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

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

Live Law  

The Kerala High Court has held that the Supreme Court order dated March 23, 2020, whereby the period of limitation for filing cases was extended in view of the COVID-19 lockdown, does not affect the right of an accused to default bail under Section 167 of CrPC. While making these observations, the bench expressed its concurrence with the verdict of Justice Alok Kumar Verma of the Uttarkhand High Court in Vivek Sharma v. State of Uttarkhand, whereby it was had held that the SC order for extension of limitation does not mean that the Court had extended the 60 days/ 90 days period of police investigation prescribed under Section 167. It is noteworthy however that the abovementioned verdict of the Madras High Court has been referred to a higher bench for consideration alongside another single-bench decision in S. Kasi v. State through The Inspector of Police, whereby Justice G. Jayachandran had held that the period of limitation for investigation under Sec.167 CrPC would also stand extended, keeping in view the extraordinary situation of the Covid-19. "As held in Rakesh Kumar Paul, the petitioner having availed of his right to default bail immediately on the expiry of the statutory period, and the same having been denied, his right could not be defeated by subsequently filing a final report," the High Court held.

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History of this topic

Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court
3 days, 4 hours ago

Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court

Live Law  

The Supreme Court has reiterated that before a complainant can seek a Magistrate's direction under Section 156 of the CrPC to register an FIR and investigate a cognizable offence, they must first exhaust the remedies under Sections 154 and 154 of the CrPC. Only after these steps are taken and the remedies under Section 154 are exhausted can the complainant …

Once Chargesheet Is Filed, Ticking Of Clock With Regard To Statutory Bail Automatically Stops: Karnataka High Court
1 week, 3 days ago

Once Chargesheet Is Filed, Ticking Of Clock With Regard To Statutory Bail Automatically Stops: Karnataka High Court

Live Law  

While denying regular bail to a rape accused, the Karnataka High Court observed that once the chargesheet is filed within the stipulated time of 60 days from the date of the complaint, the right to seek the statutory bail extinguishes. "It is needless to emphasise that once the charge sheet is filed ticking of the clock with regarding to statutory …

Supreme Court Flags Delay In Amending Calcutta High Court Rule Requiring Division Bench Instead Of Single Judge For Certain Bail Cases
Trending News
2 weeks, 1 day ago

Supreme Court Flags Delay In Amending Calcutta High Court Rule Requiring Division Bench Instead Of Single Judge For Certain Bail Cases

Live Law  

The Supreme Court recently raised concerns over the delay in amending the Calcutta High Court Rules on the aspect of the strength of the bench hearing bail applications, pointing out that the proposal to amend the Rule has been pending for 12 years. The issue relates to the proviso to Rule 9 of the High Court Appellate Side Rules, which …

Supreme Court Flags Delay In Amending Calcutta High Court Rule Requiring Division Bench Instead Of Single Judge For Certain Bail Cases
Trending News
2 weeks, 1 day ago

Supreme Court Flags Delay In Amending Calcutta High Court Rule Requiring Division Bench Instead Of Single Judge For Certain Bail Cases

Live Law  

The Supreme Court recently raised concerns over the delay in amending the Calcutta High Court Rules on the aspect of the strength of the bench hearing bail applications, pointing out that the proposal to amend the Rule has been pending for 12 years. The issue relates to the proviso to Rule 9 of the High Court Appellate Side Rules, which …

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail
2 weeks, 2 days ago

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail

Live Law  

Observing that the case shows "distressing picture of the criminal justice system's failure", the Punjab & Haryana High Court has set aside condition to pay Rs.1.10 crore in bail bond for granting default bail to an accused in Tax Fraud case. It further said that the failure to release the petitioner under Section 479 BNSS, when his right to default …

'Overstepping jurisdiction': SC sets aside HC order on compensation for wrongful confinement
3 weeks, 1 day 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 …

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court
3 weeks, 1 day ago

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court

Live Law  

The Supreme Court held that a Court does not have the power to grant compensation to an accused for wrongful confinement while exercising bail jurisdiction under Section 439 of the Code of Criminal Procedure. Holding so, a bench comprising Justice Sanjay Karol and Justice Manmohan set aside a direction passed by the Allahabad High Court asking the Narcotics Control Bureau …

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police
3 weeks, 2 days ago

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police

Live Law  

The Supreme Court on Friday deprecated the conduct of Chattisgarh police in applying the stringent provisions of the Unlawful Activities Prevention Act against an accused soon after he was granted interim protection from arrest in another case. The Court noted in its order that after service of notice of the present case, the SDPO of the police station suddenly applied …

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 …

When Delay In Trial Is Solely Due To Prosecution's 'Lethargy', Personal Liberty Overrides S.37(1)(b) Of NDPS Act: Kerala HC Grants Bail
1 month, 2 weeks ago

When Delay In Trial Is Solely Due To Prosecution's 'Lethargy', Personal Liberty Overrides S.37(1)(b) Of NDPS Act: Kerala HC Grants Bail

Live Law  

The Kerala High Court recently held that when the prosecution is solely responsible for the delay in concluding the trial, the liberty guaranteed under Article 21 of the Constitution overrides the effect of Section 37 of the NDPS Act. However, the Supreme Court in Ankur Choudhary v State of Madhya Pradesh had said that if a trial is not concluded …

Supreme Court Weekly Round-up: January 27, 2025 To February 02, 2025
1 month, 2 weeks ago

Supreme Court Weekly Round-up: January 27, 2025 To February 02, 2025

Live Law  

Nominal Index Citations Harshit Harish Jain & Anr. Case Details: M. Venkateswaran v. The State Rep. by the Inspector of Police Citation: 2025 LiveLaw 117 The Supreme Court upheld the conviction of a man under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act who refused to cooperate with the wedding reception function since …

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
2 months ago

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the rights of an accused enshrined under Article 21 of the Constitution of India prevail over the restrictions on grant of bail mentioned under Section 37 of the Narcotic Drugs And Psychotropic Substances Act, 1985. “I am of the view that the restrictions given under section 37 of NDPS Act cannot take precedence …

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC
2 months ago

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC

Live Law  

The Kerala High Court clarified that if bail application of an accused is allowed, then the bail application of co-accused in the same crime cannot be denied without giving sufficient reasons for denial. The Court stated that if the bail application of a co- accused is rejected, then bail application of another co-accused can be allowed only if the allegation …

As the SC delivers a split verdict in Tahir Hussain's bail plea, read what both the judges said
2 months ago

As the SC delivers a split verdict in Tahir Hussain's bail plea, read what both the judges said

Op India  

A division bench of the Supreme Court comprising Justices Pankaj Mithal and Amanuddin Ahsanullah found itself in a fix while hearing the interim bail plea of Delhi Anti-Hindu riots accused Tahir Hussain on Wednesday. Former Aam Aadmi Party Councillor Tahir Hussain filed a plea before the Apex Court seeking interim bail for contesting the upcoming Delhi Assembly elections as a …

Kerala HC grants anticipatory bail to man booked under SC
2 months ago

Kerala HC grants anticipatory bail to man booked under SC

Op India  

The Malayalam expression “pulayadi mone,” which translates as “son of a prostitute,” is not considered a casteist slur that carries criminal penalties under the Scheduled Castes & Scheduled Tribes Act, 1989. The investigation also asserted that the offence under Section 3 had been committed, however, the bench countered that a violation under Section 3 of the Act would specify the …

Kerala drug case accused may be saved from unusual bail condition of standing in public with anti-narcotics placard
2 months ago

Kerala drug case accused may be saved from unusual bail condition of standing in public with anti-narcotics placard

The Hindu  

A native of Kasaragod in Kerala booked for allegedly possessing narcotic drugs may be saved from a trial court’s bail condition of standing in a public place with a placard carrying the message to avoid drugs and alcohol. However, the unusual bail condition imposed by the trial court on January 9 did not apparently go well with the Kerala High …

Madras High Court: Bail depends on nature of crime, not jail term served
2 months ago

Madras High Court: Bail depends on nature of crime, not jail term served

New Indian Express  

CHENNAI: The Madras High Court has stated that the period of incarceration does not entitle an undertrial prisoner to get bail and it should instead be decided by taking into account the magnitude of the offence and its impact on the society. A division bench of Justices S M Subramaniam and M Jothiraman made the observation recently while dismissing an …

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months, 1 week ago

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea

Live Law  

The Supreme Court today issued notice on the anticipatory bail plea of ex-IAS probationary officer Puja Khedkar, who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022. However, Senior Advocate Siddharth Luthra pointed out that the Delhi High Court has given very strong findings in the impugned order, indicting Khedkar …

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court
2 months, 1 week ago

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court

Live Law  

In a case arising out of a matrimonial dispute, the Supreme Court recently set aside a bail condition making the husband's anticipatory bail subject to payment of maintenance to the wife. While granting anticipatory bail, the High Court, in view of appellant's willingness to pay maintenance to the complainant-wife, imposed a condition that Rs.4000/- shall be deposited by him in …

Kerala High Court Issues Bailable Warrant Against Additional Chief Secretary Of Health For Not Complying With Its Directive
Trending News
2 months, 2 weeks ago

Kerala High Court Issues Bailable Warrant Against Additional Chief Secretary Of Health For Not Complying With Its Directive

Live Law  

The Kerala High Court on Wednesday issued bailable warrant against Dr. Rajan N. Khobragade IAS, Additional Chief Secretary in the State's Health and Family Welfare Department for non-compliance of its 2023 order and non-appearance despite the direction of the Court. After the contempt case was filed, the Court on 2nd February 2024 directed the Principal Secretary to the Health and …

Top court warns against interfering in bail orders
2 months, 2 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 …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 3 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Phone Tapping: Telangana HC Reserves Orders on Bail Plea
2 months, 3 weeks ago

Phone Tapping: Telangana HC Reserves Orders on Bail Plea

Deccan Chronicle  

Hyderabad: Justice K. Sujana of Telangana High Court on Thursday reserved the orders in a bail petition filed by former ACP N. Bhujanga Rao, one of the accused in the alleged phone tapping case. Public prosecutor Palle Nageshwar Rao, while opposing the interim bail granted to petitioner N. Bhujanga Rao, A-3, in the phone tapping case, prayed to the court …

100 Important Supreme Court Judgments- Part 3 [51 to 75]
2 months, 3 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
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 …

Speedy trial takes precedence over anti-terror law provisions: SC
3 months ago

Speedy trial takes precedence over anti-terror law provisions: SC

Hindustan Times  

New Delhi The Supreme Court on Tuesday ruled that the constitutional right to a speedy trial would have precedence over the stringent provisions of laws such as the Unlawful Activities Act, emphasising that courts cannot let individuals languish in jail indefinitely. A bench of justices Abhay S Oka and AG Masih held that prolonged incarceration without trial constitutes a violation …

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

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
3 months, 1 week ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024

Live Law  

Supreme Court: Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. Jammu & Kashmir High Court: Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court Case Title: Ajeet Kumar Vs UT Of J&K Citation: 2024 LiveLaw 320 Criticising the growing trend of directly approaching the High Court …

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
3 months, 1 week ago

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court

Live Law  

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities, 1967 on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of …

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
3 months, 1 week ago

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine

India Today  

The Supreme Court said it would revisit the question whether failure to provide the grounds of arrest would lead to bail or release of the accused in all cases. The court's decision came during the hearing of a plea filed by Mihir Shah, the main accused in the high-profile BMW hit-and-run case in Mumbai's Worli. Earlier this month, Mihir Shah …

SC grants bail to two in Waqf Board money laundering case
3 months, 1 week ago

SC grants bail to two in Waqf Board money laundering case

New Indian Express  

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

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
3 months, 1 week ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

'Men Also Have Right & Dignity': Kerala HC Grants Pre-Arrest Bail To Actor Balachandra Menon In Sexual Assault Case Filed With 17 Yrs Delay
3 months, 1 week ago

'Men Also Have Right & Dignity': Kerala HC Grants Pre-Arrest Bail To Actor Balachandra Menon In Sexual Assault Case Filed With 17 Yrs Delay

Live Law  

The Kerala High Court today granted anticipatory bail to Malayalam actor Balachandra Menon in a sexual assault case filed against him with 17 years delay, after publication of the Justice Hema Committee Report. Based on a statement of a lady, that too after 17 years, this case has been registered…It is true that investigation is going on but everybody must …

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions
3 months, 2 weeks ago

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions

Live Law  

The Supreme Court today sought the response of 6 State Governments and their High Courts on the issue of adverse effects of stay orders in criminal trials and the delay in granting sanctions for criminal prosecution. A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar was hearing the Suo motu case regarding the adverse effect …

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra
3 months, 2 weeks ago

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra

Live Law  

The Calcutta High Court has granted bail to recruitment scam accused Sujay Krishna Bhadra. Bhadra's firm was linked with transfer of proceeds of crime to M/S Leaps & Bounds Pvt Ltd, a company linked with AITC MP Abhishek Banerjee.Justice Suvra Ghosh granted bail and held: The case essentially hinges on the statement of the petitioner and the co-accused and recovery …

IIT-BHU gang rape: Third accused granted bail after 11 months in jail
3 months, 2 weeks ago

IIT-BHU gang rape: Third accused granted bail after 11 months in jail

Hindustan Times  

The Allahabad high court has granted bail to Saksham Patel, the third accused in the 2023 gang rape of an Indian Institute of Technology-Banaras Hindu University student. Two other accused, Kunal Pandey and Abhishek Chauhan, were granted bail earlier. Justice Karunesh Singh Pawar, while allowing Patel’s bail application, noted, “Considering the submissions made, the record, and the fact that Patel …

Fix time for completion of trials, but denying bail no solution, SC tells HCs
3 months, 3 weeks ago

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

New Indian Express  

NEW DELHI: The Supreme Court has expressed strong displeasure after discovering that High Courts have been denying bail to people incarcerated for long periods. A two-judge bench of Justices Abhay S. Oka and Augustine George Masih observed, “Every day we notice that in several orders passed by different High Courts while rejecting the bail applications, in a routine manner, the …

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 …

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
3 months, 3 weeks ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court
3 months, 3 weeks 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. …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
3 months, 3 weeks ago

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

Live Law  

The Supreme Court on Monday granted bail to a man accused of counterfeiting currency who had been incarcerated for two years and six months invoking the principle that “bail is the rule and jail is the exception.” “Appellant has undergone incarceration for a period of two and a half years. After rejecting the prayer for bail the courts cannot provide …

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 …

Kerala High Court denies bail to cop accused of raping minor Dalit girl
4 months ago

Kerala High Court denies bail to cop accused of raping minor Dalit girl

India Today  

The Kerala High Court denied bail to a police officer, accused of raping a 14-year-old school girl two years ago on Children’s Day, saying he committed a “heinous offence”. The judge, Justice K Babu, denied the bail petition of the officer, who at the time of the rape was a Student Police Cadet instructor at the victim’s school. In his …

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

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
4 months ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
4 months, 1 week ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
4 months, 1 week ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024

Live Law  

Allahabad High Court: IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court Case title - Kajal And Another vs. State Of U.P. Kerala High Court: S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court Case Title: Sajith v State …

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet
4 months, 2 weeks ago

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet

Hindustan Times  

MUMBAI: Observing that the Central Bureau of Investigation failed to file a chargesheet within 60 days after arresting the accused, a special CBI court on Tuesday granted default bail to Central Goods and Services Tax superintendent Sachin Gokulka and two other co-accused, arrested by the agency earlier for allegedly threatening and demanding a bribe of ₹60 lakh from a Malad-based …

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

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

NIA Files 17 Appeals to Challenge Kerala High Court Order on PFI Members
5 months ago

NIA Files 17 Appeals to Challenge Kerala High Court Order on PFI Members

Deccan Chronicle  

National Investigation Agency (NIA) has filed 17 separate appeals regarding the Kerala High Court order granting bail to 17 members of the banned Popular Front of India (PFI). The high court's order imposed stringent conditions on their bail, including sharing mobile numbers and real-time GPS locations with the investigating officer, surrendering passports, and remaining within Kerala.

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