Undertrial Prisoners Charged With Riot Cases, UAPA, PMLA, Etc. Not Entitled To Interim Bail Under HPC Guidelines: Chhattisgarh High Court
3 years, 8 months ago

Undertrial Prisoners Charged With Riot Cases, UAPA, PMLA, Etc. Not Entitled To Interim Bail Under HPC Guidelines: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has observed that the undertrial prisoners who are facing trial for offences investigated by specialized agencies, cases involving riots, anti-national activities, UAPA etc., are not entitled for release under the High Powered Committee Guidelines. Relying on the relevant portions of the guidelines, Justice Narendra Kumar Vyas observed thus: "The under trial prisoners, who are facing trial under Prevention of Corruption Act/ Prevention of Money Laundering Act, 2002 and cases investigate by CBI/ED/NIA/ Special Cell, Crime Branch, SFIO, Terror related cases, Riot cases, under Anti-National Activities and Unlawful Activities Act etc., are not entitled to be released." The Court was hearing a petition challenging the lower court's order dated 22nd May 2021 rejecting the Petitioners' plea for interim bail as per the guidelines issued by the Supreme Court in Suo Motu Petition No. Observing that there is a possibility of the petitioners defeating or delaying the course of justice or tampering with the evidences, the Court held that they were not entitled to get the benefit of Supreme Court's order and the HPC guidelines.

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History of this topic

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
1 week, 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 Interim Bail 'On Trial Basis' To Ex-Civil Servants In Chhattisgarh Coal Levy Scam Case
2 weeks, 2 days ago

Supreme Court Grants Interim Bail 'On Trial Basis' To Ex-Civil Servants In Chhattisgarh Coal Levy Scam Case

Live Law  

The Supreme Court today granted interim bail to ex-civil servants Saumya Chaurasia, Ranu Sahu and other accused persons in the Chhattisgarh Coal Levy Scam Case. The bench of Justice Surya Kant and Justice NK Singh was hearing the challenge to the order of the Chhattisgarh High Court dated November 4, 2024, which dismissed the bail applications of the petitioners. "The …

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police
2 weeks, 5 days 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
2 weeks, 6 days 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
3 weeks 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 …

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail
Trending News
1 month, 3 weeks ago

Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail

The Hindu  

The Supreme Court on Tuesday asked Delhi Police to respond to a plea filed by former Councillor and Delhi riots accused Tahir Hussain, who has sought interim bail to campaign for the upcoming Delhi Assembly polls. Senior advocate Siddharth Aggarwal, appearing for Mr. Hussain, submitted the former Councillor was in custody for over four years and inciting a mob during …

'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 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 …

Delhi HC denies anticipatory bail to ex- IAS trainee Puja Khedkar
2 months, 3 weeks ago

Delhi HC denies anticipatory bail to ex- IAS trainee Puja Khedkar

New Indian Express  

NEW DELHI: The Delhi High Court on Monday refused to grant anticipatory bail to former IAS probationer Puja Khedkar who has been accused of cheating and wrongly availing of OBC and disability quota benefits in the civil services examination. Ruling that a strong prima facie case was made out against Khedkar, Justice Chandra Dhari Singh said investigation was required to …

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

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

Andhra Pradesh High Court grants bail to main accused in Kadambari Jethwani’s ‘illegal arrest’ case
3 months, 1 week ago

Andhra Pradesh High Court grants bail to main accused in Kadambari Jethwani’s ‘illegal arrest’ case

The Hindu  

The Andhra Pradesh High Court on Monday granted bail to Kukkala Vidyasagar, accused of getting a false case registered against actor Kadambari Jethwani on charges of forgery and extortion earlier this year with the help of a few police officers. 1 in the First Information Report registered by the Vijayawada City Police on the basis of a complaint registered by …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
4 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.

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
6 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA
7 months, 1 week 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 …

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea
7 months, 1 week ago

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea

Live Law  

The Delhi High Court on Monday granted interim protection from arrest till August 21 to former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022.Justice Subramonium Prasad issued notice on Khedkar's anticipatory bail plea and sought response of Delhi. The Delhi High Court on …

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
8 months, 2 weeks ago

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

Live Law  

The Chattisgarh High Court has allowed a bail application upon observing that the right to expeditious trial is a fundamental right. The Court noted that under Section 193 of BNSS, it is the duty of the Investigating Officer to provide a police report and other documents to the accused, with the documents being indexed to the Magistrate as required under …

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

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court
11 months, 3 weeks ago

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court made it clear that the twin condition under Section 45 of the Prevention of Money Laundering Act, is not required to be complied with when the Court has ordered release in police custody.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if twin …

Undertrials/Convicts Have A Right To Get Adequate Medical Treatment: Allahabad HC Grants Interim Bail To MP Atul Rai On Medical Grounds
1 year, 1 month ago

Undertrials/Convicts Have A Right To Get Adequate Medical Treatment: Allahabad HC Grants Interim Bail To MP Atul Rai On Medical Grounds

Live Law  

The Allahabad High Court on Monday granted interim bail to Ghosi MP Atul Rai on medical grounds until March 22 noting that he is suffering from a “life-threatening” ailment and hence, needs immediate redressal. Perusing a supplementary affidavit along with the letter of the Director, SGPGI and report of the Medical Board constituted under the orders of the HC, the …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
1 year, 1 month ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year, 3 months ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law  

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

Mere Membership Of A Banned Organization Doesn't Justify Bail Rejection When Trial Is Anticipated To Prolong: Patna HC
1 year, 3 months ago

Mere Membership Of A Banned Organization Doesn't Justify Bail Rejection When Trial Is Anticipated To Prolong: Patna HC

Live Law  

In a recent ruling, the Patna High Court has said that mere membership in a banned organization shouldn't be reason enough to deny bail, particularly when the trial is anticipated to be prolonged. The division bench of Justices Ashutosh Kumar and Alok Kumar Pandey said, “Merely being a member of a banned organization, would not justify rejection of bail when …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year, 3 months ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

Coal Levy Scam Case| ‘Involved In Extortion Racket, Managed Illegal Cash’: Chhattisgarh HC Denies Pre-Arrest Bail To Alleged Kingpin’s Brother
1 year, 4 months ago

Coal Levy Scam Case| ‘Involved In Extortion Racket, Managed Illegal Cash’: Chhattisgarh HC Denies Pre-Arrest Bail To Alleged Kingpin’s Brother

Live Law  

The Chhattisgarh High Court last week refused bail to the alleged kingpin of the state coal levy scam Suryakant Tiwari’s brother Rajnikant Tiwari in the money laundering case, The bench of Justice Narendra Kumar Vyas noted that he knowingly and actively participated in the extortion racket and acted as the accountant who managed the illegal cash. Seeking anticipatory bail in …

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

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

The Hindu  

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

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court
1 year, 9 months ago

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court

Live Law  

The Delhi High Court has ruled that the discretion of an applicant to choose either High Court or trial court for moving anticipatory bail plea cannot be restricted by construing section 438 of CrPC narrowly. Analyzing the provision, a vacation bench of Justice Chandra Dhari Singh said that there is no bar on approaching the High Court directly for seeking …

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

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

Live Law  

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

FIR Over Comment Against PM : Supreme Court Extends Interim Bail To Congress Spokesperson Pawan Khera Till March 3
2 years ago

FIR Over Comment Against PM : Supreme Court Extends Interim Bail To Congress Spokesperson Pawan Khera Till March 3

Live Law  

The Supreme Court on Monday extended the interim bail granted to Congress Spokesperson Pawan Khera who was arrested by Assam police from Delhi airport over his comment about Prime Minister Narendra Modi till 3rd March 2023. On February 23, the Court had allowed him interim bail had been granted till 28th February 2023. Earlier, the Court had granted him interim …

Manipur High Court Grant Bail To Man Accused Of Murdering Two Women, Unborn Child; Says Prolonged Detention Of Under-Trials Violation Of Article 21
2 years, 1 month ago

Manipur High Court Grant Bail To Man Accused Of Murdering Two Women, Unborn Child; Says Prolonged Detention Of Under-Trials Violation Of Article 21

Live Law  

The Manipur High Court has granted bail to a person alleged to have committed murder of two women and an unborn child in 2017. "Though so far 10-11 prosecution side witnesses were examined, still the prosecution has to examine 12-13 more witnesses which will take long years and the prosecution is not co-operating with the trial Court for speedy disposal …

Lakhimpur Kheri Violence: Allahabad HC Grants Interim Bail To 8 Accused In View Of SC's Order Granting 8 Weeks Bail To Ashish Mishra
2 years, 1 month ago

Lakhimpur Kheri Violence: Allahabad HC Grants Interim Bail To 8 Accused In View Of SC's Order Granting 8 Weeks Bail To Ashish Mishra

Live Law  

The Allahabad High Court on Tuesday granted interim bail to 8 accused in connection with the Lakhimpur Kheri Violence case till March 20 on the ground of parity with the co-accused Ashish Mishra. The bench of Justice Rajesh Singh Chauhan passed this order on the application moved by 8 accused namely, Nandan Singh Bisht, Ankit Das, Latif alias Kale, Satyam …

SC Grants Anticipatory Bail To Directors Of M/s Prime Ispat Ltd. Raipur, Chhattisgarh
2 years, 1 month ago

SC Grants Anticipatory Bail To Directors Of M/s Prime Ispat Ltd. Raipur, Chhattisgarh

Live Law  

Supreme Court has granted Anticipatory Bail to Pawan Kumar Agrawal and Ashok Agrawal, Directors of M/s Prime Ispat Ltd., Raipur, Chhattisgarh in the alleged offence under the Prevention of Money Laundering Act, 2002. Shah and HMJ Sudhanshu Dhulia set aside the order passed by the High Court of Chhattisgarh whereby the application for Anticipatory Bail of the Petitioners was dismissed …

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court
2 years, 2 months ago

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court

Live Law  

The Allahabad High Court has reiterated that a person against whom a warrant has been issued and, is absconding or concealing himself in order to avoid execution of warrants and proceedings under Section 82 of the Code have been initiated against him, is not entitled to the relief of anticipatory bail. To reach to this conclusion, the Court relied upon …

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC
2 years, 3 months ago

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates
2 years, 6 months ago

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates

Live Law  

The Gujarat High Court has reiterated that where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine, Police officers must not arrest accused unnecessarily and Magistrate must not authorise detention casually and mechanically. The Bench comprising Justice AC Joshi refused to …

Isolation Wards Required In Jails To Avoid Interim Bail In Serious Offences When Accused Infected With Contagious Disease: Delhi HC To IG Prisons
2 years, 6 months ago

Isolation Wards Required In Jails To Avoid Interim Bail In Serious Offences When Accused Infected With Contagious Disease: Delhi HC To IG Prisons

Live Law  

The Delhi High Court has directed Inspector General to ensure that isolation medical wards or quarantine zones are created in all city jails so that there is no compelling need to release inmates repeatedly on interim bail, who are facing trial for serious offences and are suffering from contagious disease.The direction was passed by Justice Asha Menon while granting interim …

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court
2 years, 6 months ago

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court

Live Law  

Punjab and Haryana High Court has reiterated that in terms of Section 437 of CrPC, bail ought to be granted where the trial in a case triable by Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence. The observation was made by Justice Jasjit Singh Bedi while dealing with a …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 7 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

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

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

Live Law  

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

Can't Grant Anticipatory Bail For Case Registered Outside Court's Territorial Limits: J&K&L High Court
2 years, 9 months ago

Can't Grant Anticipatory Bail For Case Registered Outside Court's Territorial Limits: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court, while hearing a plea seeking anticipatory bail under section 438 CrPC, has ruled that it has no jurisdiction to grant anticipatory bail to a person against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code. It further follows …

Anticipatory Bail Application Maintainable Even If Accused Is Outside The Country : Kerala High Court
2 years, 9 months ago

Anticipatory Bail Application Maintainable Even If Accused Is Outside The Country : Kerala High Court

Live Law  

The Kerala High Court on Tuesday while granting interim anticipatory bail to actor Vijay Babu in a rape case observed that the accused being abroad does not disentitle him from having his anticipatory bail application considered. Justice Bechu Kurian Thomas however clarified that this observation was made only for considering the grant of interim protection from arrest. "I am of …

HC allows Sharjeel to approach trial court for bail
2 years, 9 months ago

HC allows Sharjeel to approach trial court for bail

The Hindu  

The Delhi High Court on Thursday allowed JNU student Sharjeel Imam to approach a trial court to seek interim bail on account of an order by the Supreme Court to keep in abeyance all sedition proceedings in the country. On Thursday, the High Court allowed Mr. Imam to withdraw his application seeking interim bail from the High Court after Special …

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

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

News 18  

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

Mere Association With Terrorist Organisation Not Offence Under UAPA: Chhattisgarh HC Grants Bail For Alleged Payment Of Extortion Money To Banned Outfit
2 years, 10 months ago

Mere Association With Terrorist Organisation Not Offence Under UAPA: Chhattisgarh HC Grants Bail For Alleged Payment Of Extortion Money To Banned Outfit

Live Law  

However, referring to Sudesh Kedia v. Union of India, the Bench observed that payment of extortion money to a banned/terror organization does not amount to terror funding and even if the charge­sheet is taken as whole along with other material on record that the appellants were paying the extortion amounts for letting them work smoothly in the said area. Granting …

'Accused Are Ladies, Incarcerated For 8 Months': Punjab & Haryana High Court Grants Bail To Three Allegedly Involved In ₹31 Crore GST Fraud
2 years, 11 months ago

'Accused Are Ladies, Incarcerated For 8 Months': Punjab & Haryana High Court Grants Bail To Three Allegedly Involved In ₹31 Crore GST Fraud

Live Law  

The Punjab and Haryana High Court recently granted bail to three women allegedly involved in a case of siphoning off approximately Rs. The Petitioners had sought regular bail in proceedings initiated by Superintendent CGST, Commissionerate Ludhiana u/s 132 of the Central Goods and Services Tax Act, 2017 read with Section 20 of the Integrated Goods and Services Tax Act, 2017. …

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