Bringing you the Best Analytical Legal News
Rhea Chakraborty and others including her brother Showik Chakraborty were accused of having facilitated the procurement of drugs for consumption by late actor Sushant Singh Rajput.
Delhi High Court observed that at the stage of bail, the mini trial is totally prohibited. However, the record amply indicates that Leena Paulse was involved in the organized crime syndicate. It is unbelievable that such huge amount of money were coming in her account and she was accepting the same only as a dutiful wife.
Supreme Court also considered the fact that the inter-faith couple had jointly approached the High Court seeking police protection.
The Court was considering a bail petition wherein the petitioner was accused of murdering her husband.
The gravity of the allegations against the petitioner are very serious in nature and in view of the peculiar facts, the Court opined that this matter must be visited with a different approach as a deep-rooted conspiracy involving huge loss of public funds has been alleged.
Section 41 and 41A of CrPC are facets of Article 21 of the Constitution of India
Gujarat High Court had rejected Regular Bail plea of Civil Rights Activist Teesta Setalvad and had directed her to surrender immediately.
The applicant was arrested in connection with the case registered under Section 21(b) and 29 of the NDPS Act.
The action came following the Supreme Court’s decision, wherein the Court allowed the appeals arising out of the order for de novo investigation and set aside the directions issued in the original petition for de novo investigation. Further, the Court allowed the ED to continue its investigation.
Kerala High Court noted that as against the condition not to involve in any other crime while on bail, the petitioner got involved in a similar crime.
The principle that Bail is a rule and Jail is an exception has been well recognised by Supreme Court more specifically on the touch stone of Article 21 of the Constitution
The petitioner was seeking interim bail for a period of six weeks in a case registered for the offences punishable under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002 on the ground of illness of his wife Mrs. Seema Sisodia.
Delhi High Court observed that while grave allegations have been made qua the applicant with regard to connivance/conspiring with the promoters and other co-accused, no allegation with regard to his receiving benefits has been made.
At this stage of bail, it can hardly be said with any conviction that the promise of marriage made by the petitioner to the prosecutrix is ex-facie false; and that it has been made in bad faith, with no intention of being adhered to when it was given.
“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding stepping into the witness box.”
The Court noted that the Doctor was in the habit of issuing the Medical Certificates in the name of different hospitals to aid prisoners in filing applications for bail before the Court of law.
The Court observed that Sisodia’s position of power creates a sense of fear that he may try to sway the witness who would be testifying against him.
The Court strictly observed that in India, Gurus/teachers are considered akin to God and the Government Teacher’s perverse acts have created fear in the minds of the parents of minor girls students.
Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.