Allowing Bail To Rape Convict Ex-Priest To Marry Survivor Will Be A Mockery Of Justice: Activists' Plea In Kerala HC
4 years, 5 months ago

Allowing Bail To Rape Convict Ex-Priest To Marry Survivor Will Be A Mockery Of Justice: Activists' Plea In Kerala HC

Live Law  

Stating that allowing the plea of rape convict Robin Vadakkumcheriyil, ex-priest of Catholic Church, to suspend the sentence to marry the rape survivor will set a bad precedent, an activist and a Christian feminist organization have filed an application in the High Court of Kerala.The applicants, Goerge Pulikuthiyil, an advocate-activist and Brinelle D'souza, founding and core committee member. Stating that allowing the plea of rape convict Robin Vadakkumcheriyil, ex-priest of Catholic Church, to suspend the sentence to marry the rape survivor will set a bad precedent, an activist and a Christian feminist organization have filed an application in the High Court of Kerala. The applicants, Goerge Pulikuthiyil, an advocate-activist and Brinelle D'souza, founding and core committee member of Voices Against Sexual Abuse in the Church stated that, if Robin's bail application is allowed, then it will set a bad example and open the door for many such men to force or coerce their victims into a compromise in order to escape the rigours of law "The relief at this stage citing his desire to marry the victim, it will open the door for many such men who commit the offence of rape or aggravated sexual assault to force or coerce their victims into a compromise in order to escape the rigours of law. "It is submitted that this Hon'ble Court must disallow the Appellant's attempt at a notional marriage by rejecting the prayer for interim bail, as the same would not be in the interest of justice and would result in an abuse of the process of court", the plea stated.

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History of this topic

Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case, Says Bail Will Be Cancelled If Similar Offence Is Committed
1 day, 5 hours ago

Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case, Says Bail Will Be Cancelled If Similar Offence Is Committed

Live Law  

The Kerala High Court on Tuesday granted bail to Boby Chemmanur in the sexual harassment case filed by a Malayalam Movie actress. The Court followed the Supreme Court judgment in Arnesh Kumar v State of Bihar which said that bail shall be granted if the maximum sentence for the offence is less than 7 year. The Court had said that …

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
1 day, 9 hours ago

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order

Live Law  

The Delhi Police on Tuesday opposed the plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. ASG Chetan Sharma, along with SPP Rajat Nair appeared for the Delhi …

'Nomination Can Be Filed Even While Sitting In Jail': Delhi High Court On Tahir Hussain's Interim Bail Plea To Contest Assembly Polls
2 days, 9 hours ago

'Nomination Can Be Filed Even While Sitting In Jail': Delhi High Court On Tahir Hussain's Interim Bail Plea To Contest Assembly Polls

Live Law  

The Delhi High Court on Monday listed for tomorrow a plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen party. Justice Neena Bansal Krishna said that it will hear …

Last Accused In Custody For Journalist Gauri Lankesh's Murder Gets Bail, 17 Accused Out On Bail While One Absconds
5 days, 8 hours ago

Last Accused In Custody For Journalist Gauri Lankesh's Murder Gets Bail, 17 Accused Out On Bail While One Absconds

Live Law  

A court in Bengaluru recently granted bail to Sharad Bhausaheb Kalaskar, an accused in the alleged murder case of journalist Gauri Lankesh. The Karnataka High Court recently had granted bail to accused Bharat Kurane, Srikanth Pangarkar, Sujith Kumar and Sudhanva Gondhalekar vide its order dated September 4. Further, the High Court vide its order dated July 16, had granted bail …

Hindu monk Chinmoy Krishna Das denied bail by Bangladeshi court in Chattogram
1 week, 6 days ago

Hindu monk Chinmoy Krishna Das denied bail by Bangladeshi court in Chattogram

Hindustan Times  

A Bangladeshi court on Thursday denied bail to Hindu monk Chinmoy Krishna Das, whose arrest last November on sedition charges triggered protests in several Indian states and emerged as an irritant in bilateral relations. People in India protest against the arrest of Hindu monk Chinmoy Krishna Das in Bangladesh. This was the second time Das’s bail petition was rejected by …

Allahabad HC rejects SP MLA’s bail plea in 2022 spurious liquor case
3 weeks, 5 days ago

Allahabad HC rejects SP MLA’s bail plea in 2022 spurious liquor case

Hindustan Times  

The Allahabad high court on Friday rejected the second bail plea of SP MLA Ramakant Yadav in a spurious liquor case in which nine people had died in Azamgarh district in 2022. Yadav’s counsel argued that the Supreme Court had directed him to file a second bail plea in case no substantial progress is made in the trial pending before …

Bangladesh: Iskcon priest awaits bail as court defers hearing for third time, lawyer attacked again
1 month ago

Bangladesh: Iskcon priest awaits bail as court defers hearing for third time, lawyer attacked again

Firstpost  

No early bail hearing for Hindu monk Chinmoy Krishna Das as a court in Bangladesh’s Chattogram rejected a plea seeking to advance hearing his bail petition. Senior lawyer attacked again Reports quoted 75-year-old Ghosh as saying that he was harassed and attacked on Wednesday outside the court when he went to file the petition on advance hearing of Das’s bail …

No relief to Hindu priest: Bangladesh court rejects petition to advance hearing of Chinmoy Krishna Das’ bail plea
Trending News
1 month ago

No relief to Hindu priest: Bangladesh court rejects petition to advance hearing of Chinmoy Krishna Das’ bail plea

Live Mint  

Arrested Hindu priest Chinmoy Krishna Das' is unlikely to get any immediate relief before the new year as Bangladesh court on Wednesday rejected a petition to advance the hearing of his bail plea in a sedition case. Chattogram Metropolitan Session Judge Saiful Islam said that the bail plea would be heard as previously fixed on January 2. — On November …

'Men Also Have Right & Dignity': Kerala HC Grants Pre-Arrest Bail To Actor Balachandra Menon In Sexual Assault Case Filed With 17 Yrs Delay
1 month ago

'Men Also Have Right & Dignity': Kerala HC Grants Pre-Arrest Bail To Actor Balachandra Menon In Sexual Assault Case Filed With 17 Yrs Delay

Live Law  

The Kerala High Court today granted anticipatory bail to Malayalam actor Balachandra Menon in a sexual assault case filed against him with 17 years delay, after publication of the Justice Hema Committee Report. Based on a statement of a lady, that too after 17 years, this case has been registered…It is true that investigation is going on but everybody must …

'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 …

Malayalam actor Siddique arrested in rape case, released on bail as per Supreme Court order
1 month, 1 week ago

Malayalam actor Siddique arrested in rape case, released on bail as per Supreme Court order

The Hindu  

The State Police on Friday arrested actor Siddique who is facing the charge of raping an aspiring actor in a hotel room in Thiruvananthapuram in 2016. Mr. Siddique, protected from judicial remand and custodial interrogation by a Supreme Court order, was later released on bail by a magistrate court. Mr. Nair and a team of officers questioned Mr. Siddique on …

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 …

Kerala High Court denies bail to cop accused of raping minor Dalit girl
1 month, 3 weeks ago

Kerala High Court denies bail to cop accused of raping minor Dalit girl

India Today  

The Kerala High Court denied bail to a police officer, accused of raping a 14-year-old school girl two years ago on Children’s Day, saying he committed a “heinous offence”. The judge, Justice K Babu, denied the bail petition of the officer, who at the time of the rape was a Student Police Cadet instructor at the victim’s school. In his …

Calcutta High Court Delivers Split Verdict On Bail Plea Of Ex-State Education Minister Partha Chatterjee, Four Others Accused In Cash-For-Jobs Scam
1 month, 3 weeks ago

Calcutta High Court Delivers Split Verdict On Bail Plea Of Ex-State Education Minister Partha Chatterjee, Four Others Accused In Cash-For-Jobs Scam

Live Law  

The Calcutta High Court has delivered a split verdict on the bail pleas of Partha Chatterjee, former State Education Minister, and four others, accused in the infamous cash for jobs recruitment scam case. While the division bench of Justices Arijit Banerjee and Apurba Sinha Ray was considering bail pleas by the accused, Justice Banerjee granted bail to all accused, while …

SC grants anticipatory bail to actor Siddique in rape case, flags 8-year delay in filing FIR: Posted on Facebook, but..
1 month, 3 weeks ago

SC grants anticipatory bail to actor Siddique in rape case, flags 8-year delay in filing FIR: Posted on Facebook, but..

Live Mint  

The Supreme Court has granted anticipatory bail to veteran Malayalam actor Siddique in connection with an alleged rape case dating back to 2016. A bench comprising Justice Bela Trivedi and Satish Chandra Sharma made the interim anticipatory bail, granted on September 30, absolute. Justice Trivedi pointedly questioned the complainant's actions, stating: “You had the courage to post the complaint on …

Supreme Court grants anticipatory bail to Malayalam actor Siddique in rape case
1 month, 3 weeks ago

Supreme Court grants anticipatory bail to Malayalam actor Siddique in rape case

Hindustan Times  

Siddique's anticipatory bail: The Supreme Court on Tuesday granted anticipatory bail to Malayalam actor Siddique in a case of alleged sexual assault registered against him in a 2016 incident by an actress. The Supreme Court noted that the complaint in the case was filed in August, eight years after the alleged incident took place in 2016. In its status report, …

Telangana HC Extends Bail to Bhujanga Rao
2 months ago

Telangana HC Extends Bail to Bhujanga Rao

Deccan Chronicle  

Hyderabad: The Telangana High Court on Thursday extended the interim bail granted to N. Bhujanga Rao, accused in the phone-tapping case, till November 18 on medical grounds. On Wednesday, the Nampally Metropolitan Sessions Court had dismissed his petition seeking extension of interim bail and directed him to surrender by 4.30 pm on Thursday. Bhujanga Rao moved the High Court by …

Supreme Court rejects bail plea of former JD(S) MP Prajwal Revanna in rape and sexual assault case
Top News
2 months ago

Supreme Court rejects bail plea of former JD(S) MP Prajwal Revanna in rape and sexual assault case

India TV News  

The Supreme Court on Monday rejected the bail application of Prajwal Revanna, the former member of parliament from JDS, who is alleged with various charges of rape and sexual assault. Nevertheless, the bench of the Supreme Court held that it could not entertain the matter of revisiting the bail application that was denied by the Karnataka High Court to Revanna …

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.

Kerala Actress Sexual Assault: SC Grants Bail To Pulsar Suni Over Delay In Trial
3 months, 4 weeks ago

Kerala Actress Sexual Assault: SC Grants Bail To Pulsar Suni Over Delay In Trial

ABP News  

The Supreme Court on Tuesday granted bail to Sunil N S, the main accused in the 2017 actress assault case in Kerala in which actor Dileep is also a co-accused. Pulsar Suni was granted bail by the top court after it noted that the trial proceedings will take a long time to conclude and he has faced long period of …

Supreme Court to hear Siddique Kappan's plea seeking relaxation of bail conditions
3 months, 4 weeks ago

Supreme Court to hear Siddique Kappan's plea seeking relaxation of bail conditions

New Indian Express  

The Supreme Court would hear a plea by Kerala Journalist Siddique Kappan seeking relaxation of bail conditions. He has sought the relaxation of the bail condition that he shall record his presence at the police station in Uttar Pradesh every Monday, Live Law reported. Kappan has been in custody since October 6, 2020 under Sections 17/18 of UAPA, Sections 120B, …

HC refuses bail to wife of suspended govt. officer in minor rape case
4 months, 1 week ago

HC refuses bail to wife of suspended govt. officer in minor rape case

The Hindu  

The Delhi High Court on Friday refused bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor girl several times and impregnated her. The court dismissed the bail application of Seema Rani Khakha, noting the case “strikes at the root of trust between two families” and the possibility of influencing witnesses can’t be ruled …

Karnataka HC denies bail to rape, forced conversion accused Rafiq
4 months, 3 weeks ago

Karnataka HC denies bail to rape, forced conversion accused Rafiq

Op India  

The Karnataka High Court has refused bail to a person from Belagavi who sexually assaulted and also forced a 28-year-old married Dalit woman to embrace Islam. According to Justice S. Rachaiah, it is inappropriate to grant the accused bail given the victim’s mental state and condition. The 33-year-old accused Rafiq also known as Laalsab Bepari was charged with violations under …

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 …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months, 3 weeks ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

Bhima Koregaon Case| Hany Babu Withdraws Bail Petition In Supreme Court
8 months, 1 week ago

Bhima Koregaon Case| Hany Babu Withdraws Bail Petition In Supreme Court

Live Law  

Hany Babu, a former Delhi University Professor, on Friday withdrew his petition in the Supreme Court seeking bail in the Bhima Koregaon case over alleged Maoist links. Accordingly, the Court had passed the following order: “The counsel for the petitioner states that there is a change in the circumstance and she would not like to press the present petition and …

Justice Ramkumar Reviews India's Latest Criminal Justice Law
9 months, 4 weeks 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 …

Kerala HC refuses to cancel Dileep’s bail in actress assault case
10 months, 2 weeks ago

Kerala HC refuses to cancel Dileep’s bail in actress assault case

Hindustan Times  

The Kerala high court on Wednesday turned down a plea by the crime branch seeking cancellation of the bail granted to actor Dileep in connection with the 2017 actress abduction and sexual assault case. Dileep was named as the eighth accused in the case Dileep was named as the eighth accused in the case.The prosecution had moved the high court …

Accused should get reasonable chance to fulfil bail conditions: Orissa HC
10 months, 4 weeks ago

Accused should get reasonable chance to fulfil bail conditions: Orissa HC

New Indian Express  

CUTTACK: An accused should be given reasonable opportunity to fulfil the bail conditions when no time limit is specified while granting it, the Orissa High Court has held. A single judge bench of Justice V Narasingh gave the ruling in the case of one Bhisma Behera whose bail plea was rejected by the trial court after granting default bail as …

Koodathayi Murder: Kerala High Court Dismisses Accused Jolly's Second Bail Plea, Says Her Release Would Have Deleterious Impact On Society
11 months, 2 weeks ago

Koodathayi Murder: Kerala High Court Dismisses Accused Jolly's Second Bail Plea, Says Her Release Would Have Deleterious Impact On Society

Live Law  

The Kerala High Court today for the second time dismissed the bail applications filed by Jolly Joseph, the first accused in the infamous Koodathayi murders. It further stated that there were intelligence reports regarding public outrage and potential revolt against Jolly for committing familicide and her release would have a deleterious impact on society. “On a consideration of the materials …

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court
11 months, 4 weeks ago

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court

Live Law  

In a recent matter before the Kerala High Court, a single judge bench of Justice CS Dias held that an oral application made by the petitioner, who was accused under the NDPS Act would be sufficient to release him on statutory bail due to the failure of the Investigation Officer to file the final report on time. The petitioner submitted …

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

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

Live Law  

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

Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Sexually Abusing Client
1 year, 2 months ago

Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Sexually Abusing Client

Live Law  

The Kerala High Court recently granted anticipatory bail to two lawyers accused of raping and sexually abusing their client on multiple occasions. Justice Gopinath P. passed the order, on taking note of the fact that while the victim/de facto complainant averred that she had been sexually abused from the moment she had first approached the 1st petitioner to entrust her …

Mamman Khan gets bail in two cases, hearing in two more on October 3
1 year, 3 months ago

Mamman Khan gets bail in two cases, hearing in two more on October 3

Hindustan Times  

Congress leader and Ferozepur Jhirka MLA Mamman Khan, who was arrested in connection with the communal violence in Nuh on July 31, was granted bail in two cases out of four on Saturday, said police. Congress MLA Mamman Khan will remain in jail as he is yet to get bail in two other cases related to the Nuh violence. However, …

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old
1 year, 4 months ago

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old

Live Law  

A plea has been moved in the Kerala High Court against the grant of anticipatory bail to a 57 years old man accused of sexually assaulting a minor aged 7 years. The Sessions Judge vide, its Order dated August 3, 2023, granted anticipatory bail to the accused on noting the delay caused in the registration of the case and that …

Video Reflects Secular Views, FIR Appears Motivated: Kerala High Court Grants Anticipatory Bail To Shajan Skaria In Priest Humiliation Case
1 year, 5 months ago

Video Reflects Secular Views, FIR Appears Motivated: Kerala High Court Grants Anticipatory Bail To Shajan Skaria In Priest Humiliation Case

Live Law  

The Kerala High Court on Thursday allowed the anticipatory bail plea moved by Shajan Skaria in the case alleging that he interacted with a priest through his YouTube channel 'Marunadan Malayali' with the intention to insult a religion.The Single Bench of Justice K. Babu found "force" in Skaria's contention that he was implicated in criminal cases at the instigation of …

Supreme Court Grants Bail To Vernon Gonsalves & Arun Ferreira In Bhima Koregaon Case
1 year, 5 months ago

Supreme Court Grants Bail To Vernon Gonsalves & Arun Ferreira In Bhima Koregaon Case

Live Law  

The Supreme Court on Friday granted bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities Act, 1967. This judgment was delivered by a bench of Justices Aniruddha Bose and Sudhanshu Dhulia that heard Gonsalves and Ferreira’s plea after the Bombay …

Delhi Court asks trial court to decide over bail plea of Delhi riots accused Shahrukh Pathan
1 year, 5 months ago

Delhi Court asks trial court to decide over bail plea of Delhi riots accused Shahrukh Pathan

Op India  

Shahrukh Pathan, who was captured during the 2020 anti-Hindu Delhi riots brandishing a gun at a Police constable, was directed by the Delhi High Court on Monday to submit a new bail application to the trial court. Pathan was asked to reapply for bail before the trial court by a single-judge bench of Justice Dinesh Kumar Sharma.“This court requests the …

HC grants bail to ex-model Divya Pahuja in Sandeep Gadoli fake encounter case
1 year, 6 months ago

HC grants bail to ex-model Divya Pahuja in Sandeep Gadoli fake encounter case

Hindustan Times  

Mumbai: The Bombay high court granted bail to Divya Pahuja, former model and prime accused in the murder of Gurgaon gangster Sandeep Gadoli, stating that she is languishing in custody for a substantial time of nearly seven years and there was no likelihood of trial in the case getting over in near future. The single judge bench of justice PD …

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court
1 year, 6 months ago

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court

Live Law  

The Kerala High Court recently dismissed the anticipatory bail application filed by a father accused of sexually abusing his minor daughter.A single bench of Justice Ziyad Rahman observed that as per Section 438 of the Criminal Procedure Code, there is a specific bar against entertaining an application for anticipatory bail where offences Section 376 or section 376AB or section 376DA. …

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court
1 year, 7 months ago

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court

Live Law  

The Kerala High Court recently held that a person who was granted interim bail after executing the bail bond cannot rely on the interim bail order to submit that the main bail application has become infructuous. The Court held that as a consequence of the main application being dismissed as not pressed, the interim order granting bail to the petitioner …

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
1 year, 7 months ago

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case

Live Law  

Granting bail to an accused in a POCSO case, the Jammu and Kashmir and Ladakh High Court has said that simply because the prosecutrix keeps herself away from appearing in court, the plea for bail cannot be deferred indefinitely. The accused was arrested in April 2020 and his first bail application was rejected by the trial court on the ground …

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC
1 year, 7 months ago

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC

News 18  

The High Court of Jammu & Kashmir and Ladakh recently ruled that a victim’s refusal to testify in court under Protection of Children from Sexual Offences Act was sufficient to grant bail to the accused. The Single Judge Bench of Justice Sanjay Dhar held, “Consideration of the bail petition could not be postponed indefinitely simply because the victim refused to …

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC
1 year, 7 months ago

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC

Live Law  

The Delhi High Court on Thursday observed that it is neither appropriate nor feasible for courts to draw any conclusion or return any finding at the stage of bail of an accused as to whether a promise of marriage made to a prosecutrix was false or in bad faith.Justice Anup Jairam Bhambhani added that such a a finding or decision …

Trial court can’t send foreign citizen to detention while granting bail: Delhi HC
1 year, 7 months ago

Trial court can’t send foreign citizen to detention while granting bail: Delhi HC

Hindustan Times  

A trial court cannot send a foreign citizen to a detention centre at the time of granting him bail as these facilities are not meant for judicial custody but for keeping foreign nationals on the basis of an executive order in terms of the Foreigners Act, 1946, the Delhi high court has said while granting relief to a Nigerian national …

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]
1 year, 8 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]

Live Law  

Q.1 The accused is charge sheeted by the police for an offence punishable under Section 326 IPC. The accused files an appeal before the Sessions Court under Section 374 Cr.P.C and obtains an order under Section 389 Cr.P.C suspending the sentence and releasing him on bail. The accused files an application before the Sessions Court for bail under Section 389 …

Delhi HC grants Sarath bail in liquor scam, BRS hopes rise
1 year, 8 months ago

Delhi HC grants Sarath bail in liquor scam, BRS hopes rise

Deccan Chronicle  

HYDERABAD: The Delhi High Court on Monday granted bail to “Aurobindo” P. Sarath Chandra Reddy, prime accused in the Delhi liquor scam, in a case filed by the Enforcement Directorate, a development that the BRS viewed positively with reference to party MLC K. Kavitha. Sarath Reddy, who is on interim bail, moved the designated court for extension of interim bail …

No Bail In Attempt To Murder Case On Settlement If Witnesses Support Prosecution Case: Kerala High Court
1 year, 8 months ago

No Bail In Attempt To Murder Case On Settlement If Witnesses Support Prosecution Case: Kerala High Court

Live Law  

The Kerala High Court recently held that mere settlement of an attempt to murder case between the parties by itself could not be a ground for granting bail to an accused. Merely because the injured persons submitted that they have settled the matter, that by itself is not a reason to grant bail to the accused in a crime involving …

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court
1 year, 8 months ago

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court

Live Law  

The Himachal Pradesh High Court has recently ruled that the court cannot deny bail based solely on the seriousness of the accusations and potential punishment and other factors, such as the allegations against the accused and available evidence, must be considered and balanced while deciding the application for bail. Observing that though, at this stage, the Court will not minutely …

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC
1 year, 9 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 …

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