Bail Archives

‘Law should not become a ruse for targeted harassment’; SC reminds Courts of their duty to ensure human liberty

“Liberty survives by the vigilance of her citizens, on the cacophony of the media and in the dusty corridors of courts alive to the rule of (and not by) law. Yet, much too often, liberty is a casualty when one of these components is found wanting.”

Case Briefs Supreme Court

Anvay Naik Suicide| High Court abdicated it’s duty by failing to make prima facie evaluation of FIR. Here’s why SC granted interim bail to the accused

“The remedy of bail is the solemn expression of the humaneness of the justice system.”

Case Briefs High Courts

J&K HC | Gravity of offence committed or Societal Impacts of the same cannot be the sole ground for rejecting a bail application; Petition allowed

Jammu and Kashmir High Court: Sanjay Dhar J., while allowing the present petition, reiterated the scope and power of the High Court

Case Briefs Supreme Court

SC grants interim bail to 3 accused in Anvay Naik suicide case. Calls Bombay HC order erroneous

Supreme Court: After a day-long hearing in the matter relating to the arrest of Republic TV Editor-in-Chief Arnab Goswami, Feroz Mohammad Shaikh

Case Briefs High Courts

[Arnab Arrested] Bom HC | Read Court’s elucidation on “Power of Superintendence” while rejecting interim bail to Arnab Goswami in abetment of suicide case

Bombay High Court: A Division Bench of S.S. Shinde and M.S. Karnik, JJ., while denying interim protection to Arnab Goswami in a

Case Briefs High Courts

[Triple Talaq] Bom HC | Bail denied to Muslim Man accused of giving divorce illegally in violation of The Muslim Women (Protection of Rights on Marriage) Act, 2019

Bombay High Court: Sarang V. Kotwal, J., while denied bail on the light of giving divorce in violation of the provisions of The

Case Briefs High Courts

Chh HC | Bail granted to accused under POCSO Act on grounds of non-objection by the victim/ complainant

Chhattisgarh High Court: Prashant Kumar Mishra J., allowed the application and granted bail in the matter concerning offence under Protection of Children

Case Briefs High Courts

Pat HC | Party’s conduct lacks bonafide and was only with the view for the court to interfere and grant indulgence, Court has been misled; anticipatory bail denied

Patna High Court: Ahsanuddin Amanullah, J., dismissed an application for grant of pre-arrest bail to the petitioners. The petitioners apprehend arrest in

Case Briefs High Courts

HP HC | Exclusive and conscious possession of contraband substance under NDPS Act can be a deterring ground for grant of bail; petition dismissed

Himachal Pradesh High Court: Chander Bhusan Barowalia J., while rejecting the present petition observed that the ingredients of Section 37 NDPS Act

Case Briefs High Courts

Jhar HC | Clarifying the objective of not granting bail to an approver and concurrent jurisdiction of a Special Court while exercising power under S. 306 CrPC, Court dismisses appeal under S. 21(4) NIA, Act

Jharkhand High Court: A Division Bench of H.C. Mishra, Rajesh Kumar, JJ., while dismissing the present appeal, discusses the power of Court

Case Briefs Supreme Court

SC| Courts cannot adopt a rigid or formalistic approach while interpreting Section 167(2) CrPC. Read why

Supreme Court: Interpreting Section 167(2) CrPC, the 3-judge bench of UU Lalit, MM Shantanagoudar and Vineet Sarah, JJ has said that the

Case Briefs High Courts

Pat HC | Seriousness of “alleged” offence cannot be made a ground for rejecting bail under Juvenile Justice Act, 2015

Patna High Court: In an application challenging the order of rejection of bail passed by Additional Sessions Judge, Ashwani Kumar Singh, J.,

Case Briefs High Courts

Kar HC | Whether the indefeasible right of an accused to seek compulsive bail under S. 167(2) CrPC is defeated by the unilateral extension of time by the Court; HC elaborates

Karnataka High Court: John Michael Cunha, J., while allowing the present application for bail under Section 439 Criminal Procedure Code, 1973 made

Case Briefs High Courts

Kar HC | ‘In certain cases the first duty of police officer is to arrest accused and collect evidence, and not registration of FIRʼ; Court dismisses bail application pleading procedural irregularities

Karnataka High Court: Sreenivas Harish Kumar, J., while dismissing a criminal petition for enlargement on bail, said, “There are prima facie materials

Case Briefs Supreme Court

SC| Right to default bail under the first proviso to Section 167(2) CrPC not a mere statutory right but a fundamental right

Right to default bail a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) are fulfilled.

Case Briefs Supreme Court

Law Student Sexual Assault case| SC sets aside All HC order; says copy of the statement of victim could not have been provided to Swamy Chinmayanand

“In such matters utmost confidentiality is required to be maintained. In our view, the High Court completely failed in that behalf.”

Case Briefs High Courts

Bom HC | Will giving money to another for consuming drugs mean “financing” or “harbouring” as envisaged under S. 27 A of NDPS Act? Read HC’s verdict granting bail to Rhea Chakraborty

Bombay High Court: Sarang Kotwal, J., while addressing the bail application filed by Actor Rhea Chakraborty in the Sushant Singh Rajput death case,

Case Briefs High Courts

AP HC | Under what conditions can ban for granting bail continue for an offence under NDPS Act? HC reiterates SC’s position in light of S. 37 NDPS Act

Andhra Pradesh High Court: M. Satyanarayana Murthy, J., addressed a petition while reiterating the Supreme Court’s position in regard to Section 37 of

Case Briefs High Courts

HP HC | “Synergy of law with technology is the next big thing”; Stringent conditions laid down while granting bail to ‘foreign nationals’ and securing their presence during trial in light of Art. 21 of Constitution

Himachal Pradesh High Court: Anoop Chitkara, J., granted bail to the undertrial Nigerian national subject to very stringent conditions. The facts of

Case Briefs High Courts

Gau HC | Offences under POCSO Act are unpleasant and must be tackled with due consideration of all aspects, lest the society lose faith in the administration of justice

Gauhati High Court: S. Hukato Swu, J. rejected the petition of the petitioner and refused him bail. The factual background of the