Bail Denied to Judicial Officer Accused of Stealing from a Judge’s Residence: Here’s What the Patiala Court Said
“The offence alleged strikes at the integrity, expected from a public servant more particularly a judicial officer.”
Arrest
‘Serious factual dispute about actual service of grounds of arrest’; Allahabad HC releases person arrested under CGST Act
The Court noted that “reasons to believe” are mandatory to be recorded; however, they need not be supplied along with the arrest memo to the accused, unlike the “grounds of arrest”, which must be supplied.
Anticipatory bail ordinarily continues without fixed expiry unless special reasons recorded: Supreme Court
“The filing of a charge-sheet, taking of cognizance, or issuance of summons does not terminate protection unless special reasons are recorded.”
Mandatory to issue notice under S. 35(3) BNSS to accused regarding offences punishable with 7 yrs imprisonment: Supreme Court clarifies
An arrest by a police officer is a mere statutory discretion which facilitates him to conduct proper investigation, in the form of collection of evidence and, therefore, shall not be termed as mandatory.
“Everyone has failed to discharge their responsibility”; Rajasthan High Court acknowledges delays in Bail Process as Two women held for 43 days in bailable offence
“With anguish and pain, this Court observes here that the learned Magistrate as well as learned Additional District & Sessions Judge failed to exercise their discretion in right perspective and in a very casual manner, decided the bail applications, placed before them.”
Supreme Court grants bail to Telugu Journalist Kommineni Srinivasa Rao arrested for alleged derogatory remarks about Amaravati women during Live TV debate
“Considering that the accused did not make any defamatory statement himself, and in recognition of his role as a journalist hosting a live TV show, the Court emphasised the importance of protecting journalistic freedom to safeguard the right to free speech”
NHRC takes suo motu cognizance of Ashoka University Professor Mahmudabad’s arrest and remand over human rights violations
The NHRC noted that the allegations against Professor Mahmudabad disclosed, prima facie, that his human rights and liberty were violated.
‘Non-bailable warrants must not be issued mechanically’; Punjab & Haryana HC quashes bail cancellation order of accused who missed one hearing due to ill health
“The issuance of non bailable warrants must not be exercised in a mechanical manner. It must be adopted sparingly and only upon recording cogent reasons that reflect the necessity of such a stringent course.”
SC directs State of Haryana to issue guidelines to ensure that accused persons aren’t handcuffed and chained to hospital beds
Once a person is arrested, his right to liberty under Article 21 is curtailed. When such an important fundamental right is curtailed, it is necessary that the person concerned must understand on what grounds he has been arrested.
HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Delhi Riots; Bar Association Elections; Fake Anti-Cancer Drug; NOVARTIS Trade Mark; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Arrest must be rational, fair & based on admissible evidence’; MP High Court grants bail in ₹141.8 Crore PMLA case due to procedural lapses
“When an accused is in custody under PMLA irrespective of the case for which he is under custody, any statement under section 50 of PMLA to the same investigating agency is inadmissible against the maker.”
Custodial statements under Section 50 PMLA are inadmissible; MP High Court grants bail
“The arrest should be rational, fair and as per law and shall not be merely based upon guilt of accused established from inadmissible evidence.”
Bombay HC declares arrest illegal as grounds of arrest were communicated to accused’s wife but not to the accused
From the arrest panchnama it is evident that the information is given to his wife on the cell number provided by petitioner-accused and apart from that there are no grounds of arrest mentioned in the arrest surrender form.
Madras High Court dismisses plea on Samsung India Workers’ arrest after State confirms release
Madras High Court disposed of the habeas corpus petition after reviewing the State’s submissions, which indicated that the arrested individuals had been released on 08-10-2024, due to the Judicial Magistrate’s refusal to accept their remand.
‘Detention based on Look Out Circular amounts to arrest, violates fundamental rights’; Bombay HC declares Singapore resident’s arrest illegal
The moment petitioner was intercepted by the Immigration officers around 10:00 pm, on 13-08-2024, allegedly based on a Look Out Circular, he was deprived of his liberty and he ceased to be free.
Accused in custody can apply for anticipatory bail in connection with a different case: Supreme Court
“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”
Karnataka HC asks State Government to frame guidelines vis-a-vis issue of summons under S. 35 of Nagarik Suraksha Sanhita
Giving the Government 8 weeks’ time to frame such guidelines, the Court laid down certain steps that must be followed whenever a person is to be summoned under S. 35, BNSS.
Supreme Court sets aside arrest and remand of NewsClick chief editor Prabir Purkayastha in UAPA case
The Right to Life and Personal Liberty is the most sacrosanct fundamental right guaranteed under Articles 20, 21 and 22 of the Constitution of India. Any attempt to encroach upon this fundamental right has been frowned upon by this Court in a catena of decisions
Supreme Court disposes of Hemant Soren’s plea complaining against delay by HC in deciding his arrest by ED in land scam case
Hemant Soren had resigned from the post of Chief Minister of Jharkhand on January 31, 2024.
Bombay HC grants interim bail to accused; doubts compliance of law by police
The Court stated that the allegations against the police officers are serious, and the latter need to respond to them.