allahabad high court
Case BriefsHigh Courts

A child enjoys equal rights with other persons. Therefore, it would be in violation of all the principles and provisions to deny an opportunity to exercise the right of preferring an application under Section 438 CrPC.

orissa high court
Case BriefsHigh Courts

Provocative slogans were raised giving rise to communal disharmony leading to arson and bloodshed during the procession on the occasion of Hanuman Jayanti.

delhi high court
Case BriefsHigh Courts

Delhi High Court observed that if the petitioner raped the victim forcibly in the month of February 2019 then it is difficult to digest that she would accompany the petitioner to Chandigarh in the last days of February to attend Celebrity Cricket League and meet the celebrities.

Punjab and Haryana High Court
Case BriefsHigh Courts

the Inquiry Officer found during pre-registration inquiry that the obscene videos were prepared by the complainant herself, but after registration of FIR, the Investigating Officer viewed that the videos and photographs were prepared by the husband on his own mobile in connivance with the co-accused.

trespassing and destruction of property
Case BriefsSupreme Court

Supreme Court considered the fact of inordinate delay of 3 years in filing the FIR.

allahabad high court
Case BriefsHigh Courts

Section 438 was inserted in CrPC as it was seen that the influential persons try to implicate their rivals in false cases for the purpose of disgracing them by detaining them in jail for some time. It is true, such powers are to be exercised in exceptional cases. The prosecution cannot be permitted to be converted into an arena to settle scores.

bail to irs officer
Case BriefsSupreme Court

When there is prima facie satisfaction that there is something more than a mere needle of suspicion against the accused, the Court cannot jeopardise the investigation, more so when the allegations are grave in nature.

minor rape case
Case BriefsSupreme Court

The Patna High Court had rejected the petitioner’s anticipatory bail in this matter, while the Supreme Court granted protection to the petitioner against arrest on 16-12-2022.

Delhi High Court
Case BriefsHigh Courts

The Delhi High Court reprimanded the contention of the applicant stating that since the complainant was a lawyer and was, thus, well aware about nuances of writing a complaint and had, therefore, twisted the facts and police had lodged a false complaint against the applicant. It was opined that a person’s profession of being an advocate cannot be held against him.

Delhi High Court
Case BriefsHigh Courts

Delhi High Court noted that the applicant was working at Justdial in December 2016 as a Relationship Manager and was actively involved in supplying data to his co-accused persons and his link with the said co-accused persons.

Allahabad High Court
Case BriefsHigh Courts

Allahabad High Court said that keeping cows and calf as pet animals is a common practice in the villages irrespective of caste, creed and religion

Patna High Court
Case BriefsHigh Courts

The Patna High Court rejected the anticipatory bail plea of an IPS Officer who hired a conman to pose as the as the Chief Justice of the Patna High Court and to make calls to other officers for taking decision in his favour in a corruption case against him.

Bail
Case BriefsSupreme Court

The Supreme Court observed that the Bombay High Court disregarded the nature and gravity of the alleged offence as well as the the financial stature, position and standing of the accused vis-à-vis the prosecutrix.

Manipur High Court
Case BriefsHigh Courts

The Manipur High Court rejected anticipatory bail to the elected Ward members of the Panchayat who were charged for fraudulently misappropriating huge Government money.

Case BriefsSupreme Court

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.

Allahabad High Court
Case BriefsHigh Courts

Allahabad High Court said that it cannot close its eyes to the fact that the material evidence has been collected regarding mass conversion of persons and this case has taken a far more serious turn where the victims are coming forward to give evidence, thus, in case anticipatory bail is granted, same would hamper process of investigation.

Case BriefsSupreme Court

Supreme Court said that there is no reason to deviate from the view taken in the previous decisions of this Court, thus granted anticipatory bail to the accused without imposing any condition as suggested by Additional Solicitor General

Case BriefsSupreme Court

The Supreme Court stated that in the case of an economic offence which has a severe impact on the society, the Courts should be very slow in exercising the discretion under Section 438 of CrPC.

Case BriefsSupreme Court

Supreme Court in a case pertaining to allegations of cheating and criminal breach of trust, held that the accused is entitled for anticipatory bail, and directed the Investigating Agency to follow the procedure prescribed under CrPC for investigation against the disabled person

Transit Bail – Statutory Right or Judicial Innovation?
Experts CornerShardul Amarchand Mangaldas

by Karan Joseph† and Anish John††
Cite as: 2023 SCC OnLine Blog Exp 16