Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
1 day, 18 hours ago

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement

Live Law  

Expressing “anguish and pain” over denial of bail to a man not even named by the minor victim in her statement, the Rajasthan High Court has sought explanation from a Special POCSO Judge for his decision. The bench of Justice Anil Kumar Upman opined that the increasing tendency of trial courts in rejecting bail petitions in a "casual and routine manner" even in appropriate cases was concerning and needed to stop as it not only increased agony of accused persons languishing in an overcrowded prison system of India but also increased burden on High Courts. Trial Courts functioning at the district level make up the very foundation of the Indian Judicial system which makes it even more important for the High Courts to not condone such practices of the Trial Courts.” The Court was hearing a bail application filed by the accused in a POCSO case and it was his argument that the bare perusal of the victim's statement made it clear that no allegations were levelled against him by the accused in her statement, neither was he even named in the same. “In my considered opining such a routine and causal approach should be deprecated particularly when Trial Court and High Court are exercising concurrent jurisdiction of bail under Section 439 Cr.P.C..” In this background, the Court allowed the bail application of the applicant and sought explanation from the POCSO Judge on why he did not consider the statement of the victim given under Section 164, CrPC.

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History of this topic

Police oppose bail pleas of Umar, Sharjeel and others in Delhi riots case
1 day, 11 hours ago

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

The Hindu  

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

Rajasthan HC Cancels Air Force Personnel's Anticipatory Bail Due To Misrepresentation, Hiding True Facts Like Grievous Injury Caused To Victim
1 week ago

Rajasthan HC Cancels Air Force Personnel's Anticipatory Bail Due To Misrepresentation, Hiding True Facts Like Grievous Injury Caused To Victim

Live Law  

The Jodhpur bench of the Rajasthan High Court cancelled the anticipatory bail of an Air Force personnel on the grounds that he allegedly misrepresented and hid material true facts when he argued his anticipatory bail which was eventually granted last year. Justice Farjand Ali observed that during the proceedings of anticipatory bail, the counsel appearing for the accused had only …

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders
1 week, 4 days ago

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

Live Law  

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

100 Important Supreme Court Judgments- Part 3 [51 to 75]
1 week, 6 days ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
2 weeks, 4 days ago

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

Live Law  

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". Such reluctance exacerbates the burden on High Courts, where …

Right To Be Forgotten: Punjab & Haryana HC To Decide If Accused Has 'Preferential Right' Over Society's Right To Know Involvement In Crime
2 weeks, 5 days ago

Right To Be Forgotten: Punjab & Haryana HC To Decide If Accused Has 'Preferential Right' Over Society's Right To Know Involvement In Crime

Live Law  

The Punjab & Haryana High Court will be deciding the legal question whether an accused or suspect has a preferential right to be forgotten over the right of the society to know about the involvement of any person in a criminal case. Justice Vinod S. Bhardwaj said, ".the legal issue that arises for consideration before this Court as to whether …

Hema Committee aftermath: Milords, shouldn't bail for celebs in this manner be avoided?
3 weeks, 1 day ago

Hema Committee aftermath: Milords, shouldn't bail for celebs in this manner be avoided?

New Indian Express  

Last week, a single-judge Bench of the Kerala High Court granted anticipatory bail to Malayalam filmmaker and actor Balachandra Menon in an alleged sexual assault case dating back to 2007. While granting anticipatory bail to Menon, Justice Kunhikrishnan noted that the complaint had been registered by the victim 17 years after the alleged incident and that such a delay tarnished …

Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
3 weeks, 1 day ago

Inappropriate For High Court To Seek Explanation From Judicial Officer By Judicial Order : Supreme Court

Live Law  

A higher court cannot seek an explanation from a judicial officer by a judicial order, stated the Supreme Court, while expugning the adverse remarks made by the Rajasthan High Court against a District & Sessions Judge.The explanation can be sought only on the administrative side, the Supreme Court stated. A higher court cannot seek an explanation from a judicial officer …

High Court Cannot Seek Explanation From Judicial Officer By Judicial Order : Supreme Court
3 weeks, 1 day ago

High Court Cannot Seek Explanation From Judicial Officer By Judicial Order : Supreme Court

Live Law  

A higher court cannot seek an explanation from a judicial officer by a judicial order, stated the Supreme Court, while expugning the adverse remarks made by the Rajasthan High Court against a District & Sessions Judge.The explanation can be sought only on the administrative side, the Supreme Court stated. A higher court cannot seek an explanation from a judicial officer …

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
3 weeks, 1 day ago

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

Live Law  

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

Supreme Court Issues Notice In Bail Plea Of Azam Khan & Son In Stolen Machine Case
3 weeks, 2 days ago

Supreme Court Issues Notice In Bail Plea Of Azam Khan & Son In Stolen Machine Case

Live Law  

The Supreme Court yesterday issued notices in Special Leave Petitions filed by Samajwadi Party leader Mohammad Azam Khan, former member of the Uttar Pradesh Legislative Assembly from Rampur and his son Mohammed Abdullah Azam Khan, former member of the Legislative Assembly from Suar constituency challenging January 29 order of the Allahabad High Court refusing to grant them bail in. The …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 weeks, 4 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 weeks, 4 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Failure to provide grounds of arrest will lead to bail? Supreme Court to examine
3 weeks, 6 days ago

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

India Today  

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

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

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

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

Live Law  

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

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

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
1 month, 1 week ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

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

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

Live Law  

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

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
1 month, 2 weeks ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl
1 month, 2 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, 2 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 …

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
1 month, 2 weeks ago

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA

Live Law  

The Supreme Court today granted anticipatory bail to Jagannath Temple Priest, Rajkumar Daitapati in relation to PMLA proceedings initiated against him for alleged offence of money laundering. The petitioner, stated to be a generational priest of the Shri Jagannath Temple, Puri, Orrisa has been arrayed in proceedings under S. 3 and 4 of the Prevention for Money Laundering Act 2002. …

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 …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
1 month, 3 weeks ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour
1 month, 3 weeks ago

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour

Live Law  

The Punjab and Haryana High Court has refused to grant pre-arrest bail to a mother who was accused of sexually abusing her 2 years old son with her alleged paramour, observing that the role of a mother is of care and nurturing the child and any deviation from this standard especially in a manner that harms one's own child, invites …

Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction
1 month, 3 weeks ago

Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction

Live Law  

The Karnataka High Court on Wednesday granted bail to 99 convicts in a decade old case of atrocity against members of the Scheduled Caste community at Marakumbi village. Therefore accused persons have made out grounds for grant of bail and case for suspension of sentence.” Accordingly, it granted bail and directed release of each of them on executing personal bond …

'Leaders Expected To Set Example' : Supreme Court Denies Anticipatory Bail To Odisha BJP MLA Accused Of Slapping Woman Police Officer
Trending News
1 month, 3 weeks ago

'Leaders Expected To Set Example' : Supreme Court Denies Anticipatory Bail To Odisha BJP MLA Accused Of Slapping Woman Police Officer

Live Law  

The Supreme Court today dismissed the anticipatory bail plea of Odisha BJP MLA and ex-Leader of Opposition Jayanarayan Mishra, accused of slapping a woman police officer during a protest in 2023. A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order, noting that grant of anticipatory bail to Mishra could prejudice the investigation. Notably, when Advocate Samapika Biswal, …

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession
1 month, 3 weeks ago

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

Live Law  

The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them. The court passed the order …

Lakhimpur Kheri Violence | Their Case Stands On Better Footing Than That Of Ashish Mishra: Allahabad HC Grants Bail To 12 Accused
1 month, 3 weeks ago

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

Live Law  

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

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail
1 month, 3 weeks 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 …

No Exclusive & Conscious Possession Of Contraband: Rajasthan High Court Grants Bail To Woman Who Only Accompanied NDPS Accused In Same Car
1 month, 4 weeks ago

No Exclusive & Conscious Possession Of Contraband: Rajasthan High Court Grants Bail To Woman Who Only Accompanied NDPS Accused In Same Car

Live Law  

Rajasthan High Court recently granted bail to a woman charged under the NDPS Act after she was found sitting with the primary accused in the car from which 77 Kg of contraband was recovered. The bench the of Justice Farjand Ali took into account the plea of the petitioner that she was not having exclusive and conscious possession of the …

Supreme Court Issues Notice In Plea Challenging Bail Granted To One Accused In Tailor Kanhaiya Lal Murder Case
1 month, 4 weeks ago

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

Live Law  

The Supreme Court on Monday issued notice in a plea challenging bail granted to Mohammed Javed, one of the accused in the 2022 beheading case of Udaipur tailor Kanhaiya Lal. The petition challenges the Rajasthan High Court's decision to grant bail to Javed in September 2024, based on the court's assessment that prima facie evidence did not suggest Javed's involvement …

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

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

Live Law  

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

Supreme Court rejects bail plea of former JD(S) MP Prajwal Revanna in rape and sexual assault case
Top News
1 month, 4 weeks 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 …

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

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

Live Law  

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

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
2 months, 2 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.

Karnataka HC rejects bail for UP man accused of cheating 15 people across India
3 months ago

Karnataka HC rejects bail for UP man accused of cheating 15 people across India

New Indian Express  

BENGALURU: The Karnataka High Court refused anticipatory bail to Anupkumar Chodhari, an accused from Uttar Pradesh who had allegedly cheated 15 persons from different states after receiving lakhs of rupees from them on the pretext of getting them inducted as members of the Railway Board. Under these circumstances, though in law the present petition filed under Section 438 of CrPC …

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order
3 months, 1 week ago

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order

Live Law  

While overturning a decision acquitting a man accused of murdering his first wife, the Rajasthan High Court observed that the trial court in its 1992 order had ignored the testimonies of the eyewitnesses due to minor contradictions as well as corroborative evidence, which was a patent error in law. The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri …

Rajasthan High Court Grants Bail To Husband Noting That His Extra-Marital Affair Would 'Per Se' Not Attract Abetment Of Wife's Suicide
3 months, 2 weeks ago

Rajasthan High Court Grants Bail To Husband Noting That His Extra-Marital Affair Would 'Per Se' Not Attract Abetment Of Wife's Suicide

Live Law  

Extra-marital relationship, per se or as such, would not come within the ambit of abetment. To explicate, solely because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife, that cannot be regarded as abetment for satisfying the ingredients of Section 306 IPC. After considering the facts of the case, a single …

Karnataka HC reserves order on Prajwal’s bail pleas
3 months, 2 weeks ago

Karnataka HC reserves order on Prajwal’s bail pleas

New Indian Express  

BENGALURU: The Karnataka High Court on Thursday reserved order on three bail petitions filed by former Hassan MP Prajwal Revanna, who is facing sexual harassment and rape charges. Prajwal filed the petitions seeking anticipatory bail in two cases and regular bail in the third case. Prajwal approached the high court for bail in the case registered with the Holenarasipura police …

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
3 months, 3 weeks ago

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas …

High Courts should not sit on bail pleas: Supreme Court
3 months, 3 weeks ago

High Courts should not sit on bail pleas: Supreme Court

The Hindu  

The Supreme Court on Friday held that a High Court must either relegate bail pleas to the trial court concerned then and there or promptly hear them on merits as the right to personal liberty was at stake. The top court was addressing the argument by the Central Bureau of Investigation that Mr. Kejriwal’s bail application must be sent back …

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

Tailor Kanhaiya Lal Murder Case: Rajasthan High Court Grants Bail To Mohammad Javed, Accused Of Doing Recce
4 months ago

Tailor Kanhaiya Lal Murder Case: Rajasthan High Court Grants Bail To Mohammad Javed, Accused Of Doing Recce

Live Law  

Rajasthan High Court granted bail to one of the accused, Mohammed Javed, in the tailor Kanhaiyalal murder case that took place in 2022, on the grounds that the prosecution was not able to present any evidence to show that the appellant conspired with the primary accused. The counsels for the appellant argued that the allegations against the appellant, whose shop …

Supreme Court reserves order on Kejriwal’s bail plea in CBI case
4 months ago

Supreme Court reserves order on Kejriwal’s bail plea in CBI case

Hindustan Times  

The Supreme Court on Thursday reserved its verdict on Delhi chief minister Arvind Kejriwal’s petition challenging his arrest in connection with the now scrapped excise policy, observing that its judgment would be carefully framed to obviate demoralising subordinate judiciary while contributing to the evolution of criminal law. “Snakes and ladders” with bail The day-long hearing on Thursday witnessed intense exchanges …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
4 months ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

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