SUPREME COURT
Supreme Court grants bail to Shoma Sen in Bhima Koregaon Elgar Parishad case
In a special leave petition filed by former Nagpur University professor and Bhima Koregaon-accused Shoma Sen, against the order passed by Bombay High Court, wherein the Court disposed her bail application with liberty to approach the Trial Court for filing a fresh application for bail, the division bench of Aniruddha Bose* and Augustine George Masih, JJ. has granted her bail and held that the restriction for grant of bail as Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’) would not apply in her case. Read more
Whether chargesheet filed without FSL report amounts to incomplete chargesheet and entitles accused to default bail? SC refers to larger bench
In a criminal special leave to appeal against Delhi High Court’s decision, whereby, the accused person’s application seeking default bail on grounds that the complete chargesheet was not submitted within the stipulated time as per Section 167(2) of the Code of Criminal Procedure, 1973 (‘CrPC’) was dismissed, the Division Bench of Aniruddha Bose and Sanjay Kumar, JJ. referred the question to larger Bench that whether failure on the part of the prosecution to include the FSL report pertaining to the seized contraband article(s) along with the chargesheet, within the time specified in Section 167(2) of the CrPC read with Section 36-A of the NDPS Act, would entitle the accused to default bail or not. Read more
Supreme Court grants bail to accused imprisoned for attempt to murder for past 6 months
In a special leave petition filed against the judgment and order passed by Rajasthan High Court, wherein the Court denied bail to the accused, the division bench of Vikram Nath and Prashant Kumar Mishra, JJ. has granted bail to the accused. Read more
Supreme Court stays order granting bail to Karnataka’s seer Shivamurthy Murugha Sharanaru’s in POCSO case
In a criminal special leave to appeal by the minor girl’s father against Karnataka High Court’s decision whereby the High Court allowed the criminal appeal and granted bail to Shivamurthy Murugha Sharanaru in the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) case, the Division Bench comprising of Vikram Nath and Prashant Kumar Mishra, JJ. stayed the impugned order. Read More
HIGH COURTS
Bombay HC grants interim bail to accused; doubts compliance of law by police
The Division Bench comprising of Revati Mohite Dere, Manjusha Deshpande, JJ. granted interim bail to the petitioner who had been arrested for offences under Section 420 read with Section 34 of the Penal Code, 1860 (“IPC”), that require the service of notice under Section 41-A of the Code of Criminal Procedure, 1973. The Court stated that the allegations made by the petitioner against his arrest had substance, and directed the Deputy Commissioner of Police, Zone 2, Mumbai, to apply for Call Detail Records and WhatsApp messages and call logs of the petitioner and the respondent. Read more
Man fakes own death to claim insurance after allegedly murdering neighbor : Bombay HC refuses to grant bail
In criminal bail application preferred under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking regular bail Madhav J. Jamdar, J., denied bail due to severity of the offence, the central role of the applicant in the crime, and the likelihood of fleeing from justice or tampering with witnesses. Read more
A woman cannot be held liable for abetment to suicide, if a lover commits suicide due to love failure: Delhi High Court
In the present case, two applications were clubbed that were filed under Section 438 of the Criminal Procedure Code, 1973, seeking grant of pre-arrest bail in FIR dated 6-5-2023, for offence under Section 306 of the Penal Code, 1860 (‘IPC’), registered at Police Station Vivek Vihar. Amit Mahajan, J.*, opined that prima facie, the alleged suicide note only expressed a state of anguish of the deceased towards applicants, but it could not be inferred that applicants had any intention, that led the deceased to commit suicide. The Court thus opined that the custodial interrogation of applicants was not required and directed that applicants should be released on bail. Read More
Delhi High Court dismisses PIL seeking extraordinary interim bail for Arvind Kejriwal; imposes cost of Rs. 75,000
A PIL was filed on behalf of the ‘People of India’ seeking grant of extraordinary interim bail to Respondent 5- Arvind Kejriwal, Chief Minister of NCT of Delhi in all criminal cases, the Division Bench of Manmohan, ACJ* and Manmeet Pritam Singh Arora, J., opined that it was strange that petitioner had offered to extend a personal bond in favour of Respondent 5 and undertaking that Respondent 5 would not try to influence the witnesses involved, or try to destroy the evidence. The Court opined that petitioner held no power of attorney on behalf of Respondent 5 to either make such statements/undertakings on his behalf or extend such personal bond. Rule of locus standi was relaxed in a case of public interest litigation, but that was to be done only to ensure that the poor or socially and economically backward or persons with disability were not denied their rights. Read more
Fake currency is serious threat to economy, national security, individual well-being; Delhi High Court dismisses bail application
The present bail application under Section 439, read with Section 482 of the Criminal Procedure Code, 1973 was filed on behalf of applicant, seeking grant of regular bail in case arising out of FIR, registered at Police Station Special Cell, Delhi for offences punishable under Sections 489-B, 489-C and 34 of the Penal Code, 1860. Swarana Kanta Sharma, J.*, after considering the seriousness of the offence, and the recoveries of fake currency from the first floor of petitioner’s house, dismissed the bail application and held that it is not inclined to grant bail to petitioner at this stage. The Court opined that the supply and circulation of fake currency notes represented a serious threat to the economy, national security, and individual well-being, therefore, it was crucial for the Courts to deal with such cases with a stern hand. Read more
[Delhi Riots] ‘Aspects related to riot-like violence, burning of Delhi openly discussed in meetings’; Delhi High Court denies bail to Salim Malik
The present appeal was preferred by appellant under Section 21(4) of the National Investigating Agency Act, 2008 (‘NIA’) against the impugned order dated 6-10-2022, whereby he was denied bail. The FIR was initially registered under Sections 120-B, 147, 148, and 149 of the Penal Code, 1860 (‘IPC’), however, subsequently, Sections 124-A, 153-A, 109, 114, 212, 353, 395, 427, 307, 302, 186, 452, and 34 of IPC and Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 (‘PDPP Act’) and Sections 13, 16, 17, and 18 of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’) were also added. Read more
[POCSO Case] | An award-winning National hockey player’s achievements earned through hard work, can’t be termed as ‘Influence’: Karnataka HC
While considering the instant petition filed by noted Hockey player, Varun Kumar seeking anticipatory bail in case registered against him under Sections 376(3) and 420 of Penal Code, 1860 (IPC) as well as under Sections 4(2), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the Bench of Rajendra Badamikar, J.*, granted conditional anticipatory bail to the hockey player. The Court opined that the petitioner cannot be termed as an influential person merely because he is an award-winning National Hockey Player. The Court noted that the petitioner’s achievements which were earned because of his hard work, cannot be termed as an influence. However, the Court also pointed out that the records disclose that the family of the victim itself is a highly influential family, with her father being a Senior Police Officer. Read more
[Belagavi Stripping Incident] | Karnataka HC directs speedy completion of trial within 1 year; Grants conditional bail to 11 accused persons
While deliberating over the status of proceedings in the notorious Belagavi stripping incident that occurred in December 2023, the Bengaluru and Dharwad Benches of the High Court directed the completion of trial within one year and granted bail to the 11 accused persons respectively. Read more
Whether accused under custody in one case can seek anticipatory bail for another case? Orissa HC answers
In a batch of anticipatory bail applications under Section 438 of the Code of Criminal Procedure, 1973 (‘CrPC’), Sashikanta Mishra*, J., answered the issue that whether an application for anticipatory bail is maintainable at the instance of a person who is already in custody in connection with a different case, in affirmative. Read more
Read why Kerala HC declined bail to accused persons in Puthiyakavu Temple blast case
In a bail application concerning the Puthiyakavu Bhagavathy Temple Fireworks explosion case, C.S. Dias. J, while refusing the bail application, viewed that the accused persons are not entitled to be enlarged on bail, as it would have a deleterious impact on the society and justice would be thwarted. Further, the Court issued a direction for Kerala Legal Service Authority (‘KELSA’) to explore the possibilities of organizing a Adalat for the purpose of redressing the grievances of fireworks explosion aggrieved persons. Read more
Madhya Pradesh High Court denies bail to woman accused of extortion and filing false rape cases against multiple men
In a bail application filed by the applicant under Section 439 of the Criminal Procedure Code, 1973 (CrPC) for offenses punishable under Sections 384, 389, 452, 506, and 427 of the Penal Code, 1860 (IPC), a single-judge bench comprising of Maninder S. Bhatti, J., dismissed the bail application, citing direct allegations of extortion against the applicant and her past behavior of lodging false cases. Read more
Rajasthan High Court grants bail to SFJ members accused of uttering words ‘Khalistan Zindabad’; finds invocation of UAPA incomprehensible
In a bail application filed under Section 439 of the Criminal Procedure Code, 1973 (CrPC), a single-judge bench comprising of Farjand Ali, J., allowed the bail application of the accused-petitioners, emphasising on the importance of freedom of speech and expression while assessing the intention behind alleged statements. The Court deemed the continued incarceration of the accused unnecessary and ordered petitioners’ release on bail with specified conditions. Read more
‘Seeking bail on ground that no loss caused to Government is meaningless’: Punjab & Haryana HC refuses to grant anticipatory bail to estate officer accused under PC Act
In an application filed under Section 438 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking anticipatory bail, Anoop Chitkara, J.*, opined that petitioner’s misconduct was established when he handed over symbolic possession of the property itself to the said beneficiaries. Further, regarding petitioner’s submission for seeking bail on the ground that no loss had been caused to the government, the Court opined that such argument was meaningless. If this argument was accepted, then every government employee who committed such an act and where no loss caused to government, would be entitled to bail which was neither the meaning within the Prevention of Corruption Act, 1988 (‘the PC Act’) nor the provisions related to cheating, forgery under the Penal Code, 1860 (‘IPC’). Thus, the Court opined that given the serious nature of allegations and the apparent malicious intent of petitioner, he was not entitled to anticipatory bail. Read more
