Bringing you the Best Analytical Legal News
“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.”
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.
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
Hemant Soren had resigned from the post of Chief Minister of Jharkhand on January 31, 2024.
The Court stated that the allegations against the police officers are serious, and the latter need to respond to them.
A person accused of an offence under the Penal Code (‘IPC’) who has not been forwarded under Section 167(1) of the CrPC and has voluntarily appeared and filed a surrender petition cannot be dealt with under Section 167(2) of the CrPC.
“Judicial comity and judicial discipline demands that higher courts should follow the law. The extraordinary and inherent powers of the court do not confer any arbitrary jurisdiction on the court to act according to its whims and caprice.”
Supreme Court, while granting interim protection from arrest to Jayanarayan Mishra, issued notice and Dasti notice to the Standing Counsel for the State.
The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.
On submission that the accused were ‘coaxed’ to accompany ED officials, Punjab and Haryana High Court concluded that the act was not in pursuance of purported summons issued but an unlawful restraint.
The High Court meaningfully stated the existence of prima facie evidence against the accused is to no avail if there is no justification for the arrest based on the doctrine of clear and present danger to the society.
Allahabad High Court was not convinced with the version of the Police personnel, that such injuries on the petitioner’s skin occurred due to friction on the road when the Police personnel tried to pick him up and put him in the police vehicle.
Supreme Court opined that the Jharkhand High Court fell into error in adopting such a casual approach and set aside the impugned order. Thus, granted bail to the husband.
Section 41 and 41A of CrPC are facets of Article 21 of the Constitution of India
Allahabad High Court gave three weeks to the respondents to file the counter affidavit and two weeks thereafter to the petitioner to file rejoinder affidavit.
Kerala High Court found the instant bail application to be infructuous, since it was filed under Section 438 of CrPC, and the petitioner was already arrested.
Punjab and Haryana High Court had issued notice to the State in March 2023 for alleged illegal detention of Amritpal Singh by the authorities.
The petition was filed by the sister of Mr. Raghwendra Pratap Singh, an Indian national who has been arrested in Uzbekistan and is hereby seeking consular access and legal representation.
Supreme Court has put a stay on the arrest of VC of Sam Higginbottom University of Agriculture, Technology and Sciences Dr. Rajendra Bihari Lal and Institute’s Director Vinod Bihari Lal in connection with a mass religious conversion case.