Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]
9 years, 4 months ago

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]

Live Law  

Jharkhand High Court has referred to Division bench, to answer a question whether in an anticipatory bail application preferred under section 438 Cr.P.C., the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C.Reference was sought by the Single Bench of Jharkhand High Court in Kumar Anubhav Vs. State of Jharkhand wherein the petitioner has been made. Jharkhand High Court has referred to Division bench, to answer a question whether in an anticipatory bail application preferred under section 438 Cr.P.C., the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C. An anticipatory bail application was preferred by the petitioner in High Court on 9.9.2015 and on the same date itself, the process under section 82 Cr.P.C. The court observed that there are two conflicting decisions by High Court as regard to the question whether anticipatory bail application, the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C.

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History of this topic

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case
1 week ago

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case

Live Law  

The Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity. Single judge Justice T. Mallikarjuna Rao also observed, “The anticipatory bail, the extraordinary privilege, should be granted only …

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail
2 weeks, 3 days ago

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

Live Law  

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

Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC
2 weeks, 6 days ago

Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC

Live Law  

In a significant observation, the Chhattisgarh High Court has said that in the interest of upholding the fundamental rights of the citizens, the legislature must relax the 'rigid' twin conditions under Section 45 of Prevention of Money Laundering Act to provide 'wiggle room' to the courts to determine bail on a more case-to-case basis. Nevertheless, the court should also recognize …

Madhya Pradesh HC: Absconders Can Seek Anticipatory Bail
3 weeks, 2 days ago

Madhya Pradesh HC: Absconders Can Seek Anticipatory Bail

Deccan Chronicle  

Bhopal: In a significant verdict, the Madhya Pradesh high court has held that an anticipatory bail plea is maintainable even if the accused in a case is declared absconding in the charge sheet filed against him. A division bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain has observed that an anticipatory bail plea is maintainable even when …

Anticipatory Bail Plea Maintainable Even If Chargesheet Shows Accused As Declared Absconder: Madhya Pradesh HC
Trending News
3 weeks, 2 days ago

Anticipatory Bail Plea Maintainable Even If Chargesheet Shows Accused As Declared Absconder: Madhya Pradesh HC

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court while answering a reference made by a single judge, clarified that an anticipatory bail plea is maintainable even if the chargesheet filed shows the accused as a declared absconder. The court further ruled that an anticipatory bail plea is maintainable even when proceedings under CrPC Section 82 & 83 or Section …

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court
3 weeks, 2 days ago

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

Live Law  

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

Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments
3 weeks, 4 days ago

Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments

Live Law  

The Supreme Court has overruled its previous decisions which held that anticipatory bail applications were not maintainable with respect to offences under the Goods and Services Tax Act.A three-judge bench comprising Chief Justice of India Sanjiv Khanna, Justice MM Sundresh and Justice Bela Trivedi overruled the two-judge bench judgments in State of Gujarat v. Choodamani Parmeshwaran Iyer. The Supreme Court …

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC
3 weeks, 4 days ago

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC

New Indian Express  

NEW DELHI: In a significant verdict, the Supreme Court on Thursday held that the provision of anticipatory bail is applicable to the Goods and Services Act and customs law and persons can move courts for pre-arrest bail even if an FIR is not in place. A bench comprising Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi …

'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention
1 month ago

'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention

Live Law  

The Orissa High Court ordered release of a person accused of committing multiple financial frauds involving lakhs of rupees after finding that as an undertrial, he has completed more than half of the period of sentence prescribed for the most grievous offence for which he has been charged for. Apart from the grounds on merits of the individual cases, the …

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 …

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 …

Section 138 Of NI Act Warrants Strict Construction, Compliance With Proviso Clauses Is A Precondition Before Prosecution: J&K High Court
1 month, 3 weeks ago

Section 138 Of NI Act Warrants Strict Construction, Compliance With Proviso Clauses Is A Precondition Before Prosecution: J&K High Court

Live Law  

Quashing multiple complaints filed under Section 138 of the Negotiable Instruments Act, 1881 citing failure to adhere to mandatory conditions laid down in the Act the Jammu and Kashmir and Ladakh High Court has ruled that Section 138 of the Act being penal in nature, indisputably, warrants strict construction, hence making compliance with its proviso clauses,, and essential before initiating …

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 …

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail
2 months, 1 week ago

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail

Live Law  

The Supreme Court reaffirmed that Courts must exercise caution when granting interim protection to the accused while deciding anticipatory bail pleas. While holding so, the Court expressed disapproval of the High Court's decision to grant the accused the liberty to join the investigation while the anticipatory bail plea was pending and to order their release on ad-interim bail in the …

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

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

Live Law  

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

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused
2 months, 3 weeks ago

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused

Live Law  

The Supreme Court held that when a special law imposes an embargo on the grant of bail, then the Courts must exercise the power to grant bail subject to the conditions specified under the special provision.While holding so, the bench comprising Justices CT Ravikumar and Sanjay Karol set aside the bail granted to an accused charged under the Maharashtra Control …

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 …

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

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

Live Law  

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

RGV gets respite as Andhra Pradesh HC grants anticipatory bail
3 months, 1 week ago

RGV gets respite as Andhra Pradesh HC grants anticipatory bail

New Indian Express  

VIJAYAWADA: The Andhra Pradesh High Court granted conditional anticipatory bail to film director Ram Gopal Varma in cases regarding alleged offensive social media posts against Chief Minister N Chandrababu Naidu, Deputy Chief Minister K Pawan Kalyan and IT Minister N Lokesh during the run-up to general elections 2024. The High Court asked him to submit sureties of Rs 10,000 each …

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

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 …

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition
3 months, 3 weeks ago

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition

Live Law  

Observing that the judicial conscience of the Court is shocked about the manner in which the release warrant was issued by a Judicial Magistrate, the Punjab & Haryana High Court has sought explanation from the judge.The Court found that the JMIC of Ambala issued a release warrant for an accused in a cheating case without compliance of the pre-condition of …

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

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

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
4 months ago

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA

Live Law  

The Supreme Court today granted anticipatory bail to Jagannath Temple Priest, Rajkumar Daitapati in relation to PMLA proceedings initiated against him for alleged offence of money laundering. The petitioner, stated to be a generational priest of the Shri Jagannath Temple, Puri, Orrisa has been arrayed in proceedings under S. 3 and 4 of the Prevention for Money Laundering Act 2002. …

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court
Trending News
4 months, 1 week ago

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court

Live Law  

The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. However, the Court said that the relevant factors such as circumstances of the case, the nature of the offence, and the background based on which such a proclamation was issued have to be looked upon while considering the anticipatory bail plea of the …

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court
Trending News
4 months, 1 week ago

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court

Live Law  

The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. However, the Court said that the relevant factors such as circumstances of the case, the nature of the offence, and the background based on which such a proclamation was issued have to be looked upon while considering the anticipatory bail plea of the …

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour
4 months, 1 week ago

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour

Live Law  

The Punjab and Haryana High Court has refused to grant pre-arrest bail to a mother who was accused of sexually abusing her 2 years old son with her alleged paramour, observing that the role of a mother is of care and nurturing the child and any deviation from this standard especially in a manner that harms one's own child, invites …

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
4 months, 2 weeks ago

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti …

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.

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
6 months, 2 weeks ago

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains

Live Law  

The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice. The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, …

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
6 months, 3 weeks ago

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC

New Indian Express  

MUMBAI: The Bombay High Court on Tuesday said when the question of liberty of a citizen is involved, it is necessary that the lower courts take up and decide applications seeking anticipatory bail either finally or at least for grant of interim protection in an expeditious manner. If the lower courts do not decide such matters, then the high court …

'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 …

Allahabad HC relief to SP MLA in 2021 criminal case
7 months, 2 weeks ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after …

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 …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
8 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 …

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas
9 months, 1 week ago

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas

Live Law  

Rajasthan High Court has denied anticipatory bail to the person charged under five different FIRs for forging “pattas” that were never actually issued by the Ajmer Development Authority and taking lakhs of rupees from complainants to distribute these fabricated pattas and documents. A bench of Justice Anoop Kumar Dhand said, “While considering an application for grant of anticipatory bail, no …

[Advt.]7 Day Online Certificate Course On Art Of Contesting Bail Applications By Legal Expatiate [1st To 7th June]
10 months ago

[Advt.]7 Day Online Certificate Course On Art Of Contesting Bail Applications By Legal Expatiate [1st To 7th June]

Live Law  

This Course will upgrade your knowledge regarding the bail applications in sessions court and high court under old and new law which is applicable from 1st July, 2024 which every lawyer and law student must possess. TOPICS COVERED Module 1 - Concept of bail - ⁠Bailable and non bailable offences - ⁠Types of Bail - Regular Bail and Anticipatory Bail …

UP Amendment To S. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC
10 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 …

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment
10 months, 3 weeks ago

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment

Live Law  

The Supreme Court on Tuesday reserved the Judgment on the issue whether an accused in a money laundering case is required to fulfil the twin conditions for bail under Section 45 of the Prevention of Money Laundering Act when he executes a bond for appearance before the Special Court in pursuance of a summons issued to him.The Bench comprising Justices …

Andhra Pradesh & Telangana High Court Weekly Round-Up: March 25
11 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 …

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court
11 months, 3 weeks ago

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes Act on the ground that cognizance had already been taken of the complaint. The court said,“The Sessions Judge was not proper in rejecting the petition filed under Section …

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court
1 year ago

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court made it clear that the twin condition under Section 45 of the Prevention of Money Laundering Act, is not required to be complied with when the Court has ordered release in police custody.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if twin …

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

Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC
1 year, 1 month ago

Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC

Live Law  

The Gauhati High Court on Saturday granted bail to suspended ACS officer Rakesh Das, accused of using illegal means to increase his marks by inserting fake answer script in Combine Competitive Examination 2013, conducted by Assam Public Service Commission. The single judge bench of Justice Robin Phukan observed that in the present case, the provision of Section 41A of CrPC …

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 …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
1 year, 1 month 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
1 year, 2 months 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, 3 months 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, 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 …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year, 3 months ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

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