Calcutta High Court Invokes Powers Under Article 226 Constitution To Cancel Bail Of Woman's In-Laws For Prima Facie Torture
1 year, 10 months ago

Calcutta High Court Invokes Powers Under Article 226 Constitution To Cancel Bail Of Woman's In-Laws For Prima Facie Torture

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The Calcutta High Court recently invoked its power under Article 226 of the Constitution of India to cancel the bail granted to the in-laws of a woman on the ground that she continues to be tortured by them. The charges under Sections 376 and 354 of the Indian Penal Code have been prima facie established in the investigations by the police.” The petitioner/victim has registered 11 FIRs against her-in-laws and several other persons for the offences including rape, hurt, outraging the modesty of woman, cruelty to woman and criminal intimidation at Kandi Police Station. The court further stated: “It is baffling to note as to why Kandi Police Station has not opposed the bail to the accused persons before the Additional Chief Judicial Magistrate concerned and why the ten charge-sheets already filed against the said accused persons were not placed before the Additional Chief Judicial Magistrate concerned.” “Such persons cannot be allowed to enjoy any liberty as they continue to be a threat to the petitioner. Bail granted to them by the Additional Chief Judicial Magistrate concerned on 6th February, 2023 is hereby cancelled by this Court in exercise of power conferred under Article 226 of the Constitution of India”, the court held.

History of this topic

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
1 week, 3 days ago
[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
2 weeks, 1 day ago
Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
3 weeks, 4 days ago
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4 weeks, 1 day ago
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2 months, 3 weeks ago
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3 months, 3 weeks ago
Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court
8 months, 3 weeks ago
Calcutta High Court Refuses Urgent Listing Of Plea Seeking 'Protection' For Women In Violence-Affected Sandeshkhali
10 months ago
Absence Of The Accused Is Not Sufficient Reason To Revoke Bail
10 months, 3 weeks ago
Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
1 year, 2 months ago
Supreme Court Half Yearly Bail Digest 2023
1 year, 4 months ago
Bail Granted U/S 436 CrPC Can Be Cancelled Only By High Court Or Sessions Court U/S 439(2): Orissa High Court
1 year, 5 months ago
Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court
1 year, 5 months ago
Calcutta High Court Again Grants Bail To Accused After Fresh Consideration On Supreme Court Directions, Says 'Human Liberty Is Most Valuable'
1 year, 6 months ago
Calcutta High Court Seeks Explanation From Police Why Person Accused Of Threatening Alleged Gang-Rape Victim Released "Promptly"
1 year, 7 months ago
Calcutta High Court Upholds Cancellation Of Bail In Murder Case Over Suppression Of Fact Regarding Earlier Rejection
1 year, 8 months ago
Custodial Torture Not Official Duty: Bombay Hight Court Directs Sessions Court To Enhance Charges Against Police Officers From Hurt To Murder
1 year, 8 months ago
Delhi High Court Restores Bail In View Of Disputed Fact About Accused Threatening Complainant
2 years, 3 months ago
Abetment Of Suicide | Mere Allegation Of Pressure At Workplace Without Any Specific Act Will Not Attract S.306 IPC: Andhra Pradesh High Court
2 years, 4 months ago
Cannot Invoke Article 226 If An Effective And Statutory Remedy Exists Before NCLAT: Madras High Court
2 years, 5 months ago
Custodial Torture: Calcutta High Court Grants Bail To NDPS Accused, Orders Enquiry & Preservation Of CCTV Footage
2 years, 7 months ago
Writ Court Cannot Impose Penalty Not Contemplated In Statute In Exercise Of Plenary Jurisdiction: Calcutta High Court
2 years, 7 months ago
Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals
2 years, 8 months ago
"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case
2 years, 9 months ago
"Record Satisfaction Before Authorizing Detention In Exercise Of Powers U/S 167 CrPC": AP High Court Directs Judicial Magistrates
2 years, 9 months ago
Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case
2 years, 10 months ago
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2 years, 11 months ago
Supreme Court Refuses To Interfere With Calcutta High Court's Stay On Criminal Proceedings Against Suvendu Adhikari
3 years ago
Calcutta HC Grants Bail To NDPS Accused In Custody For 6.5 Yrs Noting Inordinate Delay In Trial, Violation Of Article 21
3 years, 1 month ago
S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation
3 years, 1 month ago
Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection
3 years, 1 month ago
[BREAKING] Aryan Khan Case : Bombay High Court Releases Order With Bail Conditions
3 years, 1 month ago
Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case
3 years, 1 month ago
Karnataka High Court Grants Default Bail To 115 UAPA Accused In Bengaluru Riots Case
3 years, 6 months ago
Trial Court Must Expeditiously Decide On Release Of Student Activists Granted Bail In Riots Case : Delhi High Court
3 years, 6 months ago
Rejection Of Anticipatory Bail Not a Ground For Not Entertaining Petition For Quashing Of The FIR: Allahabad High Court
3 years, 11 months ago
High Courts Have Power To Grant Bail By Invoking Article 226 In Suitable Cases: Supreme Court
4 years ago
Default Bail Granted Erroneously Can Be Cancelled By High Court U/s 439(2) CrPC: Supreme Court
4 years, 1 month ago
'Duty Of Court To Protect Personal Liberty': Karnataka High Court Cites SC Order In Arnab Goswami Case To Grant Bail To TV Channel MD
4 years, 1 month ago
Bombay High Court Refuses To Apply 'Prashant Kanojia' Precedent In Arnab Goswami's Case; Says Facts Are Different
4 years, 1 month ago
Supreme Court Stays Delhi High Court Order Denying Extension Of Interim Bail To Undertrials [Read Order]
4 years, 1 month ago
'Final Report Filed Only After Lapse Of 90 Days, Even Before Which Plea For Default Bail Filed': Madras HC Releases Murder Accused [Read Order]
4 years, 4 months ago

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