J&K High Court Denies Bail In Rape & Suicide Case, Cautions Against Granting Bail In Heinous Offences Immediately Post Framing Of Charges
8 hours, 30 minutes ago

J&K High Court Denies Bail In Rape & Suicide Case, Cautions Against Granting Bail In Heinous Offences Immediately Post Framing Of Charges

Live Law  

Stressing that bail should not ordinarily be granted in heinous offences like rape or murder once the trial begins, the Jammu and Kashmir and Ladakh High Court refused bail to the accused in a case of rape and abetment to suicide. It has been further held that it is only in the event if the trial gets unduly delayed and that too for no fault on the part of the accused, the court may be justified in ordering release of the accused on bail” These observations came in a bail plea of one Sunil Kumar Sharma who was accused of offences under Sections 376, 506, 201 of the Indian Penal Code, and Section 67 of the IT Act. In heinous cases like the present one, the Court emphasized that societal interest and the victim's dignity must take precedence over the accused's liberty. But one thing is clear that he suspected foul play in the death of his daughter upon knowing the details from his wife and this prompted him to approach the police afresh” Highlighting that in cases involving heinous crimes, bail should only be considered if trials are unduly delayed without fault on the accused's part the court noted that the trial in this case had barely started, and emphasised that granting bail at this stage could jeopardize witness testimonies and public interest.

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History of this topic

No bail for Nijjar murder accused, Canada court orders mandatory detention
3 days, 20 hours ago

No bail for Nijjar murder accused, Canada court orders mandatory detention

India Today  

Canadian officials have rejected reports claiming that four Indians accused of the murder of Khalistani terrorist Hardeep Singh Nijjar in British Columbia have been granted bail. A British Columbia court, which ordered the mandatory detention, has scheduled the next hearing for February, Ann Seymour, a senior official at the Canadian Ministry of Attorney General, said. Although court records marked the …

HC grants pre-arrest bail to two IPS officers and 3 others in Kadambari Jethwani case
5 days, 17 hours ago

HC grants pre-arrest bail to two IPS officers and 3 others in Kadambari Jethwani case

The Hindu  

The High Court granted anticipatory bail to IPS officers Kanti Rana Tata and Vishal Gunni and three others in actor Kadambari Jethwani case on Tuesday. the others who were given bail are K. Hanumantha Rao, M. Satyanarayana, and practiSing advocate I. Venkateswarlu. He mentioned that the petitioners had made out their case for pre-arrest bail and his observations had no …

Police oppose bail pleas of Umar, Sharjeel and others in Delhi riots case
6 days ago

Police oppose bail pleas of Umar, Sharjeel and others in Delhi riots case

The Hindu  

The Delhi police on Tuesday opposed the bail pleas of several accused in the 2020 north-east Delhi riots before the Delhi High Court, saying that the violence was a result of “clinical and pathological conspiracy” executed with a “diabolical intention and ruthless intensity”. The police opposed the pleas of activists Umar Khalid, Sharjeel Imam and others, who are seeking bail …

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
6 days, 8 hours 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 …

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders
2 weeks, 1 day ago

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

Live Law  

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

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
3 weeks, 2 days 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 …

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
3 weeks, 6 days ago

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

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

Former police officer Mondal, RG Kar ex-principal Ghosh get bail in doctor rape-murder case
1 month ago

Former police officer Mondal, RG Kar ex-principal Ghosh get bail in doctor rape-murder case

New Indian Express  

KOLKATA: The Sealdah court on Friday granted bail to former officer-in-charge of Tala police station Abhijit Mondal and RG Kar hospital ex-principal Sandip Ghosh in the rape and murder case of an on-duty doctor at the medical facility. The additional chief judicial magistrate granted bail to the two accused persons as the chargesheet against them was not filed within the …

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

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

India Today  

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

HC grants bail to Mohali realtor Bajwa, orders him to plant 10 saplings
1 month ago

HC grants bail to Mohali realtor Bajwa, orders him to plant 10 saplings

Hindustan Times  

The Punjab and Haryana high court has granted bail to Mohali realtor Jairnail Singh Bajwa in a cheating case but asked him to plant “10 indigenous saplings at a public place”. The court granted bail to Jairnail Singh Bajwa while taking into account that he has large number of cases of similar nature pending against him. The court granted bail …

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
1 month ago

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

Live Law  

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the …

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

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra
1 month, 1 week ago

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

Live Law  

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

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
1 month, 1 week ago

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

Live Law  

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

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

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

Live Law  

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

Fix time for completion of trials, but denying bail no solution, SC tells HCs
1 month, 2 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 …

Jeeva suicide case: Special Court refuses interim bail to CID DySP Kanaka Lakshmi
1 month, 2 weeks ago

Jeeva suicide case: Special Court refuses interim bail to CID DySP Kanaka Lakshmi

New Indian Express  

BENGALURU: A special court in the city on Friday denied the interim anticipatory bail application of Deputy Superintendent of Police Kanaka Lakshmi B.M. Kanaka Lakshmi approached the court with an apprehension of her arrest by the police and sought interim bail till the disposal of her main bail petition. On November 22, 2024, the Banashankari police registered a case against …

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court
1 month, 2 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 …

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court
1 month, 2 weeks ago

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court

Live Law  

The Karnataka High Court has rejected the bail plea of 73-year-old K Ramakrishna, former Chairman of Guru Raghavendra Sahakara Bank Niyamitha and Sri Guru Sarvabhauma Souhanda Credit Co-operative Ltd, booked under Prevention of Money Laundering Act, for allegedly de-frauding the bank to the tune of Rs.1,553 Crores by creating fictitious documents and granting loan in favour of fictitious persons. The …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
1 month, 2 weeks ago

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

Live Law  

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

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl
1 month, 3 weeks ago

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl

Live Law  

The Kerala High Court has dismissed the bail application of a police officer who is accused of raping a 14-year-old minor girl who is stated to be a member of the scheduled caste. Justice K Babu observed that Courts must not lightly entertain bail applications when "serious offences" are alleged and a "prima facie case" is made out. Ultimately, it …

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
1 month, 3 weeks 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. …

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

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

Live Law  

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

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

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

Live Law  

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

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

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent
2 months ago

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent

Live Law  

After granting similar relief in Arvind Kejriwal's case, the Supreme Court today granted interim bail to one Subhash Prasad Yadav - accused in a money laundering case - for the purpose of contesting Jharkhand Assembly elections. A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in Yadav's challenge to a Patna High Court order. Apparently, Yadav filed …

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
2 months 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
2 months, 3 weeks 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
4 months 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
4 months, 1 week 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 …

A wave of SC verdicts declaw PMLA’s stringent bail provision
4 months, 2 weeks ago

A wave of SC verdicts declaw PMLA’s stringent bail provision

The Hindu  

A wave of Supreme Court judgments has seen the declawing of a stringent bail provision under the Prevention of Money Laundering Act while emphasising that liberty is the rule while jail is an exception. Justice Viswanathan, while granting bail to Jharkhand Chief Minister Hemant Soren’s aide Prem Prakash bail under the PMLA, explained that Section 45 cannot be used to …

Bombay High Court urges lower courts to be prompt with pre-arrest bail cases to protect citizens’ liberty
4 months, 2 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 …

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
4 months, 2 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 …

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea
5 months ago

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea

Live Law  

The Delhi High Court on Monday granted interim protection from arrest till August 21 to former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022.Justice Subramonium Prasad issued notice on Khedkar's anticipatory bail plea and sought response of Delhi. The Delhi High Court on …

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

Shocked that someone was assaulted at Delhi CM’s house: Supreme Court
5 months, 1 week ago

Shocked that someone was assaulted at Delhi CM’s house: Supreme Court

Hindustan Times  

The Supreme Court on Thursday questioned the conduct of Delhi chief minister Arvind Kejriwal’s political aide Bibhav Kumar in a case of alleged assault of Rajya Sabbha member Swati Maliwal and said it was shocked by the manner in which the incident took place at the chief minister’s residence, even as it issued notice on Kumar’s bail plea and listed …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
5 months, 1 week 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 …

CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously
5 months, 2 weeks ago

CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously

Deccan Chronicle  

Bengaluru: Chief Justice of India D Y Chandrachud on Sunday said the trial judges prefer playing safe by not granting bail on important issues of crime when it is looked at with a degree of suspicion. "People who should be getting bail in the trial courts and not getting it there, as a result of which, they have to invariably …

Puja Khedkar’s father granted anticipatory bail in gun waving video case
5 months, 2 weeks ago

Puja Khedkar’s father granted anticipatory bail in gun waving video case

The Hindu  

Dilip Khedkar, father of controversial probationary IAS officer Puja Khedkar, was on July 26 granted anticipatory bail by a sessions court in Pune in a case pertaining to farmers being threatened with a gun in a land dispute. Manorama Khedkar, the probationary IAS officer's mother, has been arrested in the case, which was registered after a video went viral showing …

Bombay High Court Denies Bail To Sanjay Chhabria Booked In Yes Bank-DHFL Multi-Crore Scam
6 months ago

Bombay High Court Denies Bail To Sanjay Chhabria Booked In Yes Bank-DHFL Multi-Crore Scam

Live Law  

The Bombay High Court on Wednesday dismissed the bail application of developer Sanjay Chhabria of the Radius Group, involved in a money laundering case related to the multi-crore Yes Bank-DHFL Scam.This is the second time that Chhabria's bail was rejected by the High Court. The Bombay High Court on Wednesday dismissed the bail application of developer Sanjay Chhabria of the …

Allahabad HC Denies Bail to Man Accused of Beheading Woman For Refusing Religious Conversion
6 months ago

Allahabad HC Denies Bail to Man Accused of Beheading Woman For Refusing Religious Conversion

News 18  

The Allahabad High Court recently denied bail to a man, accused of killing a woman who refused to convert her religion after marrying a Muslim man. The court took into account the severity of the crime, accused Shoeb Akhtar’s involvement, and the advanced stage of the trial in its decision to deny bail. Shoeb Akhtar’s first bail application was rejected …

Allahabad High Court Denies Bail To Man Accused Of Beheading Woman As She Refused To Convert After Marriage
6 months ago

Allahabad High Court Denies Bail To Man Accused Of Beheading Woman As She Refused To Convert After Marriage

Live Law  

On Tuesday, the Allahabad High Court denied bail to a man accused of brutally beheading a Hindu woman and leaving her body in a drain in September 2020 after she refused to convert to Islam following her marriage with one Ejaj/Aijaj. The first bail application of the applicant was rejected by the High Court in January, considering the facts that, …

J&K: Cop in jail for ‘fake encounter’ gets bail after 18 years
6 months, 1 week ago

J&K: Cop in jail for ‘fake encounter’ gets bail after 18 years

Hindustan Times  

Expressing displeasure for a delayed trial, the high court of J&K and Ladakh has granted bail to the policeman in jail for nearly 18 years involved in a fake encounter case in Bandipora. Justice Atul Sreedharan announced bail to Bansi Lal, 56, in the Jammu wing of high court and ordered him to furnish personal bond of ₹50,000, and a …

Must Guard Against Ideological Biases, False Narratives In Terrorism Cases: Kerala HC Grants Bail To 17 PFI Members Accused In RSS Leader's Murder
6 months, 2 weeks ago

Must Guard Against Ideological Biases, False Narratives In Terrorism Cases: Kerala HC Grants Bail To 17 PFI Members Accused In RSS Leader's Murder

Live Law  

The Kerala High Court today held that while considering allegations of terrorism and related offences under the Unlawful Activities Act, 1967, the Courts should not get carried away by confirmation bias that might creep in based on ideological biases and false narratives prevalent in the society. “Over and above the principles gleaned from the precedents referred above, we feel that …

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court
6 months, 3 weeks ago

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court

Live Law  

Highlighting the duties of a Court while framing a charge against an accused the Jammu and Kashmir and Ladakh High Court has ruled that investigative shortcomings should not prevent the framing of charges based on the evidence presented. Quashing an order passed by the Additional District and Sessions Judge Baramulla, directing framing of charges under Section 304 Part-I IPC a …

Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence
7 months ago

Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence

Live Law  

The Meghalaya High Court has observed that even with a delay of one year in commencing trial under the Protection of Children from Sexual Offences Act, 2012, while deciding on bail, the gravity of the offence needs to be taken into consideration The accused/petitioner was arrested in relation to a POCSO case and a chargesheet was filed against him in …

Evidence may be tampered if Kejriwal given bail: ED
7 months ago

Evidence may be tampered if Kejriwal given bail: ED

Hindustan Times  

The Enforcement Directorate has raised concerns that crucial evidence might be destroyed if Delhi chief minister Arvind Kejriwal is granted bail in the Delhi excise policy case, as the agency opposed Kejriwal’s regular bail application before the Delhi Rouse Avenue court. ED emphasised that ample evidence links Kejriwal to the offence of money laundering, and his release on bail could …

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape
7 months, 2 weeks ago

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused. Spotlighting the distinction between elaboration and improvisation with respect to …

Bail plea of double murder accused for exercising conjugal rights rejected
7 months, 2 weeks ago

Bail plea of double murder accused for exercising conjugal rights rejected

Hindustan Times  

MUMBAI: A special court for cases related to the Maharashtra Control of Organised Crime Act recently rejected the bail application of a double murder accused for exercising his conjugal rights. HT Image The court rejected the bail application, noting that Behlim had murdered two people when he was temporarily released while serving a life term for another murder in 2009. …

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