should not be ordinarily entertained by the Trial Courts and the High Courts. "Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or …

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court
3 months, 3 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 …

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, 2 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 …

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
6 months, 2 weeks ago

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

Live Law  

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

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 …

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
10 months, 3 weeks ago

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court

Live Law  

While denying bail to a man accused of murdering a person belonging to the marginalized community, the Madras High Court has stressed that while considering bail applications in connection with offenses under the SC/ST Act, the courts should refrain from granting bail merely based on period of detention. Selvakumar argued that the Special Court had granted bail to the co-accused …

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC
1 year ago

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC

Live Law  

The Allahabad High Court recently clarified that the criminal cases in which the accused are not charge-sheeted under the SC/ST Act are liable to be processed under the provisions of CrPC, even if the offence is being tried by the special court established under the SC/ST Act.A bench of Justice Ajay Bhanot observed thus while dealing with an application filed …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 1 month 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 …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
1 year, 1 month ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court
1 year, 4 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 …

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court
1 year, 9 months ago

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court

Live Law  

The Delhi High Court has ruled that the discretion of an applicant to choose either High Court or trial court for moving anticipatory bail plea cannot be restricted by construing section 438 of CrPC narrowly. Analyzing the provision, a vacation bench of Justice Chandra Dhari Singh said that there is no bar on approaching the High Court directly for seeking …

Juvenile Directed To Be Tried As Adult Can Seek Bail From Children's Court U/S 12 JJ Act, Need Not Resort To CrPC: Karnataka High Court
2 years ago

Juvenile Directed To Be Tried As Adult Can Seek Bail From Children's Court U/S 12 JJ Act, Need Not Resort To CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that once an order is passed under Section 15 of the Juvenile Justice Act, holding that a child in conflict with law is required to be tried for heinous offences as an adult, the JJ Board has no jurisdiction to consider the bail application pending before it. A single judge bench of …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
2 years ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
2 years, 1 month ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court
2 years, 2 months ago

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court

Live Law  

Once the court extends the judicial custody of an accused, the refusal of sanction to prosecute will not invalidate the extension of custody, the Bombay High Court has held while refusing to grant default bail in a case under the Maharashtra Control of Organised Crime Act, 1999. Though the petitioners applied for bail 30 minutes before the charge sheet was …

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court
2 years, 3 months ago

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court

Live Law  

The Supreme Court has reiterated that Section 300 CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.The court was hearing a Criminal Appeal that was filed assailing the judgment and order passed by the High Court of Kerala in Criminal Appeal Nos. The Supreme Court has …

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC
2 years, 3 months ago

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

[NDPS Act] Can Bail Be Granted In View Of Custody Period Without Satisfying Twin Conditions When Commercial Quantity Is Recovered? P&H HC Larger Bench To Decide
2 years, 3 months ago

[NDPS Act] Can Bail Be Granted In View Of Custody Period Without Satisfying Twin Conditions When Commercial Quantity Is Recovered? P&H HC Larger Bench To Decide

Live Law  

Taking note of the contradictory views of co-ordinate benches on applicability of Section 37 of NDPS Act in bail matters where accused booked for possession of commercial quantity have been in custody for a long duration, a single bench of Punjab and Haryana High Court has referred the matter to the Chief Justice for constitution of a larger bench. "In …

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused
2 years, 6 months ago

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused

Live Law  

The Kerala High Court on Monday dismissed the appeals challenging a Special Court's order cancelling the bail granted to 11 accused persons in case of lynching of a tribal youth in February 2018. The Court in the instant case ascertained that the following important questions arose before it for consideration: Firstly, whether the Court of Session, in the exercise of …

Supreme Court Directs Ex-Karnataka MLC To Surrender Before the Trial Court And Seek Regular Bail In SC/ST Act Case
2 years, 6 months ago

Supreme Court Directs Ex-Karnataka MLC To Surrender Before the Trial Court And Seek Regular Bail In SC/ST Act Case

Live Law  

The Supreme Court, on Monday, directed ex-Karnataka Member of Legislative Council, Shrikanth to surrender before the Trial Court within two weeks in connection with a criminal case, inter alia, registered for offences punishable under Section 3 and Section 3 of Scheduled Castes and Scheduled Tribes Act, 1989. Justice Chandrachud reminded Mr. Kamat that he was referring to an English translation …

Section 14A Of SC/ST Act Contains No Limitation Period To Bar Filing Of Appeal Against Order Under 1989 Act: Allahabad High Court
2 years, 7 months ago

Section 14A Of SC/ST Act Contains No Limitation Period To Bar Filing Of Appeal Against Order Under 1989 Act: Allahabad High Court

Live Law  

The Allahabad High Court has observed that Section 14A of SC/ST Act, 1989 puts no limitation on filing an appeal against an order under the provisions of the 1989 Act.The Bench of Chief Justice Rajesh Bindal, Justice Ajai Kumar Srivastava-I and Justice Saurabh Lavania clarified that after the Allahabad High Court struck down the second proviso to sub-section. The Allahabad …

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 …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 9 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

Supreme Court Criminal Digest -April 2022
2 years, 10 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

Allahabad High Court Grants Bail To A Murder-Convict In Jail For 17 Years In View Of SC's Order In 'Saudan Singh' Case
2 years, 11 months ago

Allahabad High Court Grants Bail To A Murder-Convict In Jail For 17 Years In View Of SC's Order In 'Saudan Singh' Case

Live Law  

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, the Allahabad High Court on Thursday granted bail to one Hari Bhawan who has already served over a total of 17 years in jail.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent …

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case
2 years, 11 months ago

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case

Live Law  

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, the Allahabad High Court on Wednesday granted bail to one Fareed who has already served over a total of 16 years in jail.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent observations …

Indefinite Adjournment Of Anticipatory Bail Plea, That Too After Admitting It, Detrimental To Personal Liberty : Supreme Court
3 years ago

Indefinite Adjournment Of Anticipatory Bail Plea, That Too After Admitting It, Detrimental To Personal Liberty : Supreme Court

Live Law  

The Supreme Court has disapproved the course adopted by the Chhattisgarh High Court in admitting an anticipatory bail application with a further direction to list in due course, without considering an application seeking interim protection.While disapproving the course adopted as a matter of procedure, a Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli observed that. The …

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates
3 years, 1 month ago

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates

Live Law  

Reiterating that the date of remand will be computed while considering an application for statutory bail, Madras High Court observed that the right to default bail is part of the procedure established by law under Article 21 of the Constitution, hence an indefeasible fundamental right.The single-judge bench of Justice M. Nirmal Kumar was considering the plea by a POCSO accused, …

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail
3 years, 2 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail

Live Law  

If the role attributed to the accused in an offence is prima facie less serious than the role attributed to the co-accused who have been granted the benefit of bail under S.438 CrPC and under S.439 CrPC, and if the accused is a first-time offender, then he deserves an opportunity to course-correct and the opportunity of bail cannot be denied …

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 …

SC/ST Act - Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory : Supreme Court
3 years, 4 months ago

SC/ST Act - Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory : Supreme Court

Live Law  

The Supreme Court observed that requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory.The bench of Justices DY Chandrachud and BV Nagarathna observed that, as per this requirement, a reasonable and timely notice must be issued to the victim or their dependent.Under Section 15A, a victim or. …

SC/ST Act Offences - Petition U/S 482 CrPC Not Maintainable Against The Order Taking Cognizance; Only Appeal U/S 14A(1) Maintainable": Allahabad High Court
3 years, 5 months ago

SC/ST Act Offences - Petition U/S 482 CrPC Not Maintainable Against The Order Taking Cognizance; Only Appeal U/S 14A(1) Maintainable": Allahabad High Court

Live Law  

The Allahabad High Court on Tuesday held that an Application U/s 482 Cr.P.C. can't be filed against a cognizance order passed by Special Judge in an SC/ST Act Offence and that against such an order, only an appeal shall lie before the High Court under Section 14A of the S.C./S.T. In this matter, an application under 482 CrPC was moved …

Supreme Court flags delay in listing of bail application for more than a year before Haryana High Court
3 years, 9 months ago

Supreme Court flags delay in listing of bail application for more than a year before Haryana High Court

The Hindu  

A “shocked” Supreme Court found that a bail application had not even been listed for hearing for more than a year before the Punjab and Haryana High Court, that too at a time when judiciary is going the extra distance to hear cases virtually. The top court said it normally did not intervene with the operations of the High Courts, …

High Courts Can Grant Protection To Accused While Dismissing Anticipatory Bail Plea In Exceptional Circumstances: Supreme Court
3 years, 9 months ago

High Courts Can Grant Protection To Accused While Dismissing Anticipatory Bail Plea In Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court observed that a High Court, while dismissing anticipatory bail applications, can issue protective orders only when there are exceptional circumstances.The bench headed by CJI Ramana also observed that such orders should explain the reasons for issuing such protection. The Supreme Court observed that a High Court, while dismissing anticipatory bail applications, can issue protective orders only when …

Court Can't Obviate Duty to Record Reasons While Deciding on Bail, Says SC
3 years, 11 months ago

Court Can't Obviate Duty to Record Reasons While Deciding on Bail, Says SC

News 18  

A court cannot obviate its duty to record reasons while deciding on bail as the matter implicates the liberty of accused, interest of the state and the victims in proper administration of criminal justice, the Supreme Court said on Tuesday. The apex court said that consent of parties cannot obviate the duty of high court to indicate its reasons why …

'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 …

Successive Anticipatory Bail Applications Ought Not To Be Entertained On Specious Ground Of 'Changed Circumstances' : Supreme Court
4 years, 1 month ago

Successive Anticipatory Bail Applications Ought Not To Be Entertained On Specious Ground Of 'Changed Circumstances' : Supreme Court

Live Law  

The Supreme Court, in an order passed on Thursday, observed that successive anticipatory bail applications ought not to be entertained.In this case, the first and second anticipatory bail applications moved by the accused was dismissed by the High Court. The Supreme Court, in an order passed on Thursday, observed that successive anticipatory bail applications ought not to be entertained. "As …

S.18 of SC/ST Act-Unless The 'Offender's Action Is Impelled By The Consideration That The Victim Is A Member Of 'SC or ST', Bar For Anticipatory Bail Won't Apply
4 years, 2 months ago

S.18 of SC/ST Act-Unless The 'Offender's Action Is Impelled By The Consideration That The Victim Is A Member Of 'SC or ST', Bar For Anticipatory Bail Won't Apply

Live Law  

In a significant judgment, a Single Judge Bench of the Delhi High Court comprising of Justice Anup Jairam Bhambhani on Tuesday while granting anticipatory bail to an accused charged under Scheduled Caste and Scheduled Tribe Act, 1989 held that the anticipatory bail application under Sec. POINTS OF CONSIDERATION BEFORE THE BENCH The High Court while dealing with the grant of …

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 …

Should Plea Against Sessions Court Order Denying Bail Under UAPA Be Placed Before Division Bench?: Madras HC Refers Question To Larger Bench
4 years, 2 months ago

Should Plea Against Sessions Court Order Denying Bail Under UAPA Be Placed Before Division Bench?: Madras HC Refers Question To Larger Bench

Live Law  

The Madras High Court recently referred to a larger bench the question whether an application against the order passed by a Sessions Court under the Unlawful Activities Act should be placed before a Single Judge or before a Division Bench of the High Court. The Government Advocate had opposed the plea on the ground that the single-Bench is not competent …

Default Bail Granted Erroneously Can Be Cancelled By High Court U/s 439(2) CrPC: Supreme Court
4 years, 4 months ago

Default Bail Granted Erroneously Can Be Cancelled By High Court U/s 439(2) CrPC: Supreme Court

Live Law  

The Supreme Court has observed that a 'default bail' illegally or erroneously granted under Section 167 Cr.PC can be cancelled under Section 439 Cr.PC.In this case, the High Court had allowed the petition filed under Section 439 CrPC, by the Intelligence Officer, Directorate of Revenue Intelligence, Bangalore Zonal Unit, Bangalore, requesting to cancel the regular bail granted to. The Supreme …

Bail Granted Under SC/ST Atrocities Act May Be Recalled/ Cancelled Under Crpc; Procedure Under POCSO Act Prevails Over SC/ST Act: MP HC [Read Judgment]
4 years, 5 months ago

Bail Granted Under SC/ST Atrocities Act May Be Recalled/ Cancelled Under Crpc; Procedure Under POCSO Act Prevails Over SC/ST Act: MP HC [Read Judgment]

Live Law  

In a significant judgment, the Gwalior Bench of the Madhya Pradesh High Court discussed the scope of bail granted to an accused under the Scheduled Caste and Scheduled Tribes Act and it was held, "High Court can entertain application under Section 439 of Cr.P.C. Section 14-A of Atrocities Act provides that an appeal shall lie to the High Court against …

[Offences Under The POCSO Act] Sessions Court Can't Entertain Anticipatory Bail Pleas; Only Special POCSO Courts Are Empowered To Do So: Madras HC [Read Order]
4 years, 5 months ago

[Offences Under The POCSO Act] Sessions Court Can't Entertain Anticipatory Bail Pleas; Only Special POCSO Courts Are Empowered To Do So: Madras HC [Read Order]

Live Law  

The Madras High Court on Wednesday ruled that the Special courts, as designated under the provisions of Protection of Children from Sexual Offences Act, 2012 alone are empowered to entertain pre-arrest bail petitions in respect of offences under the POCSO Act. Background Notably, a petition under Section 438 of Cr.P.C., seeking anticipatory bail for the offences punishable under Sections 5 …

Interim Bail In Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC [Read Judgment]
4 years, 5 months ago

Interim Bail In Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC [Read Judgment]

Live Law  

The Madras High Court has observed that interim bail in habeas corpus petitions challenging preventive detention can be granted only in exceptional circumstances, when it is made out that the intervention of the cour is indispensable.Holding thus, a division bench comprising Justices T S Sivagnanam and Pushpa Sathyanarayana recalled an order passed on June 15 to grant interim bail to …

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