S.437 CrPC Does Not Give Absolute Right To Bail To A Lady Accused In Multiple FIRs For Duping ₹167 Crores: Punjab & Haryana High Court
2 years, 10 months ago

S.437 CrPC Does Not Give Absolute Right To Bail To A Lady Accused In Multiple FIRs For Duping ₹167 Crores: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a case where the petitioners conspired and duped several victims of an amount of Rs. The bench comprising Justice Arvind Singh Sangwan further noted that the petitioners are not entitled to get bail under provisions of Section 437 Cr. The arguments raised by learned counsel for the petitioners that the petitioners are entitled to get bail in view of the provisions of Section 437 Cr.P.C. does not give any absolute right to bail to a lady, who is an accused in other FIRs for duping people for a hundred crores of rupees. does not give any absolute right to bail to a lady, who is allegedly an accused in a number of other FIRs for duping people from general public worth hundred crores of rupees.

Court Bail Haryana Fir Petitioners No Ground Section 437 Cr Crores Punjab  grant  crpc  firs  haryana  court  multiple  ground  petitioners  bail  s437  fraud  children  crores  punjab  high  duping  does  lady  right

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
2 weeks 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 …

'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention
1 month ago

'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention

Live Law  

The Orissa High Court ordered release of a person accused of committing multiple financial frauds involving lakhs of rupees after finding that as an undertrial, he has completed more than half of the period of sentence prescribed for the most grievous offence for which he has been charged for. Apart from the grounds on merits of the individual cases, the …

Online Sextortion On Rise After Lockdown, Dehumanises & Feeds On Victim's Shame: P&H HC Rejects Bail To Woman Accused Of Blackmail
1 month, 2 weeks ago

Online Sextortion On Rise After Lockdown, Dehumanises & Feeds On Victim's Shame: P&H HC Rejects Bail To Woman Accused Of Blackmail

Live Law  

The Punjab & Haryana High Court rejected bail of a woman accused of blackmailing a 73-year-old doctor to make viral his obscene videos and extorting Rs 1.34 crore from him. Justice Sandeep Moudgil said, "Such acts are currently the highest reported form of image-based sexual abuse, a form of online blackmail which has been growing in prevalence since 2021. The …

'Exorbitant Bail Bond Deprives Accused Of Liberty, Adversely Impacts Family': Punjab & Haryana HC Reduces ₹50 Lakh Surety To ₹50k
1 month, 3 weeks ago

'Exorbitant Bail Bond Deprives Accused Of Liberty, Adversely Impacts Family': Punjab & Haryana HC Reduces ₹50 Lakh Surety To ₹50k

Live Law  

The Punjab & Haryana High Court modified the quantum of surety fixed by the trial Court from Rs. 50 lakh to Rs 50,000 observing that, "the imposition of such an egregious condition would, in almost all cases, result in the accused being unable to furnish the required surety, thereby depriving them of their liberty and subjecting them to the harsh …

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
1 month, 3 weeks 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 …

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
2 months, 2 weeks 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 …

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra
3 months, 2 weeks ago

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra

Live Law  

The Calcutta High Court has granted bail to recruitment scam accused Sujay Krishna Bhadra. Bhadra's firm was linked with transfer of proceeds of crime to M/S Leaps & Bounds Pvt Ltd, a company linked with AITC MP Abhishek Banerjee.Justice Suvra Ghosh granted bail and held: The case essentially hinges on the statement of the petitioner and the co-accused and recovery …

After Sisodia, SC grants bail to Kavitha in excise case
6 months, 3 weeks ago

After Sisodia, SC grants bail to Kavitha in excise case

Hindustan Times  

NEW DELHI The Supreme Court on Tuesday granted bail to Bharat Rashtra Samithi leader K Kavitha in the Delhi excise policy case, while delivering a stern reprimand to the Central Bureau of Investigation and the Enforcement Directorate over the fairness of their investigation and questioning the agencies for basing their entire case on inferences rather than solid, incriminating evidence. The …

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, 1 week 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 …

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 …

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC
9 months, 3 weeks ago

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC

Live Law  

Finding that the accused had suppressed the material facts & evidence against her and has committed an act of misrepresentation for getting the order of bail, when the 'evidence of last seen' was there against her along with other co-accused persons, the Rajasthan High Court held that the accused has deliberately attempted to pollute the stream of justice and has …

UP Amendment To S. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC
10 months ago

UP Amendment To S. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC

Live Law  

The Allahabad High Court has held that the Criminal Procedure Code Act, 2018 which revived the provision of anticipatory bail in the State, doesn't bar the grant of PRE-ARREST BAIL to an accused booked for an offence under subsection of Section 376 IPC. On the other hand, the state's counsel contending raised a preliminary objection that sub-section of Section 438 …

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC
1 year ago

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC

Live Law  

The Allahabad High Court recently clarified that the criminal cases in which the accused are not charge-sheeted under the SC/ST Act are liable to be processed under the provisions of CrPC, even if the offence is being tried by the special court established under the SC/ST Act.A bench of Justice Ajay Bhanot observed thus while dealing with an application filed …

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 …

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court
1 year, 6 months ago

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court

Live Law  

The Kerala High Court on Wednesday reiterated that Section 438 of the Code of Criminal Procedure does not create an absolute bar in the grant of anticipatory bail to an accused alleged of raping a minor girl when no prima facie materials exist warranting the arrest of the accused.Section 438 excludes the grant of pre-arrest bail to offences under Sections …

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court
1 year, 9 months ago

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court

Live Law  

The Allahabad High Court has clarified that no person can apply for bail in parts and that an accused is required to seek bail for all the offences for which he is wanted. “No person can be permitted to apply for bail in part, that too firstly getting bail by invoking powers u/s 437 CrPC and later on taking recourse …

S.306 CrPC No Bar On High Court To Invoke Its Powers U/S 482 And Admit An Approver On Bail: Jammu & Kashmir High Court
1 year, 10 months ago

S.306 CrPC No Bar On High Court To Invoke Its Powers U/S 482 And Admit An Approver On Bail: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently reiterated that in terms of Sec 306 CrPC bail to approver who is in custody cannot be granted, however, in an appropriate case High Court can release the approver on bail in exercise of its inherent powers under Section 482 CrPC. The observations were made by Justice Mohan Lal while hearing …

Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB
2 years, 1 month ago

Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB

Live Law  

The Allahabad High Court recently granted bail to a man accused of uploading some objectionable material on his Facebook account with regard to the Chief Minister of the state, Yogi Adityanath.The Bench of Justice Sameer Jain passed this order as it noted that the offences under which the accused has been challaned are having maximum punishment of three years and …

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC
2 years, 2 months ago

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC

Live Law  

The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 of CrPC in an FIR registered under section 376 of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law Act, 2018.Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of …

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry
2 years, 2 months ago

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry

Live Law  

The Allahabad High Court recently denied bail to a man accused of raping a physically challenged woman on the pretext of marriage and thereafter, refusing to marry her. It may be noted the accused-Pintu Kumar has been accused of luring the victim, a physically challenged lady having no legs, to have sex with him by extending a false promise to …

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused
2 years, 3 months ago

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused

Live Law  

The Punjab and Haryana High Court recently expressed its dismay over the conduct of Police officials, who were the official witnesses in a NDPS case, for not deposing despite issuance of multiple bailable, non-bailable and arrest warrants. A single bench of Justice Jasgurpreet Singh Puri remarked, "It is actually very surprising that the police officials were summoned by way of …

Applications Under Sections 438 And 439 CrPC Not Maintainable For Offences Under Karnataka Protection of Interest of Depositors Act: High Court
2 years, 3 months ago

Applications Under Sections 438 And 439 CrPC Not Maintainable For Offences Under Karnataka Protection of Interest of Depositors Act: High Court

Live Law  

The Karnataka High Court has said that a petition under Section 438 or 439 of CrPC is not maintainable when offences under Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 are incorporated in the FIR. The Court said that since now bail is being sought for offence both under IPC and under the KPIDFE Act, 2004, any …

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 …

Section 436A CrPC Akin To Statutory Bail ; Can Be Invoked By Accused Arrested Under PMLA : Supreme Court
2 years, 7 months ago

Section 436A CrPC Akin To Statutory Bail ; Can Be Invoked By Accused Arrested Under PMLA : Supreme Court

Live Law  

The Supreme Court observed that the beneficial provision of Section 436A of Criminal Procedure Code could be invoked by the accused arrested for offence punishable under the Prevention of Money Laundering Act, 2002 Act.Section 436A CrPC needs to be construed as a statutory bail provision and akin to Section 167 CrPC, the bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and …

Explained | Why is the Supreme Court seeking a separate bail law?
2 years, 8 months ago

Explained | Why is the Supreme Court seeking a separate bail law?

The Hindu  

The story so far: On July 11, the Supreme Court urged the Centre to bring a new law to simplify and streamline the process of bail, referring to the Bail Act of the U.K. A Bench of Justices S.K. The Supreme Court judgment issued clarifications to a 2021 ruling on guidelines for considering bail for offences under the Criminal Procedure …

Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates
2 years, 8 months ago

Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab and Haryana High Court has held that when dealing with a case registered under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the power to grant regular bail under Section 439 CrPC is subject to the conditions laid down in Section 37 of the NDPS Act. Power to grant bail under Section 439 of the Code …

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 …

Allahabad HC Grants Bail To Rape Accused As Victim Resiled From Her Statement, Orders Refund Of Compensation Paid To Her
2 years, 9 months ago

Allahabad HC Grants Bail To Rape Accused As Victim Resiled From Her Statement, Orders Refund Of Compensation Paid To Her

Live Law  

The Allahabad High Court recently granted bail to a rape accused in view of the fact that the victim had not supported the prosecution's case during the trial and that she had been declared hostile.The Bench of Justice Sanjay Kumar Singh also issued direction to the trial court to take steps for a refund of the compensation paid to her …

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court
2 years, 10 months ago

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court

Live Law  

Considering the categorical statement made by a 11-yr-old rape victim, the Madhya Pradesh High Court recently rejected the bail application of the accused stating that at the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted. Justice Anil Verma observed: "At the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted as …

'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. …

S.82 CrPC Does Not Impose Any Restrictions On Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab & Haryana High Court
3 years, 1 month ago

S.82 CrPC Does Not Impose Any Restrictions On Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab & Haryana High Court

Live Law  

If the offence committed is punishable with less than seven years, is a bailable, non-heinous offence and the accused who is a first-time offender, has established a fair ground for not being present in court, to the court's satisfaction, then just the fact that accused has been a proclaimed offender will not bar him/her from availing the benefit of Anticipatory …

Karnataka HC Cancels Bail Of Lecturer Accused Of Sexually Assaulting Minor; Says Trial Court Obligated To Hear Complainant U/s 439(1A) CrPC
3 years, 2 months ago

Karnataka HC Cancels Bail Of Lecturer Accused Of Sexually Assaulting Minor; Says Trial Court Obligated To Hear Complainant U/s 439(1A) CrPC

Live Law  

The Karnataka High Court has set aside the order granting bail to a lecturer, accused of sexually assaulting a minor student of his college, as the trial court failed to given an opportunity to the complainant/victim of being heard before passing the order. The court said, "In the case on hand, first of all the victim girl is aged about …

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail
3 years, 2 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail

Live Law  

If the role attributed to the accused in an offence is prima facie less serious than the role attributed to the co-accused who have been granted the benefit of bail under S.438 CrPC and under S.439 CrPC, and if the accused is a first-time offender, then he deserves an opportunity to course-correct and the opportunity of bail cannot be denied …

Indefeasible Right To 'Default Bail' U/S 167 (2) CrPC If Chargesheet Not Filed Within Stipulated Time: Allahabad High Court
3 years, 4 months ago

Indefeasible Right To 'Default Bail' U/S 167 (2) CrPC If Chargesheet Not Filed Within Stipulated Time: Allahabad High Court

Live Law  

The Allahabad High Court has observed that an accused has an indefeasible right to 'default bail' under proviso to section 167 Cr.P.C. Facts in brief Significantly, he filed bail applications before the trial court and before the sessions court indicating that after expiry of 90 days period no charge-sheet had been filed, therefore, it was prayed that the applicant may …

Aryan Khan And Others Denied Bail - Can A Magistrate Grant Bail For Offences Under The NDPS Act?
3 years, 5 months ago

Aryan Khan And Others Denied Bail - Can A Magistrate Grant Bail For Offences Under The NDPS Act?

Live Law  

A Metropolitan Magistrate's Court on Friday rejected the bail application of Bollywood actor Shahrukh Khan's son Aryan Khan and others in the cruise ship drug case, on the ground that the plea was not maintainable. This article examines the powers of Magistrate with regard to bail under the NDPS Act and poses two important questions for consideration: Whether a Magistrate …

"Crime Against Woman's Holy Body, Monstrous Burial Of Dignity": Allahabad HC Denies Anticipatory Bail To Minor Girl Gang-Rape Accused
3 years, 6 months ago

"Crime Against Woman's Holy Body, Monstrous Burial Of Dignity": Allahabad HC Denies Anticipatory Bail To Minor Girl Gang-Rape Accused

Live Law  

Underscoring that crime against the women is a monstrous burial of dignity in the darkness, and it against the holy body of a woman and the soul of a society, the Allahabad High Court last week denied anticipatory bail to a man accused of gang-raping a minor.The bench of Justice Chandra Dhari Singh denied bail to the accused noting that …

Delhi Riots: Court Grants Bail To Man Already Released In Similar FIRs; Says His Right To Defend Himself Shall Get Prejudiced If Bail Not Granted
3 years, 6 months ago

Delhi Riots: Court Grants Bail To Man Already Released In Similar FIRs; Says His Right To Defend Himself Shall Get Prejudiced If Bail Not Granted

Live Law  

A Delhi Court has granted bail to one Tinku in a case concerning North East Delhi riots after taking note of the fact that he has already been released and enlarged on bail in five similar FIRs relating to incidents of rioting around the same locality.Observing that his right to defend himself shall get prejudiced if not enlarged on bail, …

Bail Is Not A Licence For Committing Any Number Of Crimes: Karnataka High Court
4 years, 2 months ago

Bail Is Not A Licence For Committing Any Number Of Crimes: Karnataka High Court

Live Law  

The Karnataka High Court has said that the right to claim bail under section 436 of Criminal Procedure Code becomes circumscribed when an accused repeatedly commits bailable offence/s. Justice SREENIVAS HARISH KUMAR said "A person being on bail in relation to a bailable offence and applies for bail having again committed a bailable offence cannot as a matter of right …

Not Mandatory To Hear Victim While Considering Rape Accused's Plea For Default Bail: Kerala HC [Read Order]
4 years, 6 months ago

Not Mandatory To Hear Victim While Considering Rape Accused's Plea For Default Bail: Kerala HC [Read Order]

Live Law  

The Kerala High Court has held that provision contained in Section 439 of the Code of Criminal Procedure does not apply to an application for bail under Section 167 CrPC.As per Section 439 CrPC, the presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the …

[Koodathayi Murder] Merely Because Petitioner Is Woman, She Is Not Entitled To Bail: Kerala HC Dismisses Jolly's Bail Plea [Read Order]
4 years, 7 months ago

[Koodathayi Murder] Merely Because Petitioner Is Woman, She Is Not Entitled To Bail: Kerala HC Dismisses Jolly's Bail Plea [Read Order]

Live Law  

Simply because the petitioner is a woman, she is not entitled bail, observed the Kerala High Court while dismissing the bail petition filed by Jolly Joseph of Koodathayi village of northern Kerala accused of murder of six of her family members over a span of 17 years by administering them cyanide.The counsel for the petitioner in the bail petition contended …

A Condition For Grant of Bail, Incapable of Compliance, Renders The Bail a Complete Fantasy: P&H HC [Read Order]
4 years, 8 months ago

A Condition For Grant of Bail, Incapable of Compliance, Renders The Bail a Complete Fantasy: P&H HC [Read Order]

Live Law  

"Judiciousness qua grant or refusal of bail must be exercised prudently. The Punjab and Haryana High Court has held that the bail conditions imposed by a court should not be so onerous that they prove "fatal to bail". The very fact that the petitioner had been languishing in jail despite having obtained a favourable bail order a year ago, was …

Karnataka HC Grants Bail To Six Women Accused Of Pelting Stones On Policemen During Lockdown [Read Order]
4 years, 10 months ago

Karnataka HC Grants Bail To Six Women Accused Of Pelting Stones On Policemen During Lockdown [Read Order]

Live Law  

The Karnataka High Court has granted bail to six women while refused bail to 17 men, all alleged to have formed unlawful assembly during the ongoing lockdown period in Hubli district and pelted stones and brick pieces against the police when they tried to disperse the mob. Justice Sreenivas Harish Kumar granted bail to Shabhana Ron, Shainaj J Ron, Reshma …

Right To Get Anticipatory Bail Is Not Any Fundamental Right, Says Punjab & Haryana HC [Read Order]
5 years, 8 months ago

Right To Get Anticipatory Bail Is Not Any Fundamental Right, Says Punjab & Haryana HC [Read Order]

Live Law  

Right to get anticipatory bail is not any fundamental right, remarked the High Court of Punjab and Haryana while rejecting an application filed by a man involved in a case registered under the Narcotics Drugs & Psychotropic Substances Act, 1985. Justice Rajbir Sehrawat observed that the statutory power of granting pre-arrest bail is so extraordinary that it is not even …

NDPS Bail Conditions Discriminatory, Irrational And Defy Human Logic, Says Punjab & Haryana HC [Read Order]
6 years, 6 months ago

NDPS Bail Conditions Discriminatory, Irrational And Defy Human Logic, Says Punjab & Haryana HC [Read Order]

Live Law  

“On mere opposition by the Public Prosecutor, to the grant of bail to the accused, this Section castes a duty upon the Court to satisfy itself that there are reasonable grounds for believing: that he is not guilty of such offence; that he is not likely to commit any offence while on bail. Bail under NDPS The bail provision under …

Chargesheet Without Arresting The Accused And Right Of Bail
7 years, 5 months ago

Chargesheet Without Arresting The Accused And Right Of Bail

Live Law  

Interesting issue may arise in a given factual matrix. If charge sheet is filed showing the accused as not arrested but the offence attracts a non-bailable section and magistrate issues summons to accused, can the accused demand bail as a matter of right on the ground that he was not arrested during the investigation?Hon'ble High Court of Delhi seems to …

Breaking: Bail System Inadequate And Inefficient, Law Commission Suggests Drastic Changes In Bail Provisions [Read Report]
7 years, 9 months ago

Breaking: Bail System Inadequate And Inefficient, Law Commission Suggests Drastic Changes In Bail Provisions [Read Report]

Live Law  

Law Commission of India in its new report related to bail system, made significant suggestions to change the bail provisions keeping in mind that the poor people do not get bail, and even when bail is granted, it is difficult for them to get sureties.In Report No.268 titled ‘Amendments to Criminal Procedure Code, 1973 – Provisions relating to Bail’ the …

Breaking: Bail System Inadequate And Inefficient, Law Commission Suggests Drastic Changes In Bail Provisions [Read Report]
7 years, 9 months ago

Breaking: Bail System Inadequate And Inefficient, Law Commission Suggests Drastic Changes In Bail Provisions [Read Report]

Live Law  

Law Commission of India in its new report related to bail system, made significant suggestions to change the bail provisions keeping in mind that the poor people do not get bail, and even when bail is granted, it is difficult for them to get sureties.In Report No.268 titled ‘Amendments to Criminal Procedure Code, 1973 – Provisions relating to Bail’ the …

Dowry Death Case: Bombay HC Denies Anticipatory Bail To Two Advocates [Read Order]
7 years, 11 months ago

Dowry Death Case: Bombay HC Denies Anticipatory Bail To Two Advocates [Read Order]

Live Law  

The Bombay High Court has rejected the pre-arrest bail application filed under Section 438 of CrPC by two advocates from Sholapur allegedly involved in a Dowry Death Case.Justice Mridula Bhatkar was hearing the application filed by two advocates after an FIR was registered against them for offences punishable under Sections 304B, 498A, 306, 498A, 306, 323, 504 and 506 r/w …

HC denies bail to Sadhvi Pragya in Malegaon blast case
10 years, 11 months ago

HC denies bail to Sadhvi Pragya in Malegaon blast case

The Hindu  

The Bombay High Court on Friday rejected the bail plea of Sadhvi Pragya Singh Thakur, one of the prime accused in the 2008 Malegaon blast case. While passing the order, the division bench of Justice PV Hardas and AS Gadkari said: “We are of the considered opinion that a strong prima facie case exists against the accused on the basis …

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