For The One Last Time, SC Grants UP Govt 6 Weeks More To Decide On Criminal Procedure (UP) Amendment Bill 2010
7 years ago

For The One Last Time, SC Grants UP Govt 6 Weeks More To Decide On Criminal Procedure (UP) Amendment Bill 2010

Live Law  

The Uttar Pradesh government on Friday sought more time from the Supreme Court to take a decision on the Bill related to the issue of inclusion of anticipatory bail provision in the state.A bench of Justice SA Bobde and Justice LN Rao granted six-week time to the Yogi Adityanath government to take a decision whether to place or not the Criminal Procedure Amendment Bill 2010 before. The Uttar Pradesh government on Friday sought more time from the Supreme Court to take a decision on the Bill related to the issue of inclusion of anticipatory bail provision in the state. A bench of Justice SA Bobde and Justice LN Rao granted six-week time to the Yogi Adityanath government to take a decision whether to place or not the Criminal Procedure Amendment Bill 2010 before the Assembly after the same was sent back by the President of India on some technical grounds in September 2011. Don’t ask for more time.” To this, Bhati said: “Give us the last opportunity.” Earlier, the bench had pulled up the state for not placing the Bill 2010 before the Assembly after the same was sent back by the President of India.

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History of this topic

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case
2 weeks ago

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case

Live Law  

The Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity. Single judge Justice T. Mallikarjuna Rao also observed, “The anticipatory bail, the extraordinary privilege, should be granted only …

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

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

Live Law  

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

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

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

New Indian Express  

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

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court
1 month, 3 weeks ago

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court

Live Law  

The Karnataka High Court has said that unless there are exceptional circumstances to file an anticipatory bail application directly before the High Court, bypassing the Sessions Court, it will be prudent for the accused to approach the Sessions Court at the first instance seeking relief. It was argued that both Sessions Court and High Court have concurrent jurisdiction to entertain …

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

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

Live Law  

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

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
3 months, 1 week 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 …

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

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court
4 months 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
4 months 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 …

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

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

Live Law  

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

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months, 1 week ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
6 months, 3 weeks ago

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains

Live Law  

The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice. The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, …

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC
7 months ago

When citizen's liberty is in question, lower courts should decide pre-arrest bail pleas quickly: Bombay HC

New Indian Express  

MUMBAI: The Bombay High Court on Tuesday said when the question of liberty of a citizen is involved, it is necessary that the lower courts take up and decide applications seeking anticipatory bail either finally or at least for grant of interim protection in an expeditious manner. If the lower courts do not decide such matters, then the high court …

Ruling on Sisodia calls for judicial reforms in bail process
7 months, 3 weeks ago

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

New Delhi The Supreme Court verdict granting bail to former Delhi deputy chief minister Manish Sisodia in connection with the Delhi excise policy case marks a critical precedent, particularly in high-profile cases where gravity of charges and prolonged incarceration has been used as tools to deny individuals their right to liberty. The court observed that in many instances, both trial …

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, 2 weeks 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 …

SC grants anticipatory bail to Mukhtar’s son
10 months, 3 weeks ago

SC grants anticipatory bail to Mukhtar’s son

Hindustan Times  

New Delhi The Supreme Court on Monday granted anticipatory bail to Umar Ansari, son of late gangster-turned-politician Mukhtar Ansari in a case in which he is accused of being part of a conspiracy to promote enmity and obstruct public servants during the 2022 assembly elections in Uttar Pradesh. UP’s additional advocate general Garima Prasad told the court during the hearing …

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court
1 year ago

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes Act on the ground that cognizance had already been taken of the complaint. The court said,“The Sessions Judge was not proper in rejecting the petition filed under Section …

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, 2 months 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 – …

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter
1 year, 6 months ago

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter

Live Law  

The Chief Justice Of Gujarat High Court Sunita Agarwal on Thursday orally remarked that she is working out to end the ongoing practice in HC of issuing rule nisi in bail matters and posting those cases for hearing 2-3 weeks thereafter. She added that after 24 hours and 48 hours, the Public Prosecutor must be ready to argue on bail …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 24 – 31, 2023]
1 year, 7 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 24 – 31, 2023]

Live Law  

SUBJECT WISE INDEX Arrest and Detention Arnesh Kumar Guidelines - The Supreme Court reiterated the guidelines laid down for arrest under Section 498A of the Indian Penal Code, 1860 and for other offences punishable by a maximum jail term of seven years in its 2014 Arnesh Kumar judgement - Also directed high courts and police chiefs to issue notifications and …

Supreme Court Half Yearly Bail Digest 2023
1 year, 7 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

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

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]

Live Law  

Q.21 Can anticipatory bail be granted to an accused when on similar allegations two other co-accused in the case had been granted similar relief? Q.23 If an accused who is on anticipatory bail surrenders before the competent Court and seeks regular bail, can he be treated as in “custody” obliging the Court to decide the application on merits? The accused …

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

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
2 years ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I
2 years ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Live Law  

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh - JJ; Union of India v. Thamisharasi 4 SCC 190 = 1995 KC 1189 - J. S. Verma, Sujata V. Manohar – JJ; Uday Mohanlal Acharya v. State …

Remarks Against PM: SC Extends Interim Bail of Congress Leader Pawan Khera Till March 3
2 years, 1 month ago

Remarks Against PM: SC Extends Interim Bail of Congress Leader Pawan Khera Till March 3

News 18  

The Supreme Court on Monday extended till March 3 the interim bail granted to Congress leader Pawan Khera in a case related to his alleged objectionable remarks against Prime Minister Narendra Modi. A three-judge bench headed by Chief Justice D Y Chandrachud took note of the submissions of Solicitor General Tushar Mehta, appearing for Assam, that the state police wanted …

FIR Over Comment Against PM : Supreme Court Extends Interim Bail To Congress Spokesperson Pawan Khera Till March 3
2 years, 1 month 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 …

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 …

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Inciting Public To Demolish Gyanvapi Mosque
2 years, 2 months ago

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Inciting Public To Demolish Gyanvapi Mosque

Live Law  

The Allahabad High Court has granted anticipatory bail to a man accused of inciting the public to demolish the Gyanvapi Mosque. The bench of Justice Subhash Chandra Sharma passed this order earlier this month on the anticipatory bail plea of accused Digvijay Chaube, who has been booked under sections 153A, 295A 505 I.P.C. “In the event of arrest of the …

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 …

Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says
2 years, 3 months ago

Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says

Live Law  

While hearing an application seeking anticipatory bail, the Supreme Court of India on Thursday stated that it can't be set for a limited time frame. The Bench was hearing an appeal filed by politician Monirul Islam challenging an order of the Calcutta High Court that had granted him anticipatory bail in 2021, limiting it to four weeks only. As the …

Supreme Court Monthly Criminal Digest-October 2022
2 years, 4 months ago

Supreme Court Monthly Criminal Digest-October 2022

Live Law  

Code of Criminal Procedure, 1973; Section 173, 156, 190 - Where the Magistrate is of the opinion that the result of investigation in the form of report filed before him is not satisfactory, he may also order investigation in terms of Sections 156 and/or 173 CrPC or he may straightway take cognizance under Section 190 CrPC. Mukesh Singh v. State …

Lakhimpur Kheri Case : Supreme Court Grants 2 Weeks Time To UP Govt To File Counter In Ashish Mishra's Bail Plea
2 years, 5 months ago

Lakhimpur Kheri Case : Supreme Court Grants 2 Weeks Time To UP Govt To File Counter In Ashish Mishra's Bail Plea

Live Law  

The Supreme Court on Monday granted two weeks time to the State of Uttar Pradesh to file a counter-affidavit to the petition filed by Ashish Mishra, the son of Union Minister Ajay Kumar Mishra, seeking regular bail in the Lakhimpur Kheri violence case. A bench comprising Justices BR Gavai and BV Nagarathna was considering the petition filed by Mishra challenging …

Bail Can't Be Cancelled Without Giving Notice To Accused, Giving Him An Opportunity Of Being Heard: Allahabad High Court
2 years, 5 months ago

Bail Can't Be Cancelled Without Giving Notice To Accused, Giving Him An Opportunity Of Being Heard: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that the cancellation of bail cannot be done without giving notice to the accused and giving him an opportunity of being heard. With this, the bench of Justice Ajai Kumar Srivastava-I sets aside the order of the Sessions Judge, Raebareli cancelling the bail granted earlier to Rajendra Kumar and 2 others in connection with …

Bail Application Must Be Decided Expeditiously And Not To Be Posted In 'Due Course Of Time': Supreme Court
2 years, 6 months ago

Bail Application Must Be Decided Expeditiously And Not To Be Posted In 'Due Course Of Time': Supreme Court

Live Law  

The Supreme Court reiterated that bail applications must be decided as expeditiously as possible and not to be posted in due course of time.The bench comprising Justices Ajay Rastogi and BV Nagarathna observed thus while considering a Special Leave Petition against an order passed by Chhattisgarh High Court dismissing an interim relief prayed in an anticipatory bail application. The Supreme …

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Subjecting Minor To Forced Circumcision For Conversion Purposes
2 years, 6 months ago

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Subjecting Minor To Forced Circumcision For Conversion Purposes

Live Law  

The Allahabad High Court on Thursday granted anticipatory bail to one Julfikar who has been accused of subjecting a 9-year-old boy to forced circumcision for religious conversion purposes.The bench of Justice Suresh Kumar Gupta ordered that in the event of arrest of the applicant, he shall be released on anticipatory bail till the submission of the police report, if any, …

Anticipatory Bail Plea Not Maintainable By Person Already Enlarged On Bail As He Is Under Constructive Custody: J&K&L High Court
2 years, 8 months ago

Anticipatory Bail Plea Not Maintainable By Person Already Enlarged On Bail As He Is Under Constructive Custody: J&K&L High Court

Live Law  

The Jammu & Kashmir & Ladakh High Court today reiterated that a person released on bail is already construed to be the in constructive custody and if the law requires him to come back to custody for specified reasons, the application for anticipatory bail will not lie. It was further brought to the notice of the court that the petitioner …

SC sets aside Patna HC order directing Sahara chief Subrata Roy to appear before it
2 years, 8 months ago

SC sets aside Patna HC order directing Sahara chief Subrata Roy to appear before it

Firstpost  

The apex court said the high court, while entertaining the plea for grant of anticipatory bail filed by the applicant, went into inquire into matters ‘unrelated’ to the facts relevant for deciding the application. New Delhi: The Supreme Court on Thursday set aside the Patna High Court orders in an anticipatory bail case including the one directing Sahara Group chief …

Explained: The laws governing bail in India and what changes does the Supreme Court want
2 years, 8 months ago

Explained: The laws governing bail in India and what changes does the Supreme Court want

Firstpost  

Lamenting that jails across the country were flooded with undertrial prisoners, the apex court urged the Centre to introduce reforms in the bail laws. It stated that bail applications should be disposed of within two weeks while those for anticipatory bail be decided within six weeks There can never be an impression that India is a police state, the Supreme …

Unexplained, Avoidable & Prolonged Delay In Concluding Trial, Appeal Or Revision Would Be A Factor For Consideration Of Bail: Supreme Court
2 years, 8 months ago

Unexplained, Avoidable & Prolonged Delay In Concluding Trial, Appeal Or Revision Would Be A Factor For Consideration Of Bail: Supreme Court

Live Law  

Directions issued The Court issued a slew of directions as follows : a) The Government of India may consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bails. b) The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of …

Affirming the primacy of bail
2 years, 8 months ago

Affirming the primacy of bail

Hindustan Times  

An unfortunate facet of the Indian criminal justice system is the prolonged incarceration of people not convicted of any crime because of denial of bail. Despite four decades of Supreme Court jurisprudence stressing the importance of granting bail as a matter of practice and jail time only in exceptional circumstances, thousands of people continue to languish behind bars even as …

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 …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 9 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

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 …

Initiation Of Proclamation/ Attachment Process Against Accused Not Bar To Consider His Anticipatory Bail Plea: Delhi High Court
2 years, 10 months ago

Initiation Of Proclamation/ Attachment Process Against Accused Not Bar To Consider His Anticipatory Bail Plea: Delhi High Court

Live Law  

The Delhi High Court has observed that merely because the Central Bureau of Investigation has initiated the process of proclamation or attachment proceedings under sec. 82 or 83 of Cr.PC despite the pendency of the anticipatory bail application before High Court, the same does not bar the consideration of such an application.Section 82 contemplates procedure for issuing proclamation. 82 or …

Supreme Court Criminal Digest -April 2022
2 years, 10 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

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 …

S.45 PMLA: Twin Conditions For Bail Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Jharkhand High Court
2 years, 10 months ago

S.45 PMLA: Twin Conditions For Bail Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Jharkhand High Court

Live Law  

The Jharkhand High Court recently observed that twin conditions for bail under Section 45 of the Prevention of Money Laundering Act, 2002 that were declared unconstitutional by the Supreme Court in the case of Nikesh Tarachand Shah v. Union of India, stand revived on account of the defects purportedly being cured by the Parliament by way of 2018 Amendment Act. …

S.45 PMLA: Twin Conditions For Bail That Were Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Bombay High Court
3 years, 2 months ago

S.45 PMLA: Twin Conditions For Bail That Were Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Bombay High Court

Live Law  

In a recent case, a two-judge bench of the Bombay High Court noted that the twin conditions for bail in section 45 of the Prevention of Money Laundering Act, 2002 which were declared unconstitutional by the judgment of the Apex Court in Nikesh T.Shah Vs. Union of India 11 SCC 1, stand revived in view of the Legislative intervention vide …

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