UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
3 months, 2 weeks ago

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

Live Law  

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities, 1967 on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of Justices Vikram Nath and PB Varale observed that although the High Court was right in holding that the order for extension was passed by a Court which was not jurisdictionally competent, however, since the application for default bail was preferred 4 months after the chargesheet was filed, no such right sustained. Therefore, the High Court had wrongly granted such benefit to the accused-Respondents by blatantly ignoring the fact of presentation of chargesheet being much prior in time to the application for default bail." However, the Court stated that default bail application under Section 167 of CrPC read with Section 43D of UAPA is preferred at the stage before a chargesheet is filed.

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History of this topic

Practise Of Keeping Default Bail Applications Pending Till Chargesheet Is Filed Must Be Strongly Discouraged: Calcutta High Court
1 week, 1 day ago

Practise Of Keeping Default Bail Applications Pending Till Chargesheet Is Filed Must Be Strongly Discouraged: Calcutta High Court

Live Law  

The Calcutta High Court has held that the practice of keeping applications for "default bail" pending by trial courts till a chargesheet is submitted by investigating agencies must be strongly discouraged.A division bench Justices Arijit Banerjee and Apurba Sinha Ray held: ".Some courts keep the application for “default bail” pending for some days so that in the meantime a charge-sheet. …

UAPA: All India Annual Digest 2024
1 week, 3 days ago

UAPA: All India Annual Digest 2024

Live Law  

Bail under UAPA, 1967 – Applicability of Section 43-D – Principles and Constitutional Considerations – Long Incarceration and Delay in Trial - Prima Facie Assessment - Fundamental Rights and Speedy Trial - Precedence of Constitutional Rights - The Supreme Court reiterated the principles governing the grant of bail under Section 43-D of the Unlawful Activities Act, 1967, emphasizing Courts must …

Trial Courts Must Be Cautious While Granting Permission To IO For Invoking Charges On Organised Crime U/S 111 BNS Against Accused: Karnataka HC
2 weeks ago

Trial Courts Must Be Cautious While Granting Permission To IO For Invoking Charges On Organised Crime U/S 111 BNS Against Accused: Karnataka HC

Live Law  

The Karnataka High Court has said that trial courts are required to be more cautious while permitting the Investigation Officer to invoke the offence punishable under Section 111 of Bhartiya Nyaya Sanhita 2023. The application/requisition of the Investigation Officer seeking permission of the Court to invoke Section 111 of BNS, 2023, shall be accompanied with necessary documents/materials which would prima-facie …

Supreme Court Rejects Bail Plea Of Former Gujarat IAS Officer Pradeep Sharma In 2023 Illegal Land Allotment Case
2 weeks, 2 days ago

Supreme Court Rejects Bail Plea Of Former Gujarat IAS Officer Pradeep Sharma In 2023 Illegal Land Allotment Case

Live Law  

The Supreme Court today rejected bail to retired IAS officer Pradeep Nirankarnath Sharma in connection to a 2023 illegal land allotment case lodged at Bhuj in Kutch. The FIR against him was lodged in 2023 under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR registered with the CID Crime Boarder Zone …

Once Chargesheet Is Filed, Ticking Of Clock With Regard To Statutory Bail Automatically Stops: Karnataka High Court
2 weeks, 6 days ago

Once Chargesheet Is Filed, Ticking Of Clock With Regard To Statutory Bail Automatically Stops: Karnataka High Court

Live Law  

While denying regular bail to a rape accused, the Karnataka High Court observed that once the chargesheet is filed within the stipulated time of 60 days from the date of the complaint, the right to seek the statutory bail extinguishes. "It is needless to emphasise that once the charge sheet is filed ticking of the clock with regarding to statutory …

UAPA: Delhi High Court Denies Bail To Accused Naval Kishore Kapoor, Says Terror Funding Wreaked Havoc In Kashmir
2 weeks, 6 days ago

UAPA: Delhi High Court Denies Bail To Accused Naval Kishore Kapoor, Says Terror Funding Wreaked Havoc In Kashmir

Live Law  

The Delhi High Court yesterday denied bail to accused Naval Kishore Kapoor in a terror funding case registered by National Investigation Agency under UAPA.A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur dismissed Kapoor's appeal challenging a trial court order denying him bail on August 19, 2019. The Delhi High Court yesterday denied bail to accused Naval Kishore …

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

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

Live Law  

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

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police
1 month ago

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police

Live Law  

The Supreme Court on Friday deprecated the conduct of Chattisgarh police in applying the stringent provisions of the Unlawful Activities Prevention Act against an accused soon after he was granted interim protection from arrest in another case. The Court noted in its order that after service of notice of the present case, the SDPO of the police station suddenly applied …

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

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

Live Law  

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

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

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

New Indian Express  

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

'Exceptional Case': High Court Upholds Trial Court Order Recalling Pre-Arrest Bail Cancellation Despite Lack Of Inherent Power Of Review/ Recall
1 month, 1 week ago

'Exceptional Case': High Court Upholds Trial Court Order Recalling Pre-Arrest Bail Cancellation Despite Lack Of Inherent Power Of Review/ Recall

Live Law  

Calling it an "exceptional situation", the Punjab & Haryana High Court upheld a trial court order, recalling its bail cancellation order passed on the basis of false statement that the accused failed to join investigation as the particular day was a public holiday.Justice Manjari Nehru Kaul said, "This Court finds no illegality or perversity in the impugned order granting anticipatory …

Delhi HC seeks SC clarification on court jurisdiction for Engineer Rashid’s bail plea
Trending News
1 month, 4 weeks ago

Delhi HC seeks SC clarification on court jurisdiction for Engineer Rashid’s bail plea

New Indian Express  

NEW DELHI: The Delhi High Court has approached the Supreme Court seeking clarification regarding the appropriate trial court to hear the bail plea of Baramulla MP Engineer Rashid, currently imprisoned in a terror funding case under the Unlawful Activities Act. The issue arose after the special NIA court, which had reserved its order on Rashid’s bail plea, later transferred the …

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 …

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman
2 months ago

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman

Live Law  

The Allahabad High Court today refused the anticipatory bail plea filed by Congress's Member of Parliament from Sitapur Lok Sabha constituency, Rakesh Rathore, in connection with an FIR against him over allegations of sexually exploiting a 35-year-old woman.However, a bench of Justice Rajesh Singh Chauhan disposed of his plea at the admission stage, giving him the liberty. The Allahabad High …

Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Seeking Expeditious Decision On Bail Plea In UAPA Case
2 months, 1 week ago

Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Seeking Expeditious Decision On Bail Plea In UAPA Case

Live Law  

Jammu and Kashmir MP Rashid Engineer on Wednesday moved the Delhi High Court seeking expeditious ruling by the trial court on his second regular bail plea in connection with a terror funding case. Rashid has sought directions to the trial court judge to expedite a decision on his pending regular bail application. The development ensued after the ASJ, which was …

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
2 months, 1 week ago

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the rights of an accused enshrined under Article 21 of the Constitution of India prevail over the restrictions on grant of bail mentioned under Section 37 of the Narcotic Drugs And Psychotropic Substances Act, 1985. “I am of the view that the restrictions given under section 37 of NDPS Act cannot take precedence …

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
Trending News
2 months, 2 weeks 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 …

Supreme Court Dismisses Plea To Give Preference To Default Bail Application Filed On Same Day As Application To Extend Time For Investigation
2 months, 3 weeks ago

Supreme Court Dismisses Plea To Give Preference To Default Bail Application Filed On Same Day As Application To Extend Time For Investigation

Live Law  

The Supreme Court on January 8) dismissed a Special Leave Petition, wherein the accused person had challenged the order of the Karnataka High Court denying him statutory bail under the Unlawful Activities Act, 1967. By the said order, the High Court affirmed the trial court's deciison to give precedence to the investigation agency's application for extension of time to investigate …

S.43D(2)(b) UAPA | Slow Progress In Initial 90 Days Bars Extension Of Investigation Period, Accused Entitled To Default Bail: Uttarakhand HC
2 months, 3 weeks ago

S.43D(2)(b) UAPA | Slow Progress In Initial 90 Days Bars Extension Of Investigation Period, Accused Entitled To Default Bail: Uttarakhand HC

Live Law  

The Uttarakhand High Court on Wednesday granted default bail to two UAPA accused, for their alleged involvement in the violence and resistance during a demolition drive in Banbhoolpura, Nainital. The Court noted that failure of the investigative agency to record substantial progress in the initial 90 days of investigation wouldn't entitle the investigating agency to seek an extension of accused …

Absconding accused entitled to default bail, says HC
3 months, 1 week 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 …

'Allegations Not Prima Facie Correct, Long Pre-Trial Custody' : Supreme Court Grants Bail To UAPA Accused In Case Over PFI-Links
3 months, 2 weeks ago

'Allegations Not Prima Facie Correct, Long Pre-Trial Custody' : Supreme Court Grants Bail To UAPA Accused In Case Over PFI-Links

Live Law  

On Tuesday, the Supreme Court granted bail to an accused booked for alleged involvement with the Popular Front of India in causing disturbance during the Prime Minister's proposed visit to Patna in 2022. The Court reiterated that prolonged incarceration of the accused in draconian statutes like the Unlawful Assemblies Act, 1967 would make him eligible for a grant of bail …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
3 months, 2 weeks 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 …

Kolkata Court Grants Bail To Ex-RG Kar Principal, Police Officer Abhijit Mondal Due To CBI's Failure To File Chargesheet In Timely Manner
3 months, 2 weeks ago

Kolkata Court Grants Bail To Ex-RG Kar Principal, Police Officer Abhijit Mondal Due To CBI's Failure To File Chargesheet In Timely Manner

Live Law  

In a new development related to the brutal rape and murder of a trainee doctor at Kolkata's RG Kar medical college and hospital, the Additional Chief Judicial Magistrate, Sealdah, has granted bail to former principal of the college Sandip Ghosh, and former OC of the jurisidictional police station Abhijit Mondal, who were arrested for conspiring to cover-up the incident.The ACJM …

Kolkata Court Grants Bail To Ex-RG Kar Principal, Police Officer Abhijit Mondal Due To CBI's Failure To File Chargesheet In Timely Manner
3 months, 2 weeks ago

Kolkata Court Grants Bail To Ex-RG Kar Principal, Police Officer Abhijit Mondal Due To CBI's Failure To File Chargesheet In Timely Manner

Live Law  

In a new development related to the brutal rape and murder of a trainee doctor at Kolkata's RG Kar medical college and hospital, the Additional Chief Judicial Magistrate, Sealdah, has granted bail to former principal of the college Sandip Ghosh, and former OC of the jurisidictional police station Abhijit Mondal, who were arrested for conspiring to cover-up the incident.The ACJM …

RG Kar Rape-Murder: Bail Granted To Sandip Ghosh, Abhijit Mondal As Chargesheet ‘Not Filed Within 90 Days’
Top News
3 months, 2 weeks ago

RG Kar Rape-Murder: Bail Granted To Sandip Ghosh, Abhijit Mondal As Chargesheet ‘Not Filed Within 90 Days’

ABP News  

A Sealdah court on Friday granted bail to former officer-in-charge of Tala police station, Abhijit Mondal, and Sandip Ghosh, the former principal of RG Kar hospital, in connection with the rape and murder of an on-duty doctor at the state-run medical facility. The Additional Chief Judicial Magistrate granted bail to Mondal and Ghosh after the chargesheet against them was not …

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC
3 months, 4 weeks ago

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC

Live Law  

The Madras High Court recently observed that when an application for extension was filed by the prosecution, the presence of the accused was ensured only to inform him about the application and consider the objections, if any. Justice Sunder Mohan emphasized that while considering the application for extension, the court was only required to consider whether the report of the …

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

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

Live Law  

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

Will Ask PMLA Accused Seeking Bail On Ground Of Delay In Trial To File Undertaking Against Seeking Adjournments: Supreme Court
4 months ago

Will Ask PMLA Accused Seeking Bail On Ground Of Delay In Trial To File Undertaking Against Seeking Adjournments: Supreme Court

Live Law  

The Supreme Court on Wednesday expressed that it will require persons accused of money laundering to file undertaking that they will not seek adjournments and delay trial before granting bail on the ground that trial is delayed. A bench of Justice Abhay Oka and Justice Augustine George Masih directed Zeeshan Haider, an accused in the Delhi Waqf Board money laundering …

UAPA | Supreme Court Refuses To Cancel Bail Of Man Booked Over Alleged ISIS Links, Expunges Madras HC's Remarks
4 months ago

UAPA | Supreme Court Refuses To Cancel Bail Of Man Booked Over Alleged ISIS Links, Expunges Madras HC's Remarks

Live Law  

The Supreme Court recently refused to cancel the bail granted to one Asif Musthaheen, booked over alleged ISIS links, Al-Qaeda ideology and plans to kill members of Hindu organisations.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order. The Supreme Court recently refused to cancel the bail granted to one Asif Musthaheen, booked over alleged ISIS links, Al-Qaeda …

'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 …

Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court
4 months, 2 weeks ago

Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court

Live Law  

The Gauhati High Court on Monday held that all pre-arrest bail, regular bail, and criminal petitions filed after July 01, 2024 in respect of FIR registered prior to July 01, 2024 i.e. The division bench comprising the Chief Justice Vijay Bishnoi and Justice Devashis Baruah was hearing a reference by a Single Judge bench of Gauhati High Court on the …

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet
4 months, 3 weeks ago

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet

Hindustan Times  

MUMBAI: Observing that the Central Bureau of Investigation failed to file a chargesheet within 60 days after arresting the accused, a special CBI court on Tuesday granted default bail to Central Goods and Services Tax superintendent Sachin Gokulka and two other co-accused, arrested by the agency earlier for allegedly threatening and demanding a bribe of ₹60 lakh from a Malad-based …

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
4 months, 3 weeks ago

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

Live Law  

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

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

High Court Allows Bail Despite Lack of Forensic Report in NDPS Case
5 months, 1 week ago

High Court Allows Bail Despite Lack of Forensic Report in NDPS Case

Live Law  

The Calcutta High Court has allowed the application for default bail in an NDPS matter to proceed despite the fact that the chargesheet was filed without a forensic report within the 180-day limit stipulated by the law. The court held that the petitioner became entitled to statutory bail upon expiry of the 180-day period, as the charge sheet was filed …

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, …

UAPA no exception to the rule on bail
7 months, 2 weeks ago

UAPA no exception to the rule on bail

Hindustan Times  

Time and again, the Supreme Court has pronounced that bail is the rule and jail the exception. The fact is that the UAPA, which was meant to be an anti-terror law, has been crafted in such a way that conditions that ordinarily merit grant of bail do not suffice. In February this year, the SC, in another matter where it …

‘Bail is rule and jail is exception’: Supreme Court says the principle applies to UAPA cases also
7 months, 2 weeks ago

‘Bail is rule and jail is exception’: Supreme Court says the principle applies to UAPA cases also

Hindustan Times  

The Supreme Court on Tuesday, while granting bail to a man accused of harbouring suspected terrorists said that the legal principle “bail is the rule and jail is an exception” applies even to offences under special statutes like the Unlawful Activities Act. The Supreme Court said that even in cases with stringent bail conditions, the principle remains the same that …

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA
7 months, 2 weeks ago

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA

India Today  

In a significant decision, the Supreme Court on Tuesday extended the “bail is the rule, jail is the exception” dictum to special laws like the Unlawful Activities Act. A bench of Justices AS Oka and Augustine George Masih said, “Allegations may be serious, but if courts deny bail in deserving cases, then it violates fundamental rights.” “When the case is …

Allahabad HC relief to SP MLA in 2021 criminal case
7 months, 3 weeks ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

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

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court
7 months, 3 weeks ago

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court

Live Law  

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court recently observed that in cases where there has been a delay in trial and the accused has spent a long period in custody, right to bail shall be read into Section 439 CrPC and Section 45 of …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
8 months ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

Bombay High Court grants default bail to 2 PFI members
8 months, 2 weeks ago

Bombay High Court grants default bail to 2 PFI members

The Hindu  

A division bench of judges comprising, Justice Revati Mohite-Dere and Justice Gauri Godse of the Bombay High Court granted a default bail to Momin Moiuddin Gulam Hasan alias Moin Mistri and Asif Aminul Hussain Khan Adhikari who were accused of being the Popular Front of India members. On September 22, 2022, five men: Mazhar Mansoor Khan, Shaikh Sadik Isak Qureshi, …

Kavitha seeks ‘default bail’ in CBI case
8 months, 3 weeks ago

Kavitha seeks ‘default bail’ in CBI case

New Indian Express  

NEW DELHI: BRS leader K Kavitha on Monday submitted a default bail application before the Rouse Avenue Court contending that the Central Bureau of Investigation failed to file a complete chargesheet within the mandated 60-day investigation period in the Delhi excise policy-linked corruption case. Special Judge Kaveri Baweja has directed the central agency to file its response to the plea, …

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns
8 months, 3 weeks ago

Supreme Court Grants Bail in UAPA Case After 4-Year Wait, Spotlights Prolonged Undertrial Detention, But Inconsistent Application Raises Concerns

The Hindu  

Published : Jul 06, 2024 14:21 IST - 8 MINS READ On bail matters, especially in cases under the draconian Unlawful Activities Act, 1967, the Supreme Court and the High Courts have been, of late, liberal in interpreting the law in favour of the accused. The two-judge bench of the Supreme Court, comprising Justices J.B. Pardiwala and Ujjal Bhuyan on …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
8 months, 4 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 …

Why was Sharjeel Imam granted ‘statutory bail’ in a 2020 sedition case? | Explained
10 months ago

Why was Sharjeel Imam granted ‘statutory bail’ in a 2020 sedition case? | Explained

The Hindu  

The Delhi High Court on May 20 granted statutory bail to JNU scholar and student activist Sharjeel Imam in connection with a 2020 communal riots case involving allegations of sedition. Warning judicial officers that they would be taken off work and sent for training if such continued non-compliance is observed, the Court said, “If such orders are being passed by …

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence
10 months, 2 weeks ago

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence

Live Law  

The Supreme Court on Friday granted interim bail to a man who was arrested by the Enforcement Directorate after noting that there is no scheduled offence as per the Prevention of Money Laundering Act, 2002 against him in the chargesheet filed in the predicate case.The Court noted that the proceedings under the PMLA can be initiated only if offences mentioned …

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA
10 months, 2 weeks ago

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA

Live Law  

The Allahabad High Court on Tuesday granted 'default bail' to 11 alleged operatives of AQIS and JMB under Section 167 CrPC while holding the Special Court's orders extending the time to complete the investigation vis-a-vis the accused in the case as 'illegal', as the same was passed in their absence. Stressing the special court's duty to hear the accused persons …

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