Bombay High Court Takes Suo Moto Cognizance Of Non-Production Of Undertrials, Directs State To Utilize Budget For VC Facilities Before March 31
1 year, 3 months ago

Bombay High Court Takes Suo Moto Cognizance Of Non-Production Of Undertrials, Directs State To Utilize Budget For VC Facilities Before March 31

Live Law  

The Bombay High Court on Wednesday took suo moto cognizance of the issue of non-production of the undertrial prisoners before the appropriate courts at various stages. Justice Bharati Dangre was dealing with a bail application by one Tribhuvansingh Raghunath Yadav, an accused in a forgery case who wasn't produced before the Metropolitan Magistrate Court in Andheri on 23 dates either physically or through VC. However, since the orders which are passed by me appointing the Amicus pertain to the larger issue of production of the under-trial prisoners before the appropriate courts at various stages, the Application is now titled as 'suo motu application' and the registry shall allot a new number to the same”, the court observed. While the court allowed the applicant's request and disposed of the present bail application, considering the larger issues pertaining to the production of under-trial prisoners, the court directed the application to be registered as a 'suo motu application.'

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History of this topic

Bombay High Court directs Maharashtra govt to swiftly act on the staff shortage in the court
1 month ago

Bombay High Court directs Maharashtra govt to swiftly act on the staff shortage in the court

The Hindu  

The Bombay High Court on Friday directed the Maharashtra government to take prompt action in deciding on the proposals submitted by the High Court registry regarding staff requirements. The High Court is hearing a suo moto cognizance taken in December 2024 after observing that the staff shortage at the High Court premised has been severely disrupting with the judicial work …

Delhi court grants bail to CEO, coordinator in UPSC coaching drowning case
1 month, 1 week ago

Delhi court grants bail to CEO, coordinator in UPSC coaching drowning case

Hindustan Times  

A Delhi court on Monday granted bail to RAU's IAS Study Circle former CEO Abhishek Gupta and coordinator Deshpal Singh in a case related to the drowning of three aspirants at the basement of the coaching centre in Old Rajinder Nagar in July 2024. RAU's IAS Study Circle former CEO Abhishek Gupta and coordinator Deshpal Singh granted bail. Principal district …

Why 2-Judge Benches Hear Bail Applications? Supreme Court Questions Calcutta High Court Practice, Seeks Report
1 month, 3 weeks ago

Why 2-Judge Benches Hear Bail Applications? Supreme Court Questions Calcutta High Court Practice, Seeks Report

Live Law  

The Supreme Court recently questioned the practice of the Calcutta High Court hearing regular and anticipatory bail applications before Division Benches instead of Single Judges, as is the norm in other High Courts. “When there is a huge filing and pendency of the bail applications, we wonder why regular bail applications and anticipatory bail applications are being heard by the …

Bombay High Court Takes Suo Motu Cognisance On Protection And Preservation Of Wetlands In State
2 months, 1 week ago

Bombay High Court Takes Suo Motu Cognisance On Protection And Preservation Of Wetlands In State

Live Law  

The Bombay High Court today took suo moto cognisance of the issue pertaining to the maintenance and preservation of wetlands in Maharashtra. In its order dated 11 December 2024, the Supreme Court had observed that an affidavit filed on behalf of the Ministry of Environment, Forest and Climate Change of India be treated as a suo moto public interest litigation, …

Bombay High Court Takes Suo Motu Cognisance On Protection And Preservation Of Wetlands In State
2 months, 1 week ago

Bombay High Court Takes Suo Motu Cognisance On Protection And Preservation Of Wetlands In State

Live Law  

The Bombay High Court today took suo moto cognisance of the issue pertaining to the maintenance and preservation of wetlands in Maharashtra.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar said that it was taking cognizance of the matter based on Supreme Court's order in the case of Anand Arya vs. UOI No. The Bombay High …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
3 months, 1 week ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024

Live Law  

Supreme Court: Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. Jammu & Kashmir High Court: Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court Case Title: Ajeet Kumar Vs UT Of J&K Citation: 2024 LiveLaw 320 Criticising the growing trend of directly approaching the High Court …

Bombay High Court grants bail to 14 accused in Mira Road communal violence case
3 months, 1 week ago

Bombay High Court grants bail to 14 accused in Mira Road communal violence case

The Hindu  

The Bombay High Court has granted bail to 14 Muslim men arrested for their alleged involvement in the Mira Road communal violence this January. Noting that their further detention appeared ‘tenuous’, a Single Bench judge, Justice Nijamoodin J. Jamadar observed, “Prima facie, it appears that premeditation or a prior meeting of mind to attack the members of the convoy cannot …

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 …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
3 months, 3 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 …

SC expresses concern over prisoners unable to secure bail due to lack of surety
4 months ago

SC expresses concern over prisoners unable to secure bail due to lack of surety

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday flagged the issue of prisoners not able to avail bail because of failure to furnish surety despite grant of relief by courts. information available on this module can be used to trace out cases where people have been granted bail but they have not availed it," the bench observed, adding that it would …

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail
4 months, 1 week 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 …

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

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

The Hindu  

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

Allahabad HC relief to SP MLA in 2021 criminal case
7 months, 1 week 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 …

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 …

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent
8 months, 3 weeks ago

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent

Live Law  

The Bombay High Court recently granted bail to a man booked for allegedly stripping three teenagers, inserting fingers in the anus, abusing them and assaulting them with a leather belt. “After going through the FIR and the allegations made in the FIR against the Applicant coupled with the material collected during investigation, prima facie nothing is brought on record to …

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, 2 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 …

Bombay HC grants interim bail to accused amid bribery allegations against police
11 months, 1 week ago

Bombay HC grants interim bail to accused amid bribery allegations against police

Hindustan Times  

MUMBAI: The Bombay high court on April 5 directed the Mumbai police to procure call detail records and WhatsApp messages/calls of an Ahmedabad resident accused in a cheating case after he alleged that the investigating officer had demanded a bribe of ₹50 lakh from his family using his phone. HT Image A division bench comprising Justice Revati Mohite Dere and …

Delhi HC takes suo moto cognisance of delay in prisoner’s release on bail
1 year ago

Delhi HC takes suo moto cognisance of delay in prisoner’s release on bail

Hindustan Times  

The Delhi high court has taken suo moto cognisance of a jail superintendent’s delay in accepting bail bond and releasing a prisoner granted bail, calling it unacceptable. The court took suo moto cognisance while considering the application about the delay. The court took suo moto cognisance while considering the application about the delay in the release of the prisoner despite …

Bombay High Court Cancels Bail Granted By Sessions Court To Man Accused Of Defaming Minor Girl With Obscene Photos
1 year ago

Bombay High Court Cancels Bail Granted By Sessions Court To Man Accused Of Defaming Minor Girl With Obscene Photos

Live Law  

The Bombay High Court cancelled the bail granted by Sessions Court to a man accused of extorting and defaming a child with obscene photos after finding that he had obtained bail from sessions court during the pendency of his bail application before the HC. Justice PK Chavan noted that in the accused obtained bail from Sessions Court, Pune despite claiming …

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

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

Live Law  

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

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

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications

Live Law  

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

Bombay High Court Grants Interim Protection From Arrest To Two Women Accused Of Cheating Actor Vivek Oberoi
1 year, 2 months ago

Bombay High Court Grants Interim Protection From Arrest To Two Women Accused Of Cheating Actor Vivek Oberoi

Live Law  

The Bombay High Court has granted interim anticipatory bail to two women accused in an alleged cheating case filed by actor Vivek Oberoi. Justice Sarang V. Kotwal granted temporary protection from arrest till 22nd February 2024 to Nandita Saha and Raadhika Nanda in two separate but related anticipatory bail pleas. The pleas relate to an FIR filed by Oberoi's Chartered …

'Approx 3000 Bail Pleas Disposed Within A Month': Gujarat High Court On Discontinuation Of Practice Of Issuing 'Rule Nisi'
1 year, 3 months ago

'Approx 3000 Bail Pleas Disposed Within A Month': Gujarat High Court On Discontinuation Of Practice Of Issuing 'Rule Nisi'

Live Law  

On Monday, the Gujarat High Court highlighted the positive outcomes resulting from the discontinuation of the practice of issuing 'Rule Nisi' and adjourning bail matters for extended periods. The court, presided over by Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, disclosed that this change has led to the expeditious disposal of approximately 3,000 bail applications within a month. This …

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter
1 year, 5 months ago

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter

Live Law  

The Chief Justice Of Gujarat High Court Sunita Agarwal on Thursday orally remarked that she is working out to end the ongoing practice in HC of issuing rule nisi in bail matters and posting those cases for hearing 2-3 weeks thereafter. She added that after 24 hours and 48 hours, the Public Prosecutor must be ready to argue on bail …

Data | Indian judicial data hides more than it reveals in bail cases
1 year, 7 months ago

Data | Indian judicial data hides more than it reveals in bail cases

The Hindu  

The number of bail appeals filed in India’s High Courts surged post 2020, according to the ‘High Court dashboard’ by DAKSH, a think-tank focussed on law and justice system reforms. Click to remove AMP mode Consequently, the number of pending bail appeals in High Courts also surged from around 50,000 to 65,000 to between 1.25 lakh to 1.3 lakh. Chart …

Supreme Court Half Yearly Bail Digest 2023
1 year, 7 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

Supreme Court Closes Suo Motu Case Against Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'
1 year, 8 months ago

Supreme Court Closes Suo Motu Case Against Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'

Live Law  

The Supreme Court on Tuesday closed the matter in which it took suo motu cognizance of the order of the Allahabad High Court which directed the Head of Astrology Department, Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali. Justice Dhulia stated that the Court in its previous order had left it to …

Calcutta High Court Upholds Cancellation Of Bail In Murder Case Over Suppression Of Fact Regarding Earlier Rejection
1 year, 11 months ago

Calcutta High Court Upholds Cancellation Of Bail In Murder Case Over Suppression Of Fact Regarding Earlier Rejection

Live Law  

The Calcutta High Court upheld an order of cancellation of bail passed by the Sessions Court on the ground that the accused supressed the fact before the Sessions Court that his earlier bail prayer was turned down by the High Court. The petitioner contended that the High Court considered the bail prayer of the petitioner at the stage prior to …

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC
1 year, 11 months ago

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC

Live Law  

The Kerala High Court on Tuesday remanded a bail application in a POCSO case for fresh consideration by the trial Court, while exercising its jurisdiction under Section 482 Cr.P.C. The Single Judge Bench of Justice K. Babu directed the Trial Court to consider the entitlement of the petitioner for regular bail before March 30, 2023. When he filed a petition …

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

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

Live Law  

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

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 …

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

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

Live Law  

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh - JJ; Union of India v. Thamisharasi 4 SCC 190 = 1995 KC 1189 - J. S. Verma, Sujata V. Manohar – JJ; Uday Mohanlal Acharya v. State …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-V
2 years, 1 month ago

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

Live Law  

Q.21 “Even though the principles of res judicata are not applicable to bail applications, it would lead to bad precedent if bail applications are filed repeatedly or successively without there being any change of circumstances”. Those are the observations made by the Supreme Court in State of Tamil Nadu v. S.A. Raja AIR 2005 SC 4462 – K. G. Balakrishan, …

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court
2 years, 2 months ago

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court

Live Law  

Once the court extends the judicial custody of an accused, the refusal of sanction to prosecute will not invalidate the extension of custody, the Bombay High Court has held while refusing to grant default bail in a case under the Maharashtra Control of Organised Crime Act, 1999. Though the petitioners applied for bail 30 minutes before the charge sheet was …

Plea Seeking Pre-Arrest Bail Not Money Recovery Proceedings: Supreme Court Sets Aside HC Bail Condition Of Depositing Rs 7.5 Lakhs
2 years, 5 months ago

Plea Seeking Pre-Arrest Bail Not Money Recovery Proceedings: Supreme Court Sets Aside HC Bail Condition Of Depositing Rs 7.5 Lakhs

Live Law  

Opining that petitions seeking pre arrest bail are not same as money recovery proceedings petitions, the Supreme Court of India recently annulled a condition imposed by the Jharkhand High Court of depositing 7.5 Lakhs as "victim compensation" while granting pre-arrest bail. A Division Bench of Dinesh Maheshwari and Bela M Trivedi observed, "Even if we take the submissions of the …

'Keeping Bail Application Pending For 8 Months Not Consistent With Right To Liberty': Supreme Court In Anil Deshmukh's Plea
2 years, 5 months ago

'Keeping Bail Application Pending For 8 Months Not Consistent With Right To Liberty': Supreme Court In Anil Deshmukh's Plea

Live Law  

The Supreme Court, on Monday, granted liberty to former Home Minister of the State of Maharashtra, Anil Deshmukh to approach the Bombay High Court Bench assigned to hearing his bail application tomorrow. The Apex Court requested the High Court to take up the bail application pertaining to the PMLA matter within the course of the week and dispose it of …

Delhi High Court Restores Bail In View Of Disputed Fact About Accused Threatening Complainant
2 years, 6 months ago

Delhi High Court Restores Bail In View Of Disputed Fact About Accused Threatening Complainant

Live Law  

The Delhi High Court has recently restored bail to three men after the parties lodged counter FIRs against each other, noting unless the investigation in both the cases reaches its logical conclusion, it cannot be assumed that the accused persons had violated any of the conditions of bail granted by the lower court or tried to influence the administration of …

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court
2 years, 7 months ago

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

Live Law  

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

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 9 months ago

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

Live Law  

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

Supreme Court Monthly Criminal Digest- May 2022
2 years, 9 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

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

Calcutta High Court Weekly Roundup: March 28 To April 3, 2022
2 years, 11 months ago

Calcutta High Court Weekly Roundup: March 28 To April 3, 2022

Live Law  

Nominal Index Anubrata Mondal v. Union of India & Ors 2022 LiveLaw 94 Bharat Heavy Electricals Limited v. Optimal Power Synergy Ltd 2022 LiveLaw 95 In Re : Guddu Mondal @ Guddu Ali Mondal & Anr 2022 LiveLaw 96 Dr. Santi Prasad Sinha v. Md. All Acquittal Orders Must Be Forwarded To DLSA & District Magistrate For Due Intimation To …

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals
2 years, 11 months ago

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals

Live Law  

The Calcutta High Court on Tuesday directed the Registrar of the High Court to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before the Court for consideration of bail within 2 weeks. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi noted that the Supreme Court in …

"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 An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed
3 years ago

Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed

Live Law  

Taking into consideration that the co accused who was on bail and there was no likelihood of the trial being completed soon, the Supreme Court recently granted bail to an accused who had been in custody since 2020.The bench of Justices LN Rao and BR Gavai granted bail in SLP assailing Punjab and Haryana High Court's order dated September 20,2021 …

Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail
3 years, 2 months ago

Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail

Live Law  

The Bombay High Court on Thursday refused a request by eight accused in the Bhima Koregaon – Elgar Parishad Case for substantial factual corrections to the HC's order denying them bail. The 8 accused - Sudhir Dhawale, Dr P Varavara Rao, Rona Wilson, Advocate Surendra Gadling, Professor Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira -approached the High Court …

"Imposition Of Onerous Conditions For Grant Of Bail Tantamount To Denial Of Bail": Supreme Court
3 years, 4 months ago

"Imposition Of Onerous Conditions For Grant Of Bail Tantamount To Denial Of Bail": Supreme Court

Live Law  

The Supreme Court of India has recently observed that imposition of onerous conditions for grant of bail is tantamount to denial of bail. "We are of the considered view that imposition of onerous conditions for grant of bail tantamount to denial of bail", the Court said. A Bench comprising Justice Nageswara Rao and Justice BR Gavai made the observation while …

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation
3 years, 4 months ago

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation

Live Law  

The Delhi High Court has stayed an order passed by a Sessions Court in bail proceedings, wherein it had pulled up an Investigating Officer of the Delhi Police for conducting perfunctory investigation in connection with a dowry death case.Justice Chandra Dhari Singh observed,"it is a settled position of law that the lower courts are not akin to constitutional courts. The …

Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection
3 years, 4 months ago

Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection

Live Law  

The Supreme Court on Friday refused to grant a stay on the criminal case lodged against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi for the offence of rape. A Bench comprising Justices M.R Shah and A.S Bopanna further ordered that the interim protection from arrest granted earlier by the High Court must be continued until the …

[BREAKING] Aryan Khan Case : Bombay High Court Releases Order With Bail Conditions
3 years, 4 months ago

[BREAKING] Aryan Khan Case : Bombay High Court Releases Order With Bail Conditions

Live Law  

The Bombay High Court has restrained Aryan Khan, who was yesterday granted bail in the cruise ship drug case, from leaving the country without prior leave from the Court. BREAKING : Bombay High Court gives conditions for bail of #AryanKhan, #ArbaazMerchant and #MunmunDhamecha : * They should execute execute personal of Rs 1 lakh with one or more sureties in …

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