
Chhattisgarh HC denies bail to three accused allegedly involved in 2023 IED Blast Case
“Mere prolonged detention or socio-economic hardship cannot outweigh the serious and grave nature of allegations involving offences against national security.”
“Mere prolonged detention or socio-economic hardship cannot outweigh the serious and grave nature of allegations involving offences against national security.”
The Court called out the disturbing trend of extending undue benefit of deliberate procedural lapses at the initial stage of a crime.
“A judicial system has less than sufficient resources to afford justice without unreasonable delay to those having genuine grievances.”
“As a reformative approach to re-include the accused-applicant back in the society with a better vision, aim and zeal in life, this court deems it fit to impose an ancillary condition upon the applicant.”
“The accused is in jail since 11-09-2023. None of the parties have brought on record the current status of the trial. The accused is not a hardened criminal who can pose any threat to the safety of society. He has sufficient assets and is not at flight risk. He appears to be senior citizen as well.”
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The Court was not inclined to grant the accused regular bail owing to the seriousness of the allegations but was equally mindful of the humanitarian dimensions of criminal jurisprudence.
“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”
“The State cannot have any objection to the accused and his wife residing together inasmuch as they have been married as per the wishes to their respective parents and families.”
The applicant in his WhatsApp chat with his accountant, has stated about the stay granted by the Bombay High Court, and from the chats, it is clear that after the date of the fabricated orders, huge amounts are transferred to his and his friends/associates accounts.
‘Unless an order of remand under Section 187of the BNSS is passed, the initial arrest of the arrestee beyond the period of 24 hours from the time of his arrest will become illegal.’
Counsel for the respondent stated that a total amount of Rs 95,00,000 has been paid to the witnesses/complainants by the applicant.
“In matters of personal liberty, the High Courts are not expected to keep the matter pending for such a long time and do nothing, except for adjourning from time to time”.
“When individuals, driven by financial inducement or otherwise, seek to breach this trust by serving as conduits to foreign agencies, amounts to an act not only of grave criminality but of betrayal to the nation.”
The Court stated that the fact remained that seven patients were forced to undergo the procedure of angioplasty without their wish and without any need in some cases. Furthermore, the material on record suggested that no proper post operational care was taken.
The Court directed thatImmediately on release he shall delete all the offensive messages and refrain from making any vituperative or disparaging comments against women in any of the social media platform.
The Court observed that accused prima facie seems to be involved in organized narcotic network and has been frequently in touch with the main supplier of the contraband and with the receiver of the contraband.
Even after assuming, that such relationship existed between petitioner and his sister-in-law, or demeaning language in reference to the deceased, was exchanged via WhatsApp between them, these facts, stand alone, do not, prima facie, disclose the specific ingredients of cruelty or harassment related to dowry demand.
“A person who indulges in facilitating leakage of question paper relating to competitive examinations, plays with the career and future of lakhs of young aspirants, who are ‘burning the midnight oil’ to prepare for competitive exams. Such an act is more heinous than an offence of murder because by killing a person, only one family gets affected but by ruining the career of lakhs of aspirants whole society is adversely impacted.”
A quick legal roundup to cover important stories from all High Courts this week.