'Completely Unacceptable' : Delhi HC On District Judge's Refusal To Accept Bail Bond On Ground That Softy Copy Of HC Order Wasn't Authenticated
4 years, 9 months ago

'Completely Unacceptable' : Delhi HC On District Judge's Refusal To Accept Bail Bond On Ground That Softy Copy Of HC Order Wasn't Authenticated

Live Law  

The Delhi High Court has criticized a District Judge for refusing to accept the bail bond of an accused on the ground that the soft copy of the HC bail order produced by him was not authenticated. This came in a plea moved under section 482 of the Criminal Procedure Code challenging the order of the District Judge who refused to accept the bail bond of the Appellant on the ground that the High Court order produced by him is not an authenticated copy. The Appellant had produced that copy of the order before the District Judge which he had downloaded from the official website of the Delhi High Court. Therefore, if the District Judge had any doubt as to the authenticity of the order, the same could have been also easily confirmed from the Judicial Branch of the Delhi High Court.

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History of this topic

Fake court order used to secure bail, Bombay HC files police complaint
1 week, 5 days ago

Fake court order used to secure bail, Bombay HC files police complaint

Hindustan Times  

A fraud has been unearthed at the Bombay high court wherein the accused in a case of cheating secured bail using a fake court order bearing the forged signature of a Pune court judge even as their bail was originally refused. The fake court order was submitted as an official document before the Bombay HC to obtain bail. The registrar …

'Overstepping jurisdiction': SC sets aside HC order on compensation for wrongful confinement
4 weeks ago

'Overstepping jurisdiction': SC sets aside HC order on compensation for wrongful confinement

The Hindu  

Frowning upon courts overstepping jurisdiction, the Supreme Court has set aside an order of the Allahabad High Court which directed the Director of Narcotics Control Bureau to pay ₹5 lakh as compensation to a man for alleged wrongful confinement. The apex court was hearing an appeal filed by the Narcotics Control Bureau challenging an order of the Lucknow bench of …

'Essentially A Conviction Order' : Supreme Court Judge Raises Concerns About Delhi HC's Long Orders In Anticipatory Bail Applications
1 month, 1 week ago

'Essentially A Conviction Order' : Supreme Court Judge Raises Concerns About Delhi HC's Long Orders In Anticipatory Bail Applications

Live Law  

While dealing with a bail matter, Justice Surya Kant of the Supreme Court today expressed strong disapproval of Delhi High Court orders disposing of anticipatory bail pleas running into 30-40 pages. High Court writing 30-40 pages while disposing of anticipatory bail is hinting the trial court that here is reason for you to convict. Vide the impugned 34-page order of …

HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea
1 month, 2 weeks ago

HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea

Hindustan Times  

The Delhi high court will on February 24 hear jailed parliament member Engineer Rashid’s plea against a local court’s December 23 refusal to pass an order on his bail plea citing lack of jurisdiction. Justice Vikas Mahajan scheduled the hearing after Delhi high court’s registrar general informed the court about the Supreme Court ’s permission for a special court to …

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]
2 months ago

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

Live Law  

A full bench of the Allahabad High Court has held that where the High Court has consciously issued a non-bailable warrant for the arrest of an accused, against whose acquittal/conviction an appeal has been moved, the Magistrate or the Sessions Judge, as the case may be, would have no jurisdiction to release such person on bail. nor Session Judge would …

Top court warns against interfering in bail orders
2 months, 3 weeks ago

Top court warns against interfering in bail orders

Hindustan Times  

New Delhi The Supreme Court has delivered a strong message on judicial consistency, cautioning that it cannot “preach one thing and practice another” when dealing with bail orders. The appeal, filed by the complainant in a cheating case, sought to overturn the high court’s October 2024 decision granting bail to the accused. This observation reflects the apex court’s growing emphasis …

High Court Cannot Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
3 months, 1 week ago

High Court Cannot Seek Explanation From Judicial Officer By Judicial Order : Supreme Court

Live Law  

A higher court cannot seek an explanation from a judicial officer by a judicial order, stated the Supreme Court, while expugning the adverse remarks made by the Rajasthan High Court against a District & Sessions Judge.The explanation can be sought only on the administrative side, the Supreme Court stated. A higher court cannot seek an explanation from a judicial officer …

Fix time for completion of trials, but denying bail no solution, SC tells HCs
4 months 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 …

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

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
4 months, 2 weeks ago

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

Live Law  

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge. A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order. On …

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5
7 months ago

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5

Live Law  

The Supreme Court on Friday adjourned the hearing of Delhi Chief Minister Arvind Kejriwal's pleas challenging his arrest and seeking bail in the case registered by the CBI over the alleged Delhi Liquor Policy scam, after the CBI sought time to file a counter-affidavit in the matter.A bench of Justices Surya Kant and Ujjal Bhuyan posted the matter on September …

UPSC aspirants death: Delhi court seeks CBI reply on bail pleas of institute owners
7 months, 3 weeks ago

UPSC aspirants death: Delhi court seeks CBI reply on bail pleas of institute owners

New Indian Express  

NEW DELHI: A Delhi court on Wednesday issued a notice to the CBI regarding the bail pleas of four co-owners of the coaching center basement where three civil service aspirants died. Principal District and Sessions Judge Anju Bajaj Chandna has directed the central agency to submit its response by August 9, the scheduled date for hearing the bail pleas by …

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail
7 months, 3 weeks ago

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail

Hindustan Times  

The Delhi high court on Wednesday asked the Enforcement Directorate if it intended to arrest chief minister Arvind Kejriwal again in the money laundering case registered in connection with the Delhi excise policy. Taking note of the Supreme Court’s July 12 order granting interim bail to the Aam Aadmi Party chief, a bench of justice Neena Bansal Krishna asked ED …

Court orders Delhi Police to file reply on Bibhav Kumar's bail plea by August 21
7 months, 3 weeks ago

Court orders Delhi Police to file reply on Bibhav Kumar's bail plea by August 21

India Today  

The Supreme Court on Wednesday directed the Delhi Police to file its response by August 21 on the plea of Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar for grant of bail in the AAP Rajya Sabha member Swati Maliwal assault case. Additional Solicitor General S V Raju, appearing for the Delhi Police, told a bench of Justices Surya Kant, …

Shocked that someone was assaulted at Delhi CM’s house: Supreme Court
7 months, 4 weeks ago

Shocked that someone was assaulted at Delhi CM’s house: Supreme Court

Hindustan Times  

The Supreme Court on Thursday questioned the conduct of Delhi chief minister Arvind Kejriwal’s political aide Bibhav Kumar in a case of alleged assault of Rajya Sabbha member Swati Maliwal and said it was shocked by the manner in which the incident took place at the chief minister’s residence, even as it issued notice on Kumar’s bail plea and listed …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 4 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 …

'This is shocking': Supreme Court on Delhi High Court pausing bail order for a year
8 months, 2 weeks ago

'This is shocking': Supreme Court on Delhi High Court pausing bail order for a year

India Today  

Expressing shock over the way the Delhi High Court stayed a regular bail order for a year without specifying any reason, the Supreme Court on Thursday reserved its verdict and questioned the Enforcement Directorate for defending the high court's decision. A bench of Justices AS Oka and Augustine George Masih was hearing a plea by Parvinder Singh Khurana, an accused …

Delhi HC to hear ED’s plea challenging Kejriwal’s bail by city court on July 15
8 months, 2 weeks ago

Delhi HC to hear ED’s plea challenging Kejriwal’s bail by city court on July 15

Hindustan Times  

New Delhi: The Delhi high court on Wednesday listed the matter to July 15, the Enforcement Directorate’s plea challenging bail to Delhi chief minister Arvind Kejriwal by the trial court on June 20 in the alleged money laundering case even as the CM’s legal team requested the court to hear the matter on urgent basis. The high court had on …

Delhi High Court seeks CBI’s response to Arvind Kejriwal’s bail plea
8 months, 3 weeks ago

Delhi High Court seeks CBI’s response to Arvind Kejriwal’s bail plea

The Hindu  

The High Court on Friday asked the Central Bureau of Investigation to respond to Chief Minister Arvind Kejriwal’s bail plea in the corruption case registered by the agency in connection with the excise policy ‘scam’. Justice Neena Bansal Krishna listed the case for further hearing on July 17, when Mr Kejriwal’s other plea — challenging his arrest by the CBI …

Court was prejudiced: Saurabh Bhardwaj on Delhi HC decision to stay bail of Arvind Kejriwal
9 months ago

Court was prejudiced: Saurabh Bhardwaj on Delhi HC decision to stay bail of Arvind Kejriwal

Op India  

The Delhi High Court on Tuesday, June 25th, granted the Enforcement Directorate’s request to stay the trial court’s bail ruling for Delhi Chief Minister Arvind Kejriwal in the money laundering case in the liquor policy excise scam. Meanwhile, commenting on the Delhi High Court’s decision to stay the trial court’s order granting bail to CM Arvind Kejriwal in the excise …

Delhi High Court stays trial court order granting bail to Arvind Kejriwal in Excise policy case
9 months ago

Delhi High Court stays trial court order granting bail to Arvind Kejriwal in Excise policy case

The Hindu  

The Delhi High Court on Tuesday imposed a stay on the regular bail granted by a trial Court to Chief Minister Arvind Kejriwal in the excise policy case. Acceding to the ED’s plea, the High Court imposed an interim stay on Mr. Kejriwal’s release and reserved its verdict to peruse the case records. However, the top Court on Monday declined …

Delhi HC stays trial court's order granting bail to Arvind Kejriwal, says ‘observations totally unjustified’
9 months ago

Delhi HC stays trial court's order granting bail to Arvind Kejriwal, says ‘observations totally unjustified’

Hindustan Times  

Delhi chief minister and Aam Aadmi Party national convenor Arvind Kejriwal will continue to stay in jail after the Delhi high court allowed the Enforcement Directorate’s plea challenging a trial court’s order that had granted him bail in a money laundering case linked to a now-scrapped excise policy. The high court criticised the trial court's observation that the voluminous material …

Delhi HC allows ED's plea, stays trial court's order of bail to Arvind Kejriwal
9 months ago

Delhi HC allows ED's plea, stays trial court's order of bail to Arvind Kejriwal

New Indian Express  

NEW DELHI: The Delhi High Court on Tuesday stayed the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal in the excise policy case. The HC passed the order after hearing extensively the arguments of ED which had challenged the trial court granting bail to Kejriwal. While deliberating upon the arguments of the ASG S V Raju, the …

No relief for Kejriwal from SC on his plea challenging HC order on stay of his bail
9 months ago

No relief for Kejriwal from SC on his plea challenging HC order on stay of his bail

New Indian Express  

NEW DELHI: There was no immediate breather for Delhi Chief Minister, Arvind Kejriwal, as the vacation bench of the Supreme Court on Monday adjourned his plea, challenging the Delhi High Court's stay order on his bail, to June 26, in Delhi liquor case. A two-judge vacation bench of the top court, led by Justice Manoj Misra and Justice S V …

Arvind Kejriwal Approaches Supreme Court Against Delhi High Court's Stay On His Bail
9 months ago

Arvind Kejriwal Approaches Supreme Court Against Delhi High Court's Stay On His Bail

Live Law  

Delhi Chief Minister Arvind Kejriwal has filed a petition in the Supreme Court challenging the Delhi High Court's interim order staying the order granting him bail in the liquor policy case.Kejriwal's lawyers will seek an urgent listing of the case tomorrow. Delhi Chief Minister Arvind Kejriwal has filed a petition in the Supreme Court challenging the Delhi High Court's interim …

Arvind Kejriwal moves Supreme Court against Delhi High Court stay on his bail in excise policy case
9 months, 1 week ago

Arvind Kejriwal moves Supreme Court against Delhi High Court stay on his bail in excise policy case

India TV News  

Delhi Excise Policy Case: Delhi Chief Minister Arvind Kejriwal on Sunday moved to the Supreme Court against the Delhi High Court's interim stay on the trial court's order granting him bail in an Enforcement Directorate case linked to an alleged excise scam. Here's what Kejriwal said in plea Kejriwal, who is currently lodged in Tihar Jail, in his petition said …

Delhi Court granted bail to Arvind Kejriwal without reading ED documents saying it has no time to read them
9 months, 1 week ago

Delhi Court granted bail to Arvind Kejriwal without reading ED documents saying it has no time to read them

Op India  

Delhi Chief Minister Arvind Kejriwal was granted bail by Special Judge Niyay Bindu of Rouse Avenue Courts yesterday evening, the detailed order of which was uploaded today. The Enforcement Directorate moved the High Court against the bail order today, and now it has been revealed that the lower court called ED’s arrest of Kejriwal ‘mala fide’ and granted bail without …

Delhi High Court Sets Aside Order Transferring PMLA Case After Judge Said 'ED Matters Me Kaunsi Bail Hoti Hain'
10 months ago

Delhi High Court Sets Aside Order Transferring PMLA Case After Judge Said 'ED Matters Me Kaunsi Bail Hoti Hain'

Live Law  

The Delhi High Court on Tuesday set aside a trial court order transferring Bhushan Steel money laundering case from one judge to another, after one of the accused alleged that the judge passed a comment expressing "ED matters me kaun si bail hoti hai?” Justice Swarana Kanta Sharma said that the alleged comment did not reflect any apprehension of bias …

Excise policy case: Delhi HC scheduled to deliver order on Manish Sisodia's bail pleas on Tuesday
10 months, 1 week ago

Excise policy case: Delhi HC scheduled to deliver order on Manish Sisodia's bail pleas on Tuesday

New Indian Express  

NEW DELHI: The Delhi High Court is scheduled to deliver on Tuesday its order on bail pleas of former Delhi deputy chief minister Manish Sisodia in money laundering and corruption cases lodged by the ED and CBI respectively in connection with alleged liquor scam. Justice Swarana Kanta Sharma is likely to pronounce the orders on both bail pleas at 5 …

Bombay High Court Denies Anticipatory Bail To Advocate Accused Of Cheating Client By Forging Bail Order
1 year, 2 months ago

Bombay High Court Denies Anticipatory Bail To Advocate Accused Of Cheating Client By Forging Bail Order

Live Law  

The Bombay High Court recently refused to grant anticipatory bail to advocate Hiral Chandrakant Jadhav accused of cheating a client by presenting a forged sessions court bail order for her husband in a murder case. When the complainant checked the e-courts portal and the Registry of Dindoshi Sessions Court, she was told that no such documents, viz., the bail order …

Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts
1 year, 3 months 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, …

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order
1 year, 6 months ago

Supreme Court Surprised By Gujarat HC Granting Bail To Murder Accused Based On 'Settlement' With Victim's Son; Chastises State For Not Challenging Order

Live Law  

In a recent order, the Supreme Court expressed surprise at an order passed by the Gujarat High Court granting bail to an accused in a murder case on the basis of a 'settlement' between him and the the original complainant. The Court raised questions about the appropriateness of allowing personal settlements in serious criminal cases of such magnitude and the …

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist
2 years ago

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist

Live Law  

The Supreme Court on Friday issued notice on a plea by the union territory of Chandigarh against Punjab and Haryana High Court’s direction to the Punjab police to probe allegations against Chandigarh police of illegalities in the arrest of a city dentist last year. A division bench of Justices AS Bopanna and Hima Kohli also stayed the state high court's …

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail
2 years, 1 month 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 …

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, 5 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 …

Delhi Minister Satyendra Jain Withdraws Plea In Supreme Court Challenging Transfer Of Case To Another Judge
2 years, 5 months ago

Delhi Minister Satyendra Jain Withdraws Plea In Supreme Court Challenging Transfer Of Case To Another Judge

Live Law  

Delhi Minister Satyendra Kumar Jain has withdrawn the petition filed by him in the Supreme Court challenging the Delhi High Court order which upheld the transfer of his bail plea in a PMLA case to another court. Last week, a bench comprising Justices MR Shah and Krishna Murari had issued notice to the Enforcement Directorate on Jain's petition and posted …

Supreme Court Seeks ED's Reponse On Satyender Jain's Plea Challenging Transfer Of His Bail Plea To Another Judge
2 years, 5 months ago

Supreme Court Seeks ED's Reponse On Satyender Jain's Plea Challenging Transfer Of His Bail Plea To Another Judge

Live Law  

The Supreme Court today issued notice to the Enforcement Directorate on a plea filed by Delhi Minister Satyendra Jain assailing the order of the Delhi High Court which upheld the transfer of his bail plea to another court.A bench comprising of Justices M. R. Shah and Krishna Murari sought response from the Enforcement Directorate to be filed by 19th October …

Delhi High Court issues notice to ED on Satyendar Jain bail plea
2 years, 6 months ago

Delhi High Court issues notice to ED on Satyendar Jain bail plea

India Today  

The Delhi High Court on Monday issued a notice to the Enforcement Directorate on a plea filed by Delhi Minister Satyendar Jain challenging the District Court verdict to transfer his bail plea to a different judge. Senior advocate N Hariharan, appearing before the bench of Justice Yogesh Khanna argued that the transfer order "sends a wrong message." Delhi minister Satyendar …

Delhi High Court Restores Bail In View Of Disputed Fact About Accused Threatening Complainant
2 years, 6 months ago

Delhi High Court Restores Bail In View Of Disputed Fact About Accused Threatening Complainant

Live Law  

The Delhi High Court has recently restored bail to three men after the parties lodged counter FIRs against each other, noting unless the investigation in both the cases reaches its logical conclusion, it cannot be assumed that the accused persons had violated any of the conditions of bail granted by the lower court or tried to influence the administration of …

Himachal Pradesh HC Asks Trial Courts Not To Insist For Certified Copies Of Bail/ Interim Orders, Accept Downloaded Copies Attested By Counsel
2 years, 9 months ago

Himachal Pradesh HC Asks Trial Courts Not To Insist For Certified Copies Of Bail/ Interim Orders, Accept Downloaded Copies Attested By Counsel

Live Law  

The Registrar of the Himachal Pradesh High Court has requested all the Judicial Officers in the state to accept the downloaded copies of the bail orders/ interim orders passed by the High Court, if the same are attested to be true downloaded copy by the counsel, representing the parties. interim orders passed by the Hon'ble High Court, if the same …

Supreme Court Sets Aside Delhi HC Bail To Man Accused Of Kidnap-Murder Of 13 Year Old Boy
2 years, 10 months ago

Supreme Court Sets Aside Delhi HC Bail To Man Accused Of Kidnap-Murder Of 13 Year Old Boy

Live Law  

The Supreme Court on Tuesday set aside the Delhi High Court order granting bail to a man accused of kidnapping and murdering the 13-year-old son of a Delhi jeweler in 2014, whose body was found in a drain in East Delhi in November 2014. Before the court, Dr Menaka Guruswamy, senior counsel appearing on behalf of the appellants, submitted that: …

Reasons Which Weigh With Court In Cancelling Bail To Co Accused Would Also Apply On Other Accused Seeking Bail: Supreme Court
2 years, 11 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 …

Incumbent Upon Trial Court To Fix Amount For Bail Bond Once High Court Orders Release Of Accused: Madhya Pradesh HC
2 years, 11 months ago

Incumbent Upon Trial Court To Fix Amount For Bail Bond Once High Court Orders Release Of Accused: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court recently directed the lower court to ascertain the value of bail bond of the Applicant who was granted bail by the High Court, without mentioning the bail amount. The Court further directed the trial court to remain cautious while dealing with a bail order, as it had refused to ascertain amount for bail bond despite …

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court
3 years ago

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court

Live Law  

While upholding an order of detention passed by an Executive Magistrate, the Supreme Court has explained the scheme of Chapter VII of the Code of Criminal Procedure which contains provisions relating to bond for keeping peace and good behaviour and also the consequences flowing from the breach of such bond.The Court explained the provisions as follows :Chapter VIII of Cr.P.C. …

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation
3 years, 4 months ago

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation

Live Law  

The Delhi High Court has stayed an order passed by a Sessions Court in bail proceedings, wherein it had pulled up an Investigating Officer of the Delhi Police for conducting perfunctory investigation in connection with a dowry death case.Justice Chandra Dhari Singh observed,"it is a settled position of law that the lower courts are not akin to constitutional courts. The …

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, 5 months 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

Live Law  

The Supreme Court on Monday issued notice on a Special Leave Petition against an order of the Calcutta High Court setting aside the order of the Chief Judicial Magistrate at Alipore which had dismissed an application seeking FIR against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi in a rape case. The Bench was also apprised by …

Delhi High Court Registry Cites Staff Shortage As Reason For Delay In Communicating Parole Order To Jail
3 years, 7 months ago

Delhi High Court Registry Cites Staff Shortage As Reason For Delay In Communicating Parole Order To Jail

Live Law  

The Delhi High Court was recently informed by its Registry that release of two applicants from the prison was delayed as the parole orders were misplaced and could not be timely communicated to the jail authorities due to reduction in the staff strength.The submission was made before Justice Manoj Kumar Ohri during hearing of bail applications moved by Nazim Khan …

Delhi High Court Pulls Up NIA Judge For Delay In Hearing Bail Plea, Directs Expeditious Disposal Without Awaiting Physical Functioning
3 years, 7 months ago

Delhi High Court Pulls Up NIA Judge For Delay In Hearing Bail Plea, Directs Expeditious Disposal Without Awaiting Physical Functioning

Live Law  

The Delhi High Court has recently pulled up a Special NIA Judge, Patiala House Courts for delay in hearing a bail plea since February on the ground that the hearing could only be done via physical mode since the records in the case were voluminous.A division bench comprising of Justice Anup J. Bhambhani and Justice Siddharth Mridul observed thus:"With utmost …

"Required To Ascertain As To Who Prepared Forged Bail Order": Delhi High Court Denies Anticipatory Bail To Woman
3 years, 7 months ago

"Required To Ascertain As To Who Prepared Forged Bail Order": Delhi High Court Denies Anticipatory Bail To Woman

Live Law  

The Delhi High Court last week denied anticipatory bail to a woman, who is involved with a matter wherein her estranged husband had placed reliance on a forged court order in bail proceedings against him before the Delhi High Court.The Bench of Justice Mukta Gupta denied the pre-arrest bail application of one Leenu Singh who submitted before the Court that …

No Discussion Or Analysis: Supreme Court Sets Aside HC Order Granting Bail To Murder Accused
3 years, 8 months ago

No Discussion Or Analysis: Supreme Court Sets Aside HC Order Granting Bail To Murder Accused

Live Law  

There is no discussion or analysis of circumstances at all, the Supreme Court observed while setting aside a High Court order granting bail to murder accused.The bench comprising Justices DY Chandrachud and MR Shah observed that in a case where an earlier application for bail has been rejected, there is a higher burden on the appellate court to furnish specific …

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