HC, Sessions Court Have Concurrent Jurisdiction In Anticipatory Bail, Reiterates U’khand HC [Read Judgment]
6 years, 4 months ago

HC, Sessions Court Have Concurrent Jurisdiction In Anticipatory Bail, Reiterates U’khand HC [Read Judgment]

Live Law  

The Uttarakhand High Court has, while deciding a reference sent by a single judge, reiterated that “the High Court and the Court of Session have concurrent jurisdiction under Section 438 of Cr.P.C ” and that, “it is for the accused to choose the forum and the same cannot be restricted by construing the provision of Section 438 of Cr.P.C. While deciding the question, the division bench said, “According to plain language of Section 438 of Cr.P.C, any person who has reason to believe that he may be arrested on accusation of having committed a non- bailable offence, may apply to the High Court or the Court of Session.” “The principles of Sections 438 and 439 of Cr.P.C. In yet another case titled Y Chendrasekhara Rao & others vs. YV Kamala Kumari & others, the division bench of Andhra Pradesh High Court had in 1993 held that Section 438 CrPC confers power both on High Court and Court of Session to grant anticipatory bail and that denial of right of moving to the high court in the first instance amounts to violation of Article 21 of the Constitution. The Uttarakhand High Court also referred to a recent Supreme Court judgement in case titled Barun Chandra Thakur vs. Central Bureau of Investigation & others wherein the court had held that the act of the respondent in approaching the high court directly for anticipatory bail cannot be faulted when both high court and the court of sessions have concurrent jurisdiction.

High Court Court Bail Held High Bench Session Sessions Anticipatory Sessions Court Concurrent Jurisdiction Section 438 438 Concurrent  hc  concurrent  bail  session  anticipatory  bench  judgment  438  read  sessions  held  crpc  court  ukhand  high  jurisdiction  reiterates

History of this topic

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

In India, Far More Demand For Government Jobs Than Available Posts; Absolute Scruplousness Necessary In Selection Process: Supreme Court
2 weeks, 2 days ago

In India, Far More Demand For Government Jobs Than Available Posts; Absolute Scruplousness Necessary In Selection Process: Supreme Court

Live Law  

"In India, the reality is that there are far more takers of Government jobs than there are jobs available," observed the Supreme Court recently while setting aside the bail granted to the accused in case over the use of a "dummy candidate" in a Civil Engineer Competitive Examination.A bench comprising Justice Sanjay Karol and Justice Ahsanudding Amanullah allowed the appeal …

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
3 weeks ago

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences

Live Law  

In a recent case of 'X v. State of Rajasthan,' the Supreme Court observed that courts should refrain from entertaining bail applications in serious offences such as rape, murder, dacoity once the trial has commenced. Relying on an earlier order granting bail to a co-accused as well as noting certain discrepancies in the prosecutrix's statement recorded under Section 164 of …

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts
3 weeks, 5 days ago

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts

Live Law  

Asking him to approach the Allahabad High Court for quashing/clubbing of FIRs, the Supreme Court today stayed for 2 weeks the arrest of Samajwadi Party trade wing chief Manish Jagan Agrawal who has been booked by Uttar Pradesh authorities over certain "objectionable" social media posts. "If the petitioner is already on bail, his arrest shall remain stayed for 2 weeks …

'Shocking': Bombay HC slams lower court's order granting partial relief to 5 cops in Badlapur encounter case
3 weeks, 6 days ago

'Shocking': Bombay HC slams lower court's order granting partial relief to 5 cops in Badlapur encounter case

New Indian Express  

On Thursday, a division bench of Justices Revati Mohite Dere and Neela Gokhale, hearing a petition filed by the accused's father claiming that his son was killed in a fake encounter, was informed of the sessions court's order. The bench asked how the sessions court could pass such an order when the HC was seized of the matter. The high …

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

HC flays P.C.George for repeating hateful speeches despite the bail condition not to do so
1 month, 1 week ago

HC flays P.C.George for repeating hateful speeches despite the bail condition not to do so

The Hindu  

The Kerala High Court on Monday slammed BJP leader P. C. George for flouting the High Court and magistrate’s court’s bail conditions in hate speech cases registered earlier against him and repeating hateful remarks in violation of the conditions not to make such kind of statements again. Justice P.V.Kunhikrishnan made the oral observation when his anticipatory bail petition in a …

Supreme Court Relaxes Rule On Listing Bail Pleas Before Same Judge When Roster Changes
1 month, 2 weeks 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, 2 weeks ago

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

Hindustan Times  

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

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court
1 month, 3 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 …

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]
2 months ago

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

Live Law  

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

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

Madras High Court: Bail depends on nature of crime, not jail term served
2 months, 1 week 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 …

Abolition Of The Post Of “Assistant Sessions Judge” By The “BNSS”, Whether Justifiable.
2 months, 2 weeks ago

Abolition Of The Post Of “Assistant Sessions Judge” By The “BNSS”, Whether Justifiable.

Live Law  

Section 9 : Court of Session The State Government shall establish a Court of Session for every sessions division. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session. Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any …

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 …

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 …

Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court
3 months, 2 weeks ago

Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court, while granting interim bail to an accused has emphasised that although a victim has the right to participate in criminal proceedings at all stages, there are instances where hearing the victim may not be necessary before granting relief. In the instant case also, the victim has been made a respondent by the …

Excise policy: Delhi HC refuses to prepone hearing on Kejriwal's plea in money laundering case
3 months, 2 weeks ago

Excise policy: Delhi HC refuses to prepone hearing on Kejriwal's plea in money laundering case

Hindustan Times  

New Delhi, The Delhi High Court on Friday refused to advance the hearing on a petition by A chief Arvind Kejriwal challenging a trial court's order taking cognisance of a chargesheet filed against him in a money laundering case. Excise policy: Delhi HC refuses to prepone hearing on Kejriwal's plea in money laundering case Justice Manoj Kumar Ohri said, "matter …

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence
3 months, 3 weeks ago

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence

Live Law  

Citing the high pendency of criminal appeals in the Madhya Pradesh High Court and the unlikelihood of an early hearing of an appeal filed in 2024, the Supreme Court recently suspended the sentence of a convict who was sentenced to five years imprisonment in a cheating case.The convict, convicted for the offences punishable under Sections 407, 420, 468, 471, 34 …

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 …

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

Supreme Court Issues Notice In Plea Challenging Bail Granted To One Accused In Tailor Kanhaiya Lal Murder Case
4 months, 2 weeks ago

Supreme Court Issues Notice In Plea Challenging Bail Granted To One Accused In Tailor Kanhaiya Lal Murder Case

Live Law  

The Supreme Court on Monday issued notice in a plea challenging bail granted to Mohammed Javed, one of the accused in the 2022 beheading case of Udaipur tailor Kanhaiya Lal. The petition challenges the Rajasthan High Court's decision to grant bail to Javed in September 2024, based on the court's assessment that prima facie evidence did not suggest Javed's involvement …

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.

High Courts should not sit on bail pleas: Supreme Court
6 months, 1 week ago

High Courts should not sit on bail pleas: Supreme Court

The Hindu  

The Supreme Court on Friday held that a High Court must either relegate bail pleas to the trial court concerned then and there or promptly hear them on merits as the right to personal liberty was at stake. The top court was addressing the argument by the Central Bureau of Investigation that Mr. Kejriwal’s bail application must be sent back …

Supreme Court reserves order on Kejriwal’s bail plea in CBI case
6 months, 2 weeks ago

Supreme Court reserves order on Kejriwal’s bail plea in CBI case

Hindustan Times  

The Supreme Court on Thursday reserved its verdict on Delhi chief minister Arvind Kejriwal’s petition challenging his arrest in connection with the now scrapped excise policy, observing that its judgment would be carefully framed to obviate demoralising subordinate judiciary while contributing to the evolution of criminal law. “Snakes and ladders” with bail The day-long hearing on Thursday witnessed intense exchanges …

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty
6 months, 3 weeks ago

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty

The Hindu  

The Bombay High Court on Tuesday urged lower courts to be prompt in resolving anticipatory bail applications to safeguard the liberty of citizens. The High Court expressed displeasure over the slow handling of a pre-arrest bail petition by a sessions court in Kalyan in Thane district of Maharashtra. A single Bench of Judge Sandeep V. Marne was hearing an appeal …

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
7 months ago

'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order

Live Law  

The Orissa High Court has denied bail to a person, accused of committing economic offences, for misleading the Court with regard to an order passed by the Supreme Court so as to obtain an adjournment and by playing such fraud, to extend the period of liberty. The top Court stayed the order of the High Court and exempted the petitioner …

Ruling on Sisodia calls for judicial reforms in bail process
7 months, 2 weeks ago

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

New Delhi The Supreme Court verdict granting bail to former Delhi deputy chief minister Manish Sisodia in connection with the Delhi excise policy case marks a critical precedent, particularly in high-profile cases where gravity of charges and prolonged incarceration has been used as tools to deny individuals their right to liberty. The court observed that in many instances, both trial …

Chandigarh: Court allows bail to HC Bar body chief in assault case
7 months, 2 weeks ago

Chandigarh: Court allows bail to HC Bar body chief in assault case

Hindustan Times  

The court of additional sessions judge on Thursday allowed the regular bail application of Vikas Malik, president of the Punjab and Haryana High Court Bar Association, who was arrested in an assault case last month. While Chandigarh Police had opposed the bail plea, the defence counsel argued in court for two hours to present their side of the story and …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 3 weeks ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren
7 months, 3 weeks ago

'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren

Live Law  

The Supreme Court on Monday dismissed Enforcement Directorate's plea challenging the Jharkhand High Court's judgment dated June 28 which granted bail to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam.The bench of Justices BR Gavai and KV Viswanathan opined that the High Court's judgment - which entered a prima facie finding that. …

Delhi High Court seeks CBI’s response to Arvind Kejriwal’s bail plea
8 months, 2 weeks ago

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

The Hindu  

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

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

On Arvind Kejriwal's bail plea, Delhi High Court seeks CBI's response

India Today  

The Delhi High Court on Friday issued a notice to the CBI, seeking the probe agency's response to a bail plea filed by Delhi Chief Minister Arvind Kejriwal in connection with the liquor policy case. The CBI raised objections to the Aam Aadmi Party supremo directly moving the High Court for bail without first approaching the trial court. Following the …

'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety
8 months, 3 weeks ago

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

Live Law  

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

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
8 months, 3 weeks ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

Bhavani Revanna planned entire kidnap episode, helped Prajwal exploit women, SIT tells Special Court
9 months, 3 weeks ago

Bhavani Revanna planned entire kidnap episode, helped Prajwal exploit women, SIT tells Special Court

The Hindu  

Bhavani Revanna, JD leader and mother of Prajwal Revanna, Hassan MP, filed a petition in the High Court of Karnataka on Monday, seeking anticipatory bail in a case of allegedly conspiring to kidnap a former house help, a victim of sexual abuse, to prevent her from giving statements against Mr. Prajwal. Why in HC The petition has been filed in …

By Judicial Order, High Court Cannot Render Advice : Supreme Court
1 year ago

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

Live Law  

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

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court
1 year, 1 month ago

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

Live Law  

Recently, the Supreme Court observed that the exercise of jurisdiction by the Single Judge of the High Court in cancelling the bail granted to the accused by another Single Judge of the same High Court and that too, by examining the merits of the allegations tantamounts, to judicial impropriety/indiscipline. ".we are of the firm opinion that the exercise of jurisdiction …

Jammu and Kashmir and Ladakh High Court Weekly Round-Up February 12 - February 18, 2024
1 year, 1 month ago

Jammu and Kashmir and Ladakh High Court Weekly Round-Up February 12 - February 18, 2024

Live Law  

Nominal Index: Kaka Ram Vs Mangat Ram 2024 LiveLaw 16 Executive Engineer Roads and Buildings, Bandipora Vs Nazir Ahmad Teli 2024 LiveLaw 17 Daljit Singh Vs Dhanwant Kour 2024 LiveLaw 18 Muyeeb Shafi Ganie Vs UT of J&K 2023 LiveLaw 19 Babu Ram vs Tata Project Ltd. Residential Manager and Ors 2024 LiveLaw 20 Mohammad Shafi Dar Vs Directorate of …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 1 month ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications
1 year, 2 months ago

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications

Live Law  

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

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]
1 year, 2 months ago

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]

Live Law  

Nominal Index Citations Arumughom Achari Ranganathan Achari & Ors v. Rajamma Sarojam & Ors., 2023 LiveLaw 256 A single bench of Justice Viju Abraham referred to Section 22C of the Legal Services Authorities Act,1987, Regulation 33 of the Kerala State Legal Services Authority Regulation, 1998 and Regulation 17 of the National Legal Services Authority Regulations, 2009 to conclude that both …

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

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

Live Law  

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

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year, 3 months 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 …

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year, 3 months ago

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

Live Law  

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code. Notably, although the Trial Court had been directed to dispose of the case within 31st …

High Courts, Session Courts Can Grant Limited Anticipatory Bail Even When FIR Is Registered In Another State: Supreme Court
1 year, 4 months ago

High Courts, Session Courts Can Grant Limited Anticipatory Bail Even When FIR Is Registered In Another State: Supreme Court

Live Law  

The Supreme Court today held that the Sessions Court or High Court that would have the power to grant interim/transit anticipatory bail, when the FIR is not registered within the territory of a particular State but in a different State. The Court observed : ".we hold that the Court of Session or the High Court, as the case may be, …

Discover Related