“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case
8 months, 3 weeks ago

“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case

Live Law  

The Bombay High Court on Thursday granted bail to alleged conman Sukesh Chandra Shekhar, booked in a cheating case lodged against him in May 2015 for duping investors in a Ponzi Scheme. A rough and ready calculation of the total period of incarceration suffered by the applicant, in the context of the present case, leads to the period of about seven years and ten months. The judge added that the stand taken by the State that the second period of incarceration cannot be relatable to the present case is a "hypertechnical approach" which has to be rejected at the outset. "Considering the second period of incarceration as starting from October 9, 2017 and adding the same to the earlier period of incarceration between May 29, 2015 and September 10, 2016, the total period of incarceration suffered by the applicant is about seven years and ten months.

Bail Case Period Chandrashekhar Incarceration 2015 Ponzi Ponzi Scheme  grants  2017  maximum  incarceration  seven  sentence  scheme  bail  period  2015  ponzi  case  sukesh  second  hc  longer  yrs  judge  incarcerated

History of this topic

Custody Of Two Years and Four Months The New Norm For Bail In PMLA Cases?
1 week, 6 days ago

Custody Of Two Years and Four Months The New Norm For Bail In PMLA Cases?

Live Law  

Bail in cases registered under the Prevention of Money Laundering Act, 2002 is granted under Section 45 of the Act which requires two conditions to be satisfied. Section 479 BNSS and PMLA Existence of a scheduled/predicate offence is a pre-requisite for the offence of money laundering, as has been clarified by the Supreme Court in multiple cases, including in the …

'Long Incarceration Can Damage Undertrial's Mental Health, Lead To Drug Abuse': Bombay HC Grants Bail To Murder Accused In Jail For Over 9 Yrs
1 month, 2 weeks ago

'Long Incarceration Can Damage Undertrial's Mental Health, Lead To Drug Abuse': Bombay HC Grants Bail To Murder Accused In Jail For Over 9 Yrs

Live Law  

The Bombay High Court on Friday while granting bail to a man who spent more than nine years in jail, stressed on the long-term negative effects due to long incarceration on the physical and mental health of an individual. Justice Milind Jadhav noted that the applicant Ganesh Mendarkar spent nine years and twenty five days in jail on a charge …

NDPS Act | Appellate Court Can Grant Bail Despite S.37 If Convict Has Suffered Long Sentence & Appeal's Early Hearing Is Unkilely : Supreme Court
Trending News
1 month, 2 weeks ago

NDPS Act | Appellate Court Can Grant Bail Despite S.37 If Convict Has Suffered Long Sentence & Appeal's Early Hearing Is Unkilely : Supreme Court

Live Law  

The Supreme Court has held that the sentence of a person convicted for offences under the Narcotic Drugs and Psychotropic Substances Act can be suspended despite the rigours of Section 37 if the convict has undergone long period of incarceration and the likelihood of an early hearing of the criminal appeal was remote. A bench comprising Justice Abhay S Oka …

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

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

Live Law  

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

Absconding accused entitled to default bail, says HC
3 months ago

Absconding accused entitled to default bail, says HC

Hindustan Times  

MUMBAI: The Bombay high court has ruled that an absconding accused is entitled to default bail even if a charge-sheet has been filed against other accused in the case prior to his arrest. A single judge bench of justice NJ Jamadar dissented with a 2006 judgement by another single judge bench which held that an absconding accused could not claim …

IIT-BHU gang rape: Third accused granted bail after 11 months in jail
3 months, 4 weeks ago

IIT-BHU gang rape: Third accused granted bail after 11 months in jail

Hindustan Times  

The Allahabad high court has granted bail to Saksham Patel, the third accused in the 2023 gang rape of an Indian Institute of Technology-Banaras Hindu University student. Two other accused, Kunal Pandey and Abhishek Chauhan, were granted bail earlier. Justice Karunesh Singh Pawar, while allowing Patel’s bail application, noted, “Considering the submissions made, the record, and the fact that Patel …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
4 months, 1 week 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 …

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
4 months, 3 weeks ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months, 1 week 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.

Supreme Court comes to the rescue of man languishing in prison despite bail
6 months, 2 weeks ago

Supreme Court comes to the rescue of man languishing in prison despite bail

The Hindu  

The Supreme Court set at liberty a man languishing in jail for four months after he got bail from the apex court due to his inability to furnish a local surety on Wednesday. A three-judge Bench headed by Justice Hrishikesh Roy directed the release of Ramchandra Thangappan Aachari, represented by advocates Neha Rathi and Pranav Sachdeva, on bail on his …

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
6 months, 3 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, …

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court
6 months, 3 weeks ago

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court

Hindustan Times  

Justice Krishna Iyer in 1977, while confirming bail in State of Rajasthan v. Balchand @ Balaiay, famously wrote, “The basic rule may perhaps be tersely put as bail, not jail.” Since then, this principle has been reiterated multiple times. In February 2024, the Supreme Court, while rejecting bail in Gurwinder Singh v. State of Punjab, observed that under the UAPA, …

Sukesh Chandrasekhar gets bail in bribery case, but will remain in jail
7 months ago

Sukesh Chandrasekhar gets bail in bribery case, but will remain in jail

India Today  

A Delhi court on Friday granted bail to Sukesh Chandrasekhar in a bribery case related to the AIADMK's "two leaves" election symbol, noting that he had already served a period of detention exceeding the maximum jail term prescribed for the offence he was accused of committing. Announcing the verdict, the judge said Chandrasekhar's detention beyond seven years "entails his mandatory …

Manish Sisodia granted bail after 17 months in jail: What SC said while granting relief to AAP leader
7 months, 3 weeks ago

Manish Sisodia granted bail after 17 months in jail: What SC said while granting relief to AAP leader

India TV News  

The Supreme Court on Friday granted bail to Aam Aadmi Party leader Manish Sisodia in corruption and money laundering cases linked to alleged Delhi excise policy scam. It would be travesty of justice to relegate Manish Sisodia to trial court for seeking bail Manish Sisodia is in custody for 17 months and trial has not yet commenced; this deprives his …

Bail to Conman Sukesh Chandrasekhar by Bombay High Court, but jail term continues
8 months, 3 weeks ago

Bail to Conman Sukesh Chandrasekhar by Bombay High Court, but jail term continues

India Today  

Sukesh Chandrasekhar has been granted bail by the Bombay High Court in a case in which he was arrested nine years ago. Sukesh was granted bail by the Supreme Court in March 2016 on an undertaking of depositing Rs 3.5 crore within a month from the date of his release. While seeking bail, advocate Vikram Sutaria submitted that the maximum …

Bombay HC grants bail to ‘conman’ Sukesh Chandrashekhar in 2015 fraud case
8 months, 3 weeks ago

Bombay HC grants bail to ‘conman’ Sukesh Chandrashekhar in 2015 fraud case

Hindustan Times  

The Bombay high court on Thursday granted bail to alleged conman Sukash aka Shekhar aka Sukesh Chandrashekhar who was arrested in connection with a multi-crore fraud case in 2015. Chandrashekhar had been arrested in connection with the multi-crore fraud case by the Economic Offences Wing of Mumbai police on May 29, 2015. Assistant public prosecutor Mayur Sonavane opposed Chandrashekhar’s bail …

H.D. Revanna gets bail in kidnap case; likely to be released from prison on May 14
10 months, 2 weeks ago

H.D. Revanna gets bail in kidnap case; likely to be released from prison on May 14

The Hindu  

Revanna, former Minister and Janata Dal MLA, who was arrested in connection with an alleged abduction case on May 4 by the Special Investigation Team probing alleged multiple instances of sex abuse by his son and “absconding” Hassan MP Prajwal Revanna, was granted bail on Monday. Mr. Revanna was remanded into seven days judicial custody on May 8, and since …

Bhima Koregaon case: Two prisoners pass law entrance test
10 months, 3 weeks ago

Bhima Koregaon case: Two prisoners pass law entrance test

Hindustan Times  

Mumbai: With only the aid of old books from the Taloja Central Prison’s library, Mahesh Raut, arrested in connection with the 2018 Bhima Koregaon violence case, scored 99.79% in the state common entrance test for law. Mahesh Raut, a Gadchiroli-based activist fighting for the rights of tribals, scored 99.79% in the state common entrance test for law. Raut, a Gadchiroli-based …

Bombay High Court Grants Bail To Murder Accused Who Wasn't Produced Before Trial Court On 70 Previous Dates, Calls It Prosecution's Failure
10 months, 3 weeks ago

Bombay High Court Grants Bail To Murder Accused Who Wasn't Produced Before Trial Court On 70 Previous Dates, Calls It Prosecution's Failure

Live Law  

The Bombay High Court recently granted bail to a murder accused after he was not produced before the trial court on 70 occasions, despite notices from the trial court. Justice SG Mehare of the Aurangabad bench observed that although the charges are serious, the non-production of the accused before the trial court entitled him to bail. The accused was not …

To Bail or Not to Bail: Must Laws Differ For Crimes Of Similar Nature?
11 months ago

To Bail or Not to Bail: Must Laws Differ For Crimes Of Similar Nature?

The Quint  

Gauri Lankesh’s case had attracted substantial attention globally. It is, therefore, hardly surprising that pending this prolonged delay, this case has branched into several appeals and applications before different courts over the last seven years. One was a bail application by one of the accused Mohan Nayak in 2023. Although Nayak was one of the co-accused of murder, he contended …

Delhi Court dismisses default bail plea of Unitech's former promoters
11 months, 2 weeks ago

Delhi Court dismisses default bail plea of Unitech's former promoters

Hindustan Times  

A Delhi court has dismissed default bail pleas of Unitech's former promoters, Sanjay Chandra and Ajay Chandra, in a money laundering case relating to cheating of multiple homebuyers of several crore rupees. The Enforcement Directorate had recorded the case in 2018 based on over 60 FIRs registered against the accused for various offences, including cheating, criminal conspiracy, taking undue advantage …

Justice Ramkumar Reviews India's Latest Criminal Justice Law
1 year ago

Justice Ramkumar Reviews India's Latest Criminal Justice Law

Live Law  

My comments: - This again is a welcome provision provided it is effective and foolproof. Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— orally, it shall be reduced to …

HC seeks Delhi Police's response on Sharjeel Imam's bail plea in sedition case
1 year ago

HC seeks Delhi Police's response on Sharjeel Imam's bail plea in sedition case

New Indian Express  

NEW DELHI: The Delhi High Court on Monday sought the response of Delhi Police on a plea moved by activist Sharjeel Imam challenging a trial court order refusing him statutory bail in a case under the anti-terror law UAPA and sedition case. Issuing notice in the plea, a division bench headed by Justice Suresh Kumar Kait posted the matter for …

Delhi court rejects bail plea of Sharjeel Imam in sedition case
1 year, 1 month ago

Delhi court rejects bail plea of Sharjeel Imam in sedition case

Hindustan Times  

New Delhi: A Delhi court on Saturday denied statutory bail to Sharjeel Imam in a sedition case filed against him for allegedly giving inflammatory speeches at various places in Delhi, including at Delhi’s Jamia area and Aligarh Muslim University, during the anti-CAA protests in 2019-2020. Sharjeel Imam was arrested in January 2020 Imam had moved the court under section 436A …

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 …

Pending trial, accused cannot be incarcerated for indefinite period as it violates fundamental rights: Bombay High Court
1 year, 6 months ago

Pending trial, accused cannot be incarcerated for indefinite period as it violates fundamental rights: Bombay High Court

The Hindu  

A person cannot be incarcerated for an indefinite period of time pending trial as it is violative of the fundamental rights enshrined in the Constitution of India, the Bombay High Court said while granting bail to a man, accused in a double murder case. The court in its order said a balancing act has to be struck between the gravity …

Bombay High Court Orders Release Of 30-Yr-Old Convicted In 41 Theft Cases And Sentenced To Over 83 Yrs Imprisonment
1 year, 8 months ago

Bombay High Court Orders Release Of 30-Yr-Old Convicted In 41 Theft Cases And Sentenced To Over 83 Yrs Imprisonment

Live Law  

The Bombay High Court has ordered the release of a 30-year-old man convicted in 41 theft cases and sentenced to over 83 year in prison, as the trial courts did not order his sentences to run concurrently. “if the petitioner is permitted to undergo imprisonment in all the aforesaid cases, he would be compelled to undergo imprisonment of approximately 83 …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III
2 years ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III

Live Law  

Q.11 The default period applicable for the offence is 60 days. Q.12 Is not the accused entitled to default bail on the expiry of the period under the proviso to Section 167 Cr.P.C even without a written application for bail? In Hussainara Khatoon v. Home Secretary, State of Bihar AIR 1979 SC 1369 – P. N. Bhagwati, D. A. Desai …

Sushil Kumar gets 4-day interim bail
2 years ago

Sushil Kumar gets 4-day interim bail

Hindustan Times  

A Delhi court on Monday granted Olympic wrestler Sushil Kumar, one of the co-accused in the Sagar Dhankar murder case, four days of interim bail so that he can perform his father’s last rites. Kumar had moved an application in Rohini Court, seeking interim bail for two weeks to perform the last rituals of his father who had died on …

Lakhimpur Kheri case | Supreme Court grants Ashish Mishra interim bail ‘initially’ for 8 weeks
2 years, 2 months ago

Lakhimpur Kheri case | Supreme Court grants Ashish Mishra interim bail ‘initially’ for 8 weeks

The Hindu  

The Supreme Court on Wednesday granted interim bail for eight weeks to Ashish Mishra, son of a Union Minister and prime accused in the Lakhimpur Kheri killings case, even as it described the crime as "ghastly" and "unfortunate". The court used its suo motu powers to similarly grant interim bail to four undertrial prisoners accused of lynching three men during …

NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full Bench
2 years, 2 months ago

NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full Bench

Live Law  

The Calcutta High Court at circuit bench Jalpaiguri held that an accused who is under detention under provisions of NDPS Act, cannot be released automatically on statutory bail on the expiry of 180 days which is prescribed under section 36A of the Act until and unless he makes an application either in written or oral form. A Full bench comprising …

Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says
2 years, 4 months ago

Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says

Live Law  

While hearing an application seeking anticipatory bail, the Supreme Court of India on Thursday stated that it can't be set for a limited time frame. The Bench was hearing an appeal filed by politician Monirul Islam challenging an order of the Calcutta High Court that had granted him anticipatory bail in 2021, limiting it to four weeks only. As the …

Mumbai Court Grants Default Bail To Man Of Chinese Origin Accused Of Running Int'l Racket Of Fraudulent Loan Apps
2 years, 5 months ago

Mumbai Court Grants Default Bail To Man Of Chinese Origin Accused Of Running Int'l Racket Of Fraudulent Loan Apps

Live Law  

A Mumbai court last week granted default bail to a man of Chinese origin who has been accused of being a part of an international loan fraud racket. The Court noted that offence under section 420 IPC which attracts punishment of up to 7 years and as per Sec 167, the police were required to file the charge sheet against …

Explained | Why is the Supreme Court seeking a separate bail law?
2 years, 8 months ago

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

The Hindu  

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

Anticipatory Bail Plea Not Maintainable By Person Already Enlarged On Bail As He Is Under Constructive Custody: J&K&L High Court
2 years, 8 months ago

Anticipatory Bail Plea Not Maintainable By Person Already Enlarged On Bail As He Is Under Constructive Custody: J&K&L High Court

Live Law  

The Jammu & Kashmir & Ladakh High Court today reiterated that a person released on bail is already construed to be the in constructive custody and if the law requires him to come back to custody for specified reasons, the application for anticipatory bail will not lie. It was further brought to the notice of the court that the petitioner …

Explained: The laws governing bail in India and what changes does the Supreme Court want
2 years, 8 months ago

Explained: The laws governing bail in India and what changes does the Supreme Court want

Firstpost  

Lamenting that jails across the country were flooded with undertrial prisoners, the apex court urged the Centre to introduce reforms in the bail laws. It stated that bail applications should be disposed of within two weeks while those for anticipatory bail be decided within six weeks There can never be an impression that India is a police state, the Supreme …

Delhi HC to Hear on May 26 Sharjeel Imam's Interim Bail Plea Based on SC Order on Sedition
2 years, 10 months ago

Delhi HC to Hear on May 26 Sharjeel Imam's Interim Bail Plea Based on SC Order on Sedition

News 18  

The Delhi High Court on Tuesday said it will hear on May 26 a plea by JNU student Sharjeel Imam, who has been arrested in a case related to alleged inflammatory speeches made by him during the protests against the Citizenship Amendment Act and the National Register of Citizens in 2019, seeking interim bail. Imam has sought bail citing the …

Computation Of Period Of Detention For Default Bail U/S 167 CrPC Is To Be Done Afresh If Additional Offence Found Against Accused: Rajasthan HC
2 years, 11 months ago

Computation Of Period Of Detention For Default Bail U/S 167 CrPC Is To Be Done Afresh If Additional Offence Found Against Accused: Rajasthan HC

Live Law  

The Rajasthan High Court has recently observed that the right to seek default/statutory bail accrues to the accused in the nature of an indefeasible right, only if such remedy by preferring an appropriate application has been availed of within the prescribed window from the date of expiry of total period of detention of accused person under Section 167 Cr.P.C., until …

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

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

Live Law  

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

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

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

Live Law  

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

Criminal Appeals From 1980s Pending In Allahabad HC; Convicts Awaiting Bail Even After 16 Yrs Sentence : Supreme Court Says "Disturbing State Of Affairs"
3 years ago

Criminal Appeals From 1980s Pending In Allahabad HC; Convicts Awaiting Bail Even After 16 Yrs Sentence : Supreme Court Says "Disturbing State Of Affairs"

Live Law  

The Supreme Court recently termed the state of affairs before the Lucknow Bench of Allahabad High Court as "disturbing" on being apprised of the pendency of bail applications of convicts who have undergone more than 16 years of incarceration and non availability of criminal bench to hear the same for the last 25 days. The bench of Justices SK Kaul …

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case
3 years ago

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case

Live Law  

The Delhi High Court has granted bail to a man incarcerated for almost 8 years in connection with a case registered under Narcotic Drugs and Psychotropic Substances Act, 1985, on account of inordinate delay in his trial and prolonged judicial custody.Justice Subramonium Prasad observed that there was an "egregious violation of an accused's right to personal liberty and right to …

Supreme Court Grants Bail To Accused Who Had Undergone 6 Years For Offence Punishable With A Maximum Term of 7 Years
3 years ago

Supreme Court Grants Bail To Accused Who Had Undergone 6 Years For Offence Punishable With A Maximum Term of 7 Years

Live Law  

On Wednesday, the Supreme Court granted bail to an accused who had undergone a sentence for a period of 6 years for an offence for which the maximum term of punishment is 7 years. Maximum period for which an undertrial prisoner can be detained.—Where a person has, during the period of investigation, inquiry or trial under this Code of an …

Fahad Shah’s Re-Arrest After Bail: Why It May Be an Abuse of Legal Process
3 years ago

Fahad Shah’s Re-Arrest After Bail: Why It May Be an Abuse of Legal Process

The Quint  

Shah’s repeated arrests come even as the higher courts continue to remind the police and the lower courts to avoid arrests. “Merely because an arrest can be made because it is lawful does not mandate that arrest must be made,” a Supreme Court bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy had observed in August 2021. The Allahabad High …

Bombay High Court grants “default” bail to Sudha Bharadwaj
3 years, 3 months ago

Bombay High Court grants “default” bail to Sudha Bharadwaj

The Hindu  

Sudha Bharadwaj, the trade unionist and lawyer jailed in connection with the Elgar Parishad/Bhima Koregaon case, has been granted default bail by the Bombay High Court on December 1. Sudha Bharadwaj will be the first among the 16 imprisoned in the case to be granted default bail. This technicality in the law, on which “court” was competent to extend the …

Broad Parameter Of 50% Sentence Undergone Can Be Basis For Grant Of Bail To Convicts When Appeal Is Pending : Supreme Court
3 years, 5 months ago

Broad Parameter Of 50% Sentence Undergone Can Be Basis For Grant Of Bail To Convicts When Appeal Is Pending : Supreme Court

Live Law  

While considering the issue of long pendency of criminal appeals in the Allahabad High Court, the Supreme Court has observed that the High Court must explore granting bail to convicts who have undergone eight years of the sentence.The Court observed that the bail is the rule where the convict has already undergone eight years of actual sentence. While considering the …

[ISRO Espionage] Time Limit On Siby Mathew's Pre-Arrest Bail Order: Kerala High Court Seeks CBI Response
3 years, 6 months ago

[ISRO Espionage] Time Limit On Siby Mathew's Pre-Arrest Bail Order: Kerala High Court Seeks CBI Response

Live Law  

The Kerala High Court sought the response of the Central Bureau of Investigation regarding the order of the Sessions Court dated 24th August which imposed a time limit imposed on the pre-arrest bail granted to former DGP Siby Mathews, an accused in the ISRO espionage case.Justice K Haripal listed the matter on October 21st for further consideration. The Kerala High …

Porn Movie Racket Case : Supreme Court Grants Pre-Arrest Bail To Gehana Vasisht In 3rd FIR
3 years, 6 months ago

Porn Movie Racket Case : Supreme Court Grants Pre-Arrest Bail To Gehana Vasisht In 3rd FIR

Live Law  

The Supreme Court today granted pre-arrest bail to actor Gehana Vasisht in porn films racket also involving businessman Raj Kundra. The bench of Justices SK Kaul and BR Gavai while issuing notice in the Special Leave Petition filed by Vasisht, stayed the Bombay High Court's order of rejecting her anticipatory bail petition. Taking into consideration that the main accused Raj …

Criminal Appeals Not Likely To Be Heard Soon In Allahabad HC : Supreme Court Grants Bail To 2 Prisoners
3 years, 6 months ago

Criminal Appeals Not Likely To Be Heard Soon In Allahabad HC : Supreme Court Grants Bail To 2 Prisoners

Live Law  

Taking into consideration the pendency of criminal appeal before Allahabad High Court since 2007 and 2013 and the unlikeliness of the same being heard in near future, the Supreme Court on Friday granted bail to two accused who have already undergone incarceration for more than 15 and 12 years. Considering that the petitioners have already undergone 15 years of incarceration, …

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