One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court
10 months, 2 weeks ago

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court

Live Law  

Recently, the Supreme Court observed that the exercise of jurisdiction by the Single Judge of the High Court in cancelling the bail granted to the accused by another Single Judge of the same High Court and that too, by examining the merits of the allegations tantamounts, to judicial impropriety/indiscipline. ".we are of the firm opinion that the exercise of jurisdiction by the learned Single Judge of High Court of Madhya Pradesh in cancelling the bail granted to the appellants by another Single Judge of the same High Court and that too, by examining the merits of the allegations was totally uncalled for and tantamounts to judicial impropriety/indiscipline. The Supreme Court observed that the act of reviewing the orders granting bail to the accused by another Single Judge is uncalled for and amounts to gross impropriety. While relying on the Supreme Court Judgment of Abdul Basit, the Single Judge of the High Court cancelled the bail granted to the accused by noting that the facts brought to the notice of this Court by the prosecution were such glaring that the Court found it a a suitable case for cancellation of bail.

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History of this topic

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
2 days, 15 hours 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 …

100 Important Supreme Court Judgments- Part 3 [51 to 75]
2 weeks ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
2 weeks, 4 days 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 …

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges
3 weeks, 3 days ago

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges

India Today  

The Supreme Court on Tuesday reserved its order on the suo motu writ petition registered in connection with the termination of services of six female civil judges by the Madhya Pradesh government, of which two are yet to be reinstated. On the last date of hearing, the top court had slammed the state high court for terminating the services of …

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court
1 month, 1 week ago

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court

Live Law  

The Supreme Court recently clarified that it has not laid down any proposition that post-conviction bail can be granted only if the convict has undergone half of the sentence.While considering a petition challenging the refusal of the Madhya Pradesh High Court to suspend sentence, the Court observed that the High Court has misunderstood its decision in Atul @ Ashutosh v. …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
1 month, 2 weeks ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
1 month, 2 weeks ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

In a special hearing, Supreme Court Bench expunges Punjab and Haryana High Court judge’s remarks against top court
5 months ago

In a special hearing, Supreme Court Bench expunges Punjab and Haryana High Court judge’s remarks against top court

The Hindu  

A Bench led by Chief Justice of India D.Y. A video capturing the comments by Justice Rajbir Sehrawat of the Punjab and Haryana High Court, in court, was widely circulated on social media, compelling the Chief Justice of India to urge judges to exercise restraint and responsibility while making observations in the course of court proceedings. Although Attorney General R. …

SC bench to hear Punjab HC’s criticism of its order
5 months ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
5 months, 1 week 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 …

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety
6 months, 1 week ago

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety

Live Law  

The Supreme Court on Monday expressed disappointment over an 'absurd' condition for bail imposed by the Patna High Court where the bail was granted to an accused on the condition that the victim of the offence should stand as his surety. The vacation bench of Justices JB Pardiwala and Ujjal Bhuyan was hearing a matter where the Patna High Court …

By Judicial Order, High Court Cannot Render Advice : Supreme Court
10 months ago

By Judicial Order, High Court Cannot Render Advice : Supreme Court

Live Law  

While deprecating a High Court order for overlooking the long period of incarceration undergone by the petitioner, the Supreme Court recently reiterated that Courts cannot render "advice" through judicial orders and stayed a direction calling for a periodical report from Trial Court on the progress of trial. "We are of the view that issuing such a direction amounts to interference …

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges
10 months, 1 week ago

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges

Live Law  

In a suo motu writ petition registered wrt simultaneous termination of services of 6 female civil judges in Madhya Pradesh, the Supreme Court was recently apprised that the Administrative Committee of the State High Court has resolved to not re-consider its earlier decision.Taking note, the Bench of Justices BV Nagarathna and AG Masih gave time to the parties to file …

Absence Of The Accused Is Not Sufficient Reason To Revoke Bail
11 months, 1 week ago

Absence Of The Accused Is Not Sufficient Reason To Revoke Bail

Live Law  

The Supreme Court recently observed that the non-appearance of the accused party is no ground for cancellation of bail. Gavai, Sanjay Karol, and Sandeep Mehta was hearing a criminal appeal arising out of the impugned order of the Calcutta High Court cancelling bail. “.we find that merely because the appellant did not appear personally could not have been a ground …

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications
11 months, 2 weeks ago

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications

Live Law  

The Supreme Court in a recent order directed all the courts to scrupulously follow the directions/guidelines issued by it for the expeditious delivery of judgments and disposal of the bail applications. A bench comprising Justices Bela Trivedi and Satish Chandra Sharma directed that High Courts should scrupulously follow the directions/ guidelines issued by the Supreme Court in various decisions. The …

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'
1 year ago

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'

Live Law  

The Supreme Court, in its recent judgment, highlighted the importance of ensuring judicial discipline. “The rule of 'Judicial Discipline and Propriety' and the Doctrine of precedents has a merit of promoting certainty and consistency in judicial decisions providing assurance to individuals as to the consequences of their actions.” “Accordingly, when a decision of a coordinate Bench of same High court …

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts
1 year ago

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts

Live Law  

The Supreme Court expressed concern at the High Courts not listing bail applications arising out of the same FIR before the same bench, despite repeated orders. The bench comprising Justices CT Ravikumar and Sanjay Kumar, in its order, stressed the need for listing bail applications pertaining to the same FIR before one single bench in order to avoid conflicting decisions, …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 2 months ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court
1 year, 2 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 …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 2 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

Supreme Court Weekly Roundup (25th Sep- 1st Oct,2023)
1 year, 3 months ago

Supreme Court Weekly Roundup (25th Sep- 1st Oct,2023)

Live Law  

Judgment/Orders Medical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof Shifts To Hospital: Supreme Court Case Number: C.A. Citation: 2023 LiveLaw 827 The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, while interpreting Section 49 of the Registration Act, 1908, has held that an unregistered lease deed can be admitted in evidence …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 4 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

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

Bail Granted U/S 436 CrPC Can Be Cancelled Only By High Court Or Sessions Court U/S 439(2): Orissa High Court

Live Law  

The Orissa High Court has recently held that bail granted under Section 436 of the Code of Criminal Procedure cannot be cancelled by the same Court and that can only be done by the Court of Sessions or High Court under Section 439 of the Code. The Court cited Section 437 of the CrPC where power of the Magistrate to …

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court
1 year, 6 months ago

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur has reiterated that the inherent powers of the High Court under Section 482 of IPC cannot be invoked to alter or review the final order of a criminal court. does not confer any new powers on the High Court; it only saves the inherent power which the Court possessed before the commencement of the …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 8 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 8 months ago

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

Live Law  

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court held that even when the …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 9 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

'Bail Can Be Cancelled If Serious Offences Are Subsequently Added To FIR' : Supreme Court Sets Aside Bail In 'Casting Couch' Case
1 year, 9 months ago

'Bail Can Be Cancelled If Serious Offences Are Subsequently Added To FIR' : Supreme Court Sets Aside Bail In 'Casting Couch' Case

Live Law  

The Supreme Court has reiterated that subsequent addition of more serious offences to the FIR can be a circumstance for a Court to cancel the bail granted by it. "Addition of a serious offence can be a circumstance where a Court can direct that the accused be arrested and committed to custody even though an order of bail was earlier …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
1 year, 10 months 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 …

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail
1 year, 10 months ago

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail

Live Law  

The Supreme Court on Friday stayed an order issued by the Madhya Pradesh High Court, which had directed a trial court judge to provide justification for granting bail to an accused. While staying the order of the High Court, the bench opined that such orders of the High Court had the potential to undermine the independence of the district judiciary …

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins
1 year, 11 months ago

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins

Live Law  

Nearly a month after a division bench of Madras High Court directed a woman to hand over her twin sons to their father in the US, a single judge of the high court said the 15-year-old twins are not "mere minors" but "matured minors" who cannot be treated as properties to be handed over to a person "with whom the …

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court
2 years, 1 month ago

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court

Live Law  

Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court earlier this week said that the second and successive anticipatory bail application is not maintainable.The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC, which flows from Article 21 of. Stressing that seeking anticipatory …

Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court
2 years, 1 month ago

Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court

Live Law  

The Supreme Court observed that cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bail. Ordinarily, unless a strong case based on any supervening event is made out, an order granting bail is not to be lightly interfered with under Section 439 CrPC.If the Trial Court was satisfied that the …

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution
2 years, 2 months ago

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution

Live Law  

The Supreme Court recently took exception to how a Judge of the Allahabad High Court dismissed almost 45 petitions seeking anticipatory bail on a single day, in the same fashion for non-prosecution. "We are not supposed to comment at this stage but direct the Registrar of the High Court of Allahabad to submit the report to this Court after obtaining …

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused
2 years, 3 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 …

"Perverse": Supreme Court Sets Aside HC Order Discharging Rape Accused On Sole Ground Of Delay In Lodging FIR
2 years, 4 months ago

"Perverse": Supreme Court Sets Aside HC Order Discharging Rape Accused On Sole Ground Of Delay In Lodging FIR

Live Law  

The Supreme Court recently set aside a judgment of the Madhya Pradesh High Court which discharged a rape accused on the ground of delay in the registration of the First Information Report.The bench comprising Justices DY Chandrachud and JB Pardiwala observed that the High Court judgment is perverse and utterly incomprehensible. The Supreme Court recently set aside a judgment of …

Bail Cannot Be Cancelled When Accused Wasn't Conditioned To Not Get Involved In Any Other Criminal Case: MP High Court
2 years, 5 months ago

Bail Cannot Be Cancelled When Accused Wasn't Conditioned To Not Get Involved In Any Other Criminal Case: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench, recently rejected an application for cancellation of bail of a person on the ground that his bail order had not conditioned him to not get involved in any other criminal case. The Applicant had alleged that the accused person, who was enlarged on bail by the Court, was regularly indulging in criminal activities …

Supreme Court Sets Aside Directions Passed By Patna HC Against Sahara Chief Subrata Roy In Bail Plea Of Another Party
2 years, 5 months ago

Supreme Court Sets Aside Directions Passed By Patna HC Against Sahara Chief Subrata Roy In Bail Plea Of Another Party

Live Law  

The Supreme Court, on Thursday, set aside interim orders passed by the Patna High Court in the anticipatory bail application filed by one Promod Kumar Saini and other accused wherein Sahara India Group Head, Subrata Roy, a third party to the bail proceedings, was summoned and asked for a plan to return investments. Stating that the High Court had exceeded …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 7 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 …

'Bar U/S 362 CrPC Not Applicable': Madhya Pradesh High Court Recalls Order For Cancellation Of Bail As Accused Was Not Duly Served Notice
2 years, 7 months ago

'Bar U/S 362 CrPC Not Applicable': Madhya Pradesh High Court Recalls Order For Cancellation Of Bail As Accused Was Not Duly Served Notice

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently recalled its order for cancellation of bail which was passed ex-parte, holding that the person enlarged on bail was not duly served notice and therefore he could not appear before the Court to contest the said application. He further argued that the Deemed Service Clause as per Chapter XV Rule 11 of …

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court
2 years, 8 months ago

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court

Live Law  

Considering the categorical statement made by a 11-yr-old rape victim, the Madhya Pradesh High Court recently rejected the bail application of the accused stating that at the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted. Justice Anil Verma observed: "At the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted as …

Reasons Which Weigh With Court In Cancelling Bail To Co Accused Would Also Apply On Other Accused Seeking Bail: Supreme Court
2 years, 9 months ago

Reasons Which Weigh With Court In Cancelling Bail To Co Accused Would Also Apply On Other Accused Seeking Bail: Supreme Court

Live Law  

The Supreme Court has observed that the reasons which weigh with the Court in cancelling the bail granting to co accused would also apply in case of bail preferred by another accused in relation to the same FIR and incident. In the impugned judgement, the High Court had allowed the application preferred by first respondent seeking bail for the case …

Can't Appreciate Approach Of High Court In Rejecting Bail Application In A Single Sentence: Supreme Court
2 years, 9 months ago

Can't Appreciate Approach Of High Court In Rejecting Bail Application In A Single Sentence: Supreme Court

Live Law  

The Supreme Court, on Friday, expressed concern that even after its repeated interventions, the Allahabad High Court had rejected a bail application solely on the ground that the appeal itself should be heard. ".instead of examining bail, clearly rejected on the ground that the appeal itself should be heard appears to serve no purpose given the large number of appeals …

Supreme Court asks why U.P. didn’t appeal against Ashish Mishra’s bail
2 years, 9 months ago

Supreme Court asks why U.P. didn’t appeal against Ashish Mishra’s bail

The Hindu  

The Supreme Court on Wednesday confronted the Uttar Pradesh Government, saying the retired judge appointed by the court to monitor the Lakhimpur Kheri case investigation had himself urged the State to appeal against the bail granted to prime accused Ashish Mishra, a Union Minister’s son. He had requested to file an SLP seeking cancellation of the bail order passed by …

'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction
2 years, 9 months ago

'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction

Live Law  

A single bench of the Punjab and Haryana High Court has recommended departmental action against a Chief Judicial Magistrate for violating a High Court direction in a case.Observing that the Magistrate's action not only showed lack of understanding of fundamental principles of law but also reflected judicial indiscipline, Justice Manoj Bajaj referred the matter to the Chief Justice for. A …

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition
2 years, 9 months ago

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition

Live Law  

The Supreme Court dismissed a review petition filed by State of Madhya Pradesh against its judgment holding that magistrates would not be competent to extend the time to complete investigations in UAPA cases.The grounds taken in the Review Petition do not make out any error apparent on record to justify interference, the bench comprising Justices Uday Umesh Lalit, S. Ravindra …

Court Deciding Bail Application Cannot Completely Divorce Its Decision From Material Aspects Of The Case: Supreme Court
2 years, 9 months ago

Court Deciding Bail Application Cannot Completely Divorce Its Decision From Material Aspects Of The Case: Supreme Court

Live Law  

The Supreme Court reiterated that a Court deciding a bail application cannot completely divorce its decision from material aspects of the case.The material aspects includes the following: allegations made against the accused; severity of the punishment if the allegations are proved beyond reasonable doubt which would result in a conviction;. The material aspects includes the following: allegations made against the …

Can A Juvenile Seek Anticipatory Bail U/S Section 438 CrPC? Calcutta High Court Refers Question To Larger Bench
2 years, 11 months ago

Can A Juvenile Seek Anticipatory Bail U/S Section 438 CrPC? Calcutta High Court Refers Question To Larger Bench

Live Law  

The Calcutta High Court on Thursday referred to a larger bench the legal issue as to whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure at the behest of a juvenile is maintainable. A Bench comprising Justice Arijit Banerjee and Justice Bivas Pattanayak was adjudicating upon an application for anticipatory bail sought by four …

Supreme Court Refuses To Interfere With Calcutta High Court's Stay On Criminal Proceedings Against Suvendu Adhikari
3 years ago

Supreme Court Refuses To Interfere With Calcutta High Court's Stay On Criminal Proceedings Against Suvendu Adhikari

Live Law  

The Supreme Court on Monday refused to interfere with the September order of a Single Bench of the High Court staying criminal proceedings initiated against BJP MLA and Leader of the Opposition in West Bengal Assembly Suvendu Adhikari. The Bench, dismissing the same, had observed, "This batch of analogous intra-Court appeals are held to be not maintainable" On Monday, Senior …

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