Can A Juvenile In Conflict With The Law Seek Anticipatory Bail Under S. 438 Cr.PC? Supreme Court To Consider
1 year, 2 months ago

Can A Juvenile In Conflict With The Law Seek Anticipatory Bail Under S. 438 Cr.PC? Supreme Court To Consider

Live Law  

The Supreme Court is set to consider the question of whether an Anticipatory Bail filed under Section 438 of the Criminal Procedure Code, 1973 by a juvenile in conflict with the law as the per Juvenile Justice Act, 2015 is maintainable.A bench of Justice Hrishikesh Roy and Justice Sanjay Karol issued notice to the State on Monday in an appeal. The Supreme Court is set to consider the question of whether an Anticipatory Bail filed under Section 438 of the Criminal Procedure Code, 1973 by a juvenile in conflict with the law as the per Juvenile Justice Act, 2015 is maintainable. A bench of Justice Hrishikesh Roy and Justice Sanjay Karol issued notice to the State on Monday in an appeal filed against an order of the Rajasthan High Court that had refused to entertain the pre arrest bail application of the petitioner who is a juvenile. The Bombay High Court in July 2022, held that a child in conflict with law as per the JJ Act can file an application under Section 438 of CrPC, seeking anticipatory bail.

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History of this topic

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

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court
3 weeks, 4 days 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 …

Supreme Court Quarterly Criminal Digest 2024 [July - September]
3 weeks, 6 days ago

Supreme Court Quarterly Criminal Digest 2024 [July - September]

Live Law  

Armed Forces Civilian Killings - FIR and subsequent proceedings quashed due to absence of mandatory sanction under Section 6 of the Armed Forces Act, 1958. Frank Vitus v. Narcotics Control Bureau, 2024 LiveLaw 441 : AIR 2024 SC 3418 : 8 SCC 415 : 2024 CriLJ 3297 Section 437 – Bail – Object of imposing conditions of bail – It …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
5 months, 2 weeks ago

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC

Live Law  

The Chattisgarh High Court has allowed a bail application upon observing that the right to expeditious trial is a fundamental right. The Court noted that under Section 193 of BNSS, it is the duty of the Investigating Officer to provide a police report and other documents to the accused, with the documents being indexed to the Magistrate as required under …

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court
6 months, 1 week ago

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has extended bail to a juvenile accused in a case registered under Sections 376, 506 of the Indian Penal Code, and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012. Subsequently, the JJ Board conducted a preliminary assessment under Section 15 of the Juvenile Justice Act, 2015, and ordered that the accused be …

UP Amendment To S. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC
7 months, 1 week ago

UP Amendment To S. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC

Live Law  

The Allahabad High Court has held that the Criminal Procedure Code Act, 2018 which revived the provision of anticipatory bail in the State, doesn't bar the grant of PRE-ARREST BAIL to an accused booked for an offence under subsection of Section 376 IPC. On the other hand, the state's counsel contending raised a preliminary objection that sub-section of Section 438 …

Andhra Pradesh & Telangana High Court Weekly Round-Up: March 25
8 months, 3 weeks ago

Andhra Pradesh & Telangana High Court Weekly Round-Up: March 25

Live Law  

G. Krishnaveni vs The State through S.H.O., PS, 2024 LiveLaw 53 Dubbudu Ramakanth Reddy vs State of TS, 2024 LiveLaw 54 Central Bureau of Investigation, vs Sridhar Subasri, A2 2024 LiveLaw 55 Mohammed Abdul Mobeen Mobin vs. State of TS, 2024 LiveLaw 56 Venkata Siva Kumar Yadhanapudi vs. the Union of India, 2024 LiveLaw 57 Dugyala Praneeth Kumar alias Praneeth …

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC
9 months ago

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC

Live Law  

The Allahabad High Court recently clarified that the criminal cases in which the accused are not charge-sheeted under the SC/ST Act are liable to be processed under the provisions of CrPC, even if the offence is being tried by the special court established under the SC/ST Act.A bench of Justice Ajay Bhanot observed thus while dealing with an application filed …

Andhra Pradesh High Court Rebukes Police Over CrPC 41-A Compliance
10 months, 2 weeks ago

Andhra Pradesh High Court Rebukes Police Over CrPC 41-A Compliance

Deccan Chronicle  

Vijayawada: The Andhra Pradesh High Court has expressed displeasure over the police failure to comply with the norms of section 41-A of CrPC. A single judge bench of T. Mallikharjuna Rao held a hearing on an anticipatory bail plea of Telugu Desam MLA Yeluri Sambasiva Rao here on Monday over a case booked against him by the Marturu police. Petitioner’s …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
10 months, 3 weeks ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

Supreme Court Refuses To Entertain Petition Challenging Validity Of Section 15 JJ Act; Liberty Granted To Approach HC
11 months, 2 weeks ago

Supreme Court Refuses To Entertain Petition Challenging Validity Of Section 15 JJ Act; Liberty Granted To Approach HC

Live Law  

The Supreme Court bench on Monday dismissed a petition challenging the constitutionality of S.15 of the Juvenile Justice Act, 2015 which provided for a preliminary assessment of Juveniles above the age of 16, charged with heinous crimes. The advocate contended that through the petition they endeavoured to challenge certain retrogressive amendments to the JJ Act “which is leading to a …

No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation
1 year ago

No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation

Live Law  

Noting that the appellants who sought anticipatory bail had been given notice under Section 41-A CrPC, the Madhya Pradesh High Court observed that there was no necessity to grant the relief of anticipatory bail. The single-judge bench of Justice Vishal Dhagat noted that the accused have already received Section 41-A CrPC notice from the investigating officer and a direction to …

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law  

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

POCSO Act Prevails Over SC-ST Act, Anticipatory Bail Plea U/S 438 CrPC Maintainable Where Accused Charged Under Both: Allahabad HC
1 year, 2 months ago

POCSO Act Prevails Over SC-ST Act, Anticipatory Bail Plea U/S 438 CrPC Maintainable Where Accused Charged Under Both: Allahabad HC

Live Law  

The Allahabad High Court has held that where an accused has been booked under the POCSO Act as well as the SC/ST Act, the provision of the former will prevail over the latter and an anticipatory bail plea moved by such accused would be maintainable. Act and Section 438 CrPC contending that anticipatory bail application is not maintainable as an …

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court
1 year, 3 months ago

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court

Live Law  

The Kerala High Court on Wednesday reiterated that Section 438 of the Code of Criminal Procedure does not create an absolute bar in the grant of anticipatory bail to an accused alleged of raping a minor girl when no prima facie materials exist warranting the arrest of the accused.Section 438 excludes the grant of pre-arrest bail to offences under Sections …

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court
1 year, 6 months ago

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court

Live Law  

The Delhi High Court has ruled that the discretion of an applicant to choose either High Court or trial court for moving anticipatory bail plea cannot be restricted by construing section 438 of CrPC narrowly. Analyzing the provision, a vacation bench of Justice Chandra Dhari Singh said that there is no bar on approaching the High Court directly for seeking …

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court
1 year, 7 months ago

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court

Live Law  

The Allahabad High Court has clarified that no person can apply for bail in parts and that an accused is required to seek bail for all the offences for which he is wanted. “No person can be permitted to apply for bail in part, that too firstly getting bail by invoking powers u/s 437 CrPC and later on taking recourse …

Allahabad High Court Weekly Round Up: March 6 To March 12, 2023
1 year, 9 months ago

Allahabad High Court Weekly Round Up: March 6 To March 12, 2023

Live Law  

NOMINAL INDEX Kalika Pratap Singh vs. State Of U.P. The Superintendent Of Police Cbi/Acb Lko 2023 LiveLaw 92 ORDERS/JUDGMENTS OF THE WEEK Can't Examine Any Defence Of Accused While Considering Prayer For Quashing Of Charge Sheet: Allahabad High Court Case title - Kalika Pratap Singh vs. State Of U.P. And 2 Others Case citation: 2023 LiveLaw 86 While cancelling bail …

Juvenile Directed To Be Tried As Adult Can Seek Bail From Children's Court U/S 12 JJ Act, Need Not Resort To CrPC: Karnataka High Court
1 year, 9 months ago

Juvenile Directed To Be Tried As Adult Can Seek Bail From Children's Court U/S 12 JJ Act, Need Not Resort To CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that once an order is passed under Section 15 of the Juvenile Justice Act, holding that a child in conflict with law is required to be tried for heinous offences as an adult, the JJ Board has no jurisdiction to consider the bail application pending before it. A single judge bench of …

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC
1 year, 9 months ago

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC

Live Law  

The Calcutta High Court recently granted bail to two accused persons in a NDPS case on the grounds that Section 41B of CrPC was not complied with, there were discrepancies in the documents of seizure. While allowing the bail application of the accused persons the division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay held: “The provisions of Section …

Allahabad High Court Grants Bail To Juvenile U/S 12 JJ Act, Says Nature Of Offence Not A Relevant Ground For Rejection
1 year, 9 months ago

Allahabad High Court Grants Bail To Juvenile U/S 12 JJ Act, Says Nature Of Offence Not A Relevant Ground For Rejection

Live Law  

A bench of Justice Sanjay Kumar Pachori of Allahabad High Court granted bail under section 12 of JJ Act to a person, who was at the time of incident juvenile and accused of heinous offence. The bail application of the accused person charged under Sections 302,201,34 of Indian Penal Code was rejected by the JJ Board on the ground of …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
1 year, 9 months ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC
1 year, 11 months ago

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC

Live Law  

The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 of CrPC in an FIR registered under section 376 of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law Act, 2018.Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of …

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC
2 years ago

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

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

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

Live Law  

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

S.41D CrPC | Advocate Cannot Be Permitted To Remain Present With Accused During Entire Course Of Interrogation: Calcutta High Court
2 years, 1 month ago

S.41D CrPC | Advocate Cannot Be Permitted To Remain Present With Accused During Entire Course Of Interrogation: Calcutta High Court

Live Law  

The Calcutta High Court has made it clear that Section 41D of CrPC, which entitles an accused to meet an Advocate of his choice during interrogation by the investigating agency, does not extend to presence of Advocate throughout the investigation.While admitting a criminal revision application preferred by the Enforcement Directorate against the Magistrate's order permitting the Advocate. The Calcutta High …

Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court
2 years, 2 months ago

Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a person who has already been granted regular bail under Section 439 of CrPC and if it found that he has not misused the liberty, then he may be granted anticipatory bail under Section 438 of CrPC in connection with added sections related to the same crime.With this, the bench of Justice Krishan …

'Education cannot be discontinued': Bombay HC grants bail to juvenile accused of gang-raping minor
2 years, 3 months ago

'Education cannot be discontinued': Bombay HC grants bail to juvenile accused of gang-raping minor

India Today  

The Bombay High Court has granted bail to a man who was arrested in a gang-rape case two years ago when he was a juvenile, noting that he has responded positively to the rehabilitative efforts. With the principle of ‘presumption of innocence’ incorporated in Section 3 of the Juvenile Justice Act, he is presumed to be innocent till he is …

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court
2 years, 3 months ago

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court

Live Law  

The Madhya Pradesh High Court recently reiterated that an accused appearing before the trial court, pursuant to a notice served upon them by the police for filing of charge-sheet, is deemed to be under the custody of the court. The bench comprising of Justice Vishal Dhagat further held that the application under Section 439 CrPC moved by the accused in …

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court
2 years, 4 months ago

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court

Live Law  

Punjab and Haryana High Court has reiterated that in terms of Section 437 of CrPC, bail ought to be granted where the trial in a case triable by Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence. The observation was made by Justice Jasjit Singh Bedi while dealing with a …

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court
2 years, 4 months ago

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the trial court does not have the power under Section 94 of Juvenile Justice Act, 2015 to determine the age as contested by the accused and that the same can be exercised only by the Juvenile Justice Board. Setting aside the order passed by the lower court whereby it had …

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court
2 years, 4 months ago

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 4 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Section 436A CrPC Akin To Statutory Bail ; Can Be Invoked By Accused Arrested Under PMLA : Supreme Court
2 years, 4 months ago

Section 436A CrPC Akin To Statutory Bail ; Can Be Invoked By Accused Arrested Under PMLA : Supreme Court

Live Law  

The Supreme Court observed that the beneficial provision of Section 436A of Criminal Procedure Code could be invoked by the accused arrested for offence punishable under the Prevention of Money Laundering Act, 2002 Act.Section 436A CrPC needs to be construed as a statutory bail provision and akin to Section 167 CrPC, the bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and …

Section 438 CrPC Nowhere Indicates That A Proclaimed Offender Is Barred To File Anticipatory Bail Plea: Allahabad High Court
2 years, 5 months ago

Section 438 CrPC Nowhere Indicates That A Proclaimed Offender Is Barred To File Anticipatory Bail Plea: Allahabad High Court

Live Law  

Hinting that a proclaimed offender may also move an anticipatory bail plea, the Allahabad High Court has observed that Section 438 of CrPC doesn't say that a proclaimed offender would be barred to file such a plea.The bench of Justice Rajesh Singh Chauhan further observed that Section 82 CrPC neither creates any rider nor imposes any restrictions in. Hinting that …

Explained | Why is the Supreme Court seeking a separate bail law?
2 years, 5 months ago

Explained | Why is the Supreme Court seeking a separate bail law?

The Hindu  

The story so far: On July 11, the Supreme Court urged the Centre to bring a new law to simplify and streamline the process of bail, referring to the Bail Act of the U.K. A Bench of Justices S.K. The Supreme Court judgment issued clarifications to a 2021 ruling on guidelines for considering bail for offences under the Criminal Procedure …

Inquiry In Anticipatory Bail Applications Must Be Limited To Applicant's Case, Can't Be Directed Against Third Parties : Supreme Court
2 years, 5 months ago

Inquiry In Anticipatory Bail Applications Must Be Limited To Applicant's Case, Can't Be Directed Against Third Parties : Supreme Court

Live Law  

The Supreme Court, on Thursday, held that it is not open for High Courts to implead third parties in exercise of powers under Section 438 of the Code of Criminal Procedure, the provision that deals with anticipatory bail. In a plea assailing interim orders of the Patna High Court which had issued notice seeking appearance of Sahara Chief Subrata Roy …

No reason why juvenile in conflict of law cannot file anticipatory bail plea, says Bombay HC
2 years, 5 months ago

No reason why juvenile in conflict of law cannot file anticipatory bail plea, says Bombay HC

India Today  

The Aurangabad Bench of the Bombay High Court has held that a juvenile in conflict with the law can file an anticipatory bail application. The bench of Justices SV Kotwal and BP Deshpande observed that denying a juvenile in conflict with law an opportunity to exercise the right of preferring an anticipatory bail application under Section 438 of the Criminal …

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

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

Live Law  

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

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 6 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

Can't Grant Anticipatory Bail For Case Registered Outside Court's Territorial Limits: J&K&L High Court
2 years, 6 months ago

Can't Grant Anticipatory Bail For Case Registered Outside Court's Territorial Limits: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court, while hearing a plea seeking anticipatory bail under section 438 CrPC, has ruled that it has no jurisdiction to grant anticipatory bail to a person against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code. It further follows …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 6 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

Supreme Court Sets Aside Delhi HC Bail To Man Accused Of Kidnap-Murder Of 13 Year Old Boy
2 years, 6 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: …

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court
2 years, 7 months ago

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

Live Law  

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

High Court Can Exercise Jurisdiction U/S 482 CrPC & Direct That Sentence Imposed By Trial Court Shall Run Concurrently: Madras HC
2 years, 8 months ago

High Court Can Exercise Jurisdiction U/S 482 CrPC & Direct That Sentence Imposed By Trial Court Shall Run Concurrently: Madras HC

Live Law  

The Madras High Court recently held that the scope of Section 427 CrPC is that, in respect of conviction to undergo the sentence of imprisonment passed on subsequent cases for the offence of same nature, the sentence shall run concurrently. The court also made it clear that it can exercise of its jurisdiction under Section 482 of CrPC and issue …

Allahabad High Court Grants Bail To A Murder-Convict In Jail For 17 Years In View Of SC's Order In 'Saudan Singh' Case
2 years, 8 months ago

Allahabad High Court Grants Bail To A Murder-Convict In Jail For 17 Years In View Of SC's Order In 'Saudan Singh' Case

Live Law  

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, the Allahabad High Court on Thursday granted bail to one Hari Bhawan who has already served over a total of 17 years in jail.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent …

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case
2 years, 8 months ago

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case

Live Law  

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, the Allahabad High Court on Wednesday granted bail to one Fareed who has already served over a total of 16 years in jail.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent observations …

'Child In Conflict With Law Can't Be Treated As Under Trial Prisoner U/S 436-A CrPC': Madhya Pradesh High Court
2 years, 9 months ago

'Child In Conflict With Law Can't Be Treated As Under Trial Prisoner U/S 436-A CrPC': Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently held that a Child in Conflict with Law cannot be treated as an undertrial prisoner as contemplated under Section 436-A CrPC, since arrest/ confinement/ apprehension are not contemplated in Juvenile Justice Act, 2015. Elucidating the historical background of Section 436-A CrPC, he submitted that the said provision came into force by way …

Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance, Either Personally Or Through Counsel: Karnataka High Court
2 years, 10 months ago

Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance, Either Personally Or Through Counsel: Karnataka High Court

Live Law  

The Karnataka High Court has said that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticipatory bail by invoking section 438 of the Criminal Procedure Code. Justice H P Sandesh thus dismissed the anticipatory bail petition filed by one Ramesh and granted him liberty to approach the Trial Court by filing …

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