Should Subsequent Bail Pleas Be Listed Before Roster Judge Even If Judge Who Heard Earlier Plea Is Present? Madras HC Refers To Larger Bench
3 weeks, 4 days ago

Should Subsequent Bail Pleas Be Listed Before Roster Judge Even If Judge Who Heard Earlier Plea Is Present? Madras HC Refers To Larger Bench

Live Law  

The Madras High Court has referred to a larger bench the issue on whether subsequent bail applications filed by an accused should be listed before the roster bench even if the judge who had dealt with an earlier bail/anticipatory bail petition is available. Justice Sunder Mohan referred the question to the larger bench after noting the Supreme Court's clarification in Shekhar Prasad Mahto @ Shekhar Kushwaha v. The Registrar General which the high court said had held that where the roster system is followed in many High Courts, the applications filed by the accused in the same FIR would have to be placed only before the roster Judge. The question reads: “Whether the clarification issued by the Hon'ble Supreme Court in Shekhar Prasad Mahto @ Shekhar Kushwaha v. The Registrar General, Jharkhand High Court, is only with regard to the listing of the applications filed by the accused in the same FIR or is also with regard to the listing of successive bail applications of an accused before the roster Judge, even if the Judge who dealt with the earlier application for bail/anticipatory bail is available?” The question involved is with respect to the listing of subsequent bail applications and whether it should be listed before the same judge who had dealt with earlier petitions or before the judge who has the roster during the relevant time. However, since the above two decisions were creating confusion in the High Courts following a roster system, the Supreme Court clarified the direction in Shekhar Prasad Mahto v. The Registrar General, Jharkhand High Court, and said that where the roster system was followed, the applications filed by the accused in the same FIR would have to be placed only before the roster Judge.

Court Applications Judge Accused High Fir Mohan Supreme Filed Bench Bail Pleas Roster Registry Subsequent Larger Bench Larger Bail Applications Justice Mohan Subsequent Bail Applications Shekhar Prasad Mahto Roster Judge  plea  listed  refers  present  court  roster  accused  applications  subsequent  high  madras  fir  bail  pleas  supreme  judge  larger  filed

History of this topic

Shivaji remarks row: HC asks Kolhapur court to decide ex-scribe's pre-arrest bail on merits of case
1 week, 4 days ago

Shivaji remarks row: HC asks Kolhapur court to decide ex-scribe's pre-arrest bail on merits of case

Hindustan Times  

Mumbai, The Bombay High Court on Tuesday asked the Kolhapur sessions court to decide the anticipatory bail plea of former journalist Prashant Koratkar, accused of making offensive remarks on Chhatrapati Shivaji Maharaj and his son, on the merits of the case after hearing the parties. Shivaji remarks row: HC asks Kolhapur court to decide ex-scribe's pre-arrest bail on merits of …

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 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 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 …

Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies
2 weeks, 2 days ago

Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies

Live Law  

While answering a reference made by a single judge, a division bench of the Madras High Court has clarified that all successive bail applications/anticipatory bail applications arising out of the same FIR/Crime Number shall be listed before the judge holding the roster. “ All bail/anticipatory bail applications arising out of the same FIR/Crime Number shall be listed before the same …

Allahabad High Court Changes Rules For Listing Of Cases Arising From Same FIRs In View Of SC's Judgment
3 weeks, 1 day ago

Allahabad High Court Changes Rules For Listing Of Cases Arising From Same FIRs In View Of SC's Judgment

Live Law  

Recently, the Allahabad High Court published an administrative order changing the rules for listing cases arising out of the same FIRs/ case crime numbers. 2025 LiveLaw 188 More about the Apex Court's judgment here : Rule To List Bail Pleas From Same FIR Before Same Bench Won't Apply If Judge's Roster Changes : Supreme Court Clarifies By order dated 25.02.2025, …

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 …

Supreme Court Relaxes Rule On Listing Bail Pleas Before Same Judge When Roster Changes
1 month, 1 week ago

Supreme Court Relaxes Rule On Listing Bail Pleas Before Same Judge When Roster Changes

Live Law  

The Supreme Court recently clarified its earlier judgments which mandated that bail applications arising out of the same FIR should be placed before the same bench/judge, taking note of the practical difficulties which arise after roster changes.If the judge who dealt with the earlier bail application becomes a part of a division bench after a roster change, then the subsequent …

HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea
1 month, 1 week 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 …

Legal Expatiate, Certificate Course, Draftng And Pleadng, Bail
1 month, 1 week ago

Legal Expatiate, Certificate Course, Draftng And Pleadng, Bail

Live Law  

In this dynamic course, you'll delve into the drafting and pleading of regular and anticipatory bail applications in trial and High court. TOPICS COVERED Day I - Bailable & Non bailable offence in BNS - ⁠Types of Bail in BNS and BNSS - ⁠Concept of anticipatory bail in BNS Day 2 - Art of drafting and contesting anticipatory bail applications …

Delhi HC seeks SC clarification on court jurisdiction for Engineer Rashid’s bail plea
Trending News
1 month, 2 weeks ago

Delhi HC seeks SC clarification on court jurisdiction for Engineer Rashid’s bail plea

New Indian Express  

NEW DELHI: The Delhi High Court has approached the Supreme Court seeking clarification regarding the appropriate trial court to hear the bail plea of Baramulla MP Engineer Rashid, currently imprisoned in a terror funding case under the Unlawful Activities Act. The issue arose after the special NIA court, which had reserved its order on Rashid’s bail plea, later transferred the …

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court
1 month, 2 weeks ago

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court

Live Law  

The Karnataka High Court has said that unless there are exceptional circumstances to file an anticipatory bail application directly before the High Court, bypassing the Sessions Court, it will be prudent for the accused to approach the Sessions Court at the first instance seeking relief. It was argued that both Sessions Court and High Court have concurrent jurisdiction to entertain …

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017
1 month, 3 weeks ago

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017

Live Law  

While granting bail to a man accused of murder, the Allahabad High Court observed that it was regrettable that the applicant was kept in prison for more than 7 years without the trail ending anytime soon. Justice Krishan Pahal held, “Keeping the applicant in custody under these circumstances, when there is no realistic possibility of the trial being concluded in …

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman
1 month, 3 weeks ago

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman

Live Law  

The Allahabad High Court today refused the anticipatory bail plea filed by Congress's Member of Parliament from Sitapur Lok Sabha constituency, Rakesh Rathore, in connection with an FIR against him over allegations of sexually exploiting a 35-year-old woman.However, a bench of Justice Rajesh Singh Chauhan disposed of his plea at the admission stage, giving him the liberty. The Allahabad High …

Why 2-Judge Benches Hear Bail Applications? Supreme Court Questions Calcutta High Court Practice, Seeks Report
1 month, 3 weeks ago

Why 2-Judge Benches Hear Bail Applications? Supreme Court Questions Calcutta High Court Practice, Seeks Report

Live Law  

The Supreme Court recently questioned the practice of the Calcutta High Court hearing regular and anticipatory bail applications before Division Benches instead of Single Judges, as is the norm in other High Courts. “When there is a huge filing and pendency of the bail applications, we wonder why regular bail applications and anticipatory bail applications are being heard by the …

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]
1 month, 3 weeks 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 …

Tahir Hussain bail plea: Supreme Court constitutes special bench to hear petitition on January 28
Trending News
1 month, 3 weeks ago

Tahir Hussain bail plea: Supreme Court constitutes special bench to hear petitition on January 28

India TV News  

A special bench has been constituted by Chief Justice Sanjiv Khanna to hear the interim bail plea of Tahir Hussain, a accused in a case of February 2020 riots connected to the death of Intelligence Bureau staffer Ankit Sharma. The bench comprising Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta in the Supreme Court will hear Hussain’s bail …

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him
1 month, 3 weeks ago

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him

Live Law  

The Supreme Court recently imposed costs of Rupees Two Lakhs on a petitioner who intended "to take undue advantage of procedural law" after he withdrew his anticipatory bail application twice before the High Court before moving the Apex Court. The bench noted that before the High Court the accused had withdrawn his application on Septem 30, 2024 on seeing the …

Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Seeking Expeditious Decision On Bail Plea In UAPA Case
1 month, 3 weeks ago

Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Seeking Expeditious Decision On Bail Plea In UAPA Case

Live Law  

Jammu and Kashmir MP Rashid Engineer on Wednesday moved the Delhi High Court seeking expeditious ruling by the trial court on his second regular bail plea in connection with a terror funding case. Rashid has sought directions to the trial court judge to expedite a decision on his pending regular bail application. The development ensued after the ASJ, which was …

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 …

2-judge SC bench refers Tahir Hussain bail plea to CJI after split verdict
Top News
2 months ago

2-judge SC bench refers Tahir Hussain bail plea to CJI after split verdict

Hindustan Times  

A two-judge Supreme Court bench on Wednesday gave a split verdict on former councillor Tahir Hussain’s interim bail plea to contest the February 5 Delhi polls and referred the matter to the Chief Justice of India to either assign it to a third judge or constitute a larger bench of three judges. “This may open a floodgate of litigation and …

Mere Passing Of Detention Order Against An Individual Cannot Be A Bar For Deciding His Bail Application: Madras High Court
2 months ago

Mere Passing Of Detention Order Against An Individual Cannot Be A Bar For Deciding His Bail Application: Madras High Court

Live Law  

The Madras High Court has held that passing of a detention order against an individual cannot be a bar on the Court to decide such person's bail application. However, noting that the detention order could not be a bar, the court said that the bail order would stand and gave liberty to the man to work out his remedy against …

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail
Trending News
2 months ago

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail

The Hindu  

The Supreme Court on Tuesday asked Delhi Police to respond to a plea filed by former Councillor and Delhi riots accused Tahir Hussain, who has sought interim bail to campaign for the upcoming Delhi Assembly polls. Senior advocate Siddharth Aggarwal, appearing for Mr. Hussain, submitted the former Councillor was in custody for over four years and inciting a mob during …

Supreme Court Seeks Delhi Police Response On Tahir Hussain's Plea For Interim Bail For Delhi Elections
2 months ago

Supreme Court Seeks Delhi Police Response On Tahir Hussain's Plea For Interim Bail For Delhi Elections

Live Law  

The Supreme Court today sought Delhi Police's response on the plea filed by All India Majlis-e-Ittehadul Muslimeen candidate and Delhi Riots case accused Mohd Tahir Hussain seeking interim bail in order to campaign for the upcoming Delhi Assembly polls.To recapitulate briefly, Hussain initially sought interim bail from the Delhi High Court in a murder case registered in relation to. The …

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 …

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
Trending News
2 months, 1 week ago

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order

Live Law  

The Delhi Police on Tuesday opposed the plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. ASG Chetan Sharma, along with SPP Rajat Nair appeared for the Delhi …

'Nomination Can Be Filed Even While Sitting In Jail': Delhi High Court On Tahir Hussain's Interim Bail Plea To Contest Assembly Polls
2 months, 1 week ago

'Nomination Can Be Filed Even While Sitting In Jail': Delhi High Court On Tahir Hussain's Interim Bail Plea To Contest Assembly Polls

Live Law  

The Delhi High Court on Monday listed for tomorrow a plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. Justice Neena Bansal Krishna said that it will hear …

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

Telangana HC reserves orders on pre-bail of Allu Arjun`s staff
2 months, 2 weeks ago

Telangana HC reserves orders on pre-bail of Allu Arjun`s staff

Deccan Chronicle  

Hyderabad:Manager and personal security guard of film actor Allu Arjun approached the High Court seeking anticipatory bail in the criminal case registered against them at Chikkadpally police station, in connection with the Sandhya Theater stampede incident. Adla Sharath Chandra Naidu, manager, and Cheruku Ramesh, security guard, submitted to the court that the allegations in the FIR and remand report fail …

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders
2 months, 3 weeks ago

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders

Live Law  

The High Court of Jammu & Kashmir and Ladakh has stressed the necessity for judicial sensitivity and diligence in dealing with bail applications. Justice Dhar made these observations in a plea involving petitioner Umar Bashir Khan, who sought bail in connection with FIR registered under Sections 451, 376/511, 354, and 506 of the Ranbir Penal Code. After examining the submissions …

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 …

Calcutta High Courts rejects bail prayer of former Bengal Education Minister Partha Chatterjee, 4 others
2 months, 3 weeks ago

Calcutta High Courts rejects bail prayer of former Bengal Education Minister Partha Chatterjee, 4 others

The Hindu  

The Calcutta High Court on Tuesday rejected the bail petition of former West Bengal Education Minister Partha Chatterjee and four other ex-public servants in a CBI case over an alleged school jobs recruitment scam. Besides Chatterjee, Justice Tapabrata Chakraborty also rejected the bail prayer of former West Bengal School Service Commission chairman Subires Bhattacharya, former State Secondary Education Board president …

Kolkata HC rejects bail pleas of Partha Chatterjee in school jobs case
2 months, 3 weeks ago

Kolkata HC rejects bail pleas of Partha Chatterjee in school jobs case

Hindustan Times  

The Calcutta High Court on Tuesday rejected the bail petitions of former West Bengal education minister Partha Chatterjee and four other ex-public servants in a CBI case over an alleged school jobs recruitment scam. Ex-West Bengal education minister Partha Chatterjee Besides Chatterjee, Justice Tapabrata Chakraborty also rejected the bail prayers of former West Bengal School Service Commission chairman Subires Bhattacharya, …

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

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

Live Law  

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". Such reluctance exacerbates the burden on High Courts, where …

Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader
3 months ago

Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader

Live Law  

The Karnataka High Court on Friday granted interim bail and directed immediate release from custody of BJP Legislator C T Ravi, who was arrested for allegedly using derogatory words against Congress Legislator Laxmi Hebbalkar inside the State Council, at Belagavi. It said “I am of the opinion that prima facie case is made out by the petitioner for his release …

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 …

Bombay High Court grants bail to 14 accused in Mira Road communal violence case
3 months, 1 week ago

Bombay High Court grants bail to 14 accused in Mira Road communal violence case

The Hindu  

The Bombay High Court has granted bail to 14 Muslim men arrested for their alleged involvement in the Mira Road communal violence this January. Noting that their further detention appeared ‘tenuous’, a Single Bench judge, Justice Nijamoodin J. Jamadar observed, “Prima facie, it appears that premeditation or a prior meeting of mind to attack the members of the convoy cannot …

Ensure release of prisoners languishing unnecessarily in jails: HC
3 months, 1 week ago

Ensure release of prisoners languishing unnecessarily in jails: HC

Deccan Chronicle  

The Madras High Court has asked its Registrar General to ensure that the process for release of prisoners languishing unnecessarily in jails was accelerated by completing the formalities.Filing of necessary petitions through the Legal Aid Services before the competent court should also be ensured.A division bench comprising Justices S M Subramaniam and M Jyothiraman passed the order on Monday on …

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
3 months, 2 weeks ago

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

Live Law  

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

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC
3 months, 2 weeks ago

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC

Live Law  

The Madras High Court recently observed that when an application for extension was filed by the prosecution, the presence of the accused was ensured only to inform him about the application and consider the objections, if any. Justice Sunder Mohan emphasized that while considering the application for extension, the court was only required to consider whether the report of the …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 2 weeks ago

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

Live Law  

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. It was his case that the accused had approached the Sessions Court by concealing the factum of criminal antecedents of two previous cases, …

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 …

Telangana HC Reserves Order on Anticipatory Bail of iNews MD in Phone-Tapping Case
3 months, 3 weeks ago

Telangana HC Reserves Order on Anticipatory Bail of iNews MD in Phone-Tapping Case

Deccan Chronicle  

Hyderabad: Justice Dr G. Radha Rani of Telangana High Court on Thursday reserved orders in the anticipatory bail petition filed by iNews managing director Aruvela Shravan Kumar, sixth accused in the phone-tapping operation of the BRS government, who fled to the US when the snooping came to light. Public prosecutor Palle Nageshwar Rao submitted a 440-page counter affidavit, pointed out …

'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
3 months, 3 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 …

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession
4 months, 1 week ago

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

Live Law  

The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them. The court passed the order …

Lakhimpur Kheri Violence | Their Case Stands On Better Footing Than That Of Ashish Mishra: Allahabad HC Grants Bail To 12 Accused
4 months, 1 week ago

Lakhimpur Kheri Violence | Their Case Stands On Better Footing Than That Of Ashish Mishra: Allahabad HC Grants Bail To 12 Accused

Live Law  

The Allahabad High Court on Monday granted bail to 12 accused in the Lakhimpur Kheri violence incident related to the killings of five persons in October 2021, noting that their case is on a better footing than the case of Ashish Mishra, who was granted bail by Top Court in July this year. The court also factored in that there …

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail
4 months, 1 week ago

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail

Live Law  

The Gujarat High Court granted regular bail to Saquib Nisar Shaikh–booked in connection with the 2013 Sabarmati prison break attempt case by allegedly digging a tunnel, noting that the applicant had already been in jail for over a decade with no immediate prospect of completion of trial.The FIR was registered under IPC Sections 224, 120B, 130and Sections 42 and 45 …

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