Transit Bail – Statutory Right or Judicial Innovation?
by Karan Joseph† and Anish John††
Cite as: 2023 SCC OnLine Blog Exp 16
anticipatory bail
[Section 438 CrPC] Bombay High Court | Abuses given on phone cannot be said to be within public view to attract the ingredients of offence punishable under Atrocities Act
When a law-abiding citizen is adopting legal procedure and has gone to the Police Station to lodge a report, but his report has not been taken, then, such a person/s deserves to be protected. When prima facie the offences are not attracting the provisions under the Atrocities Act, there was no question of the bar under Section 18 of the Atrocities Act
Interlocutory order in one case cannot be treated as precedent for cancellation of bail of accused in other cases: Supreme Court
Supreme Court has ordered that the Rajasthan High Court's impugned order being interlocutory in nature, shall not be treated as precedent for cancellation of bail granted to the petitioner in other cases, and the question of law was kept open to be decided in an appropriate case.
Allahabad High Court grants interim anticipatory bail to former Union Minister Swami Chinmayanand in a rape case
Allahabad High Court: In an anticipatory bail application plea filed by former Union Minister for Home Affairs and spiritual personality
Kerala High Court grants anticipatory bail to snake expert Vava Suresh accused of displaying a cobra while delivering speech at a college
Kerala High Court granted anticipatory bail to Wildlife conservationist and snake expert Vava Suresh accused under the Wildlife Protection Act, for displaying a highly poisonous cobra while delivering his speech at a Government Medical College
Kerala High Court | Courts should carefully analyse cases while dealing with pre-arrest bail pleas under SC/ST Act
It is shocking, rather a mind-blowing fact that many innocent persons are victims of false implication under the SC/ST Act
Supreme Court grants anticipatory bail to a woman accused of Bigamy
The woman has alleged that she has been falsely implicated in a case of bigamy and cheating, on the basis of a clerical mistake committed by the Bank agent who mistakenly entered the name of her business partner as her husband and Nominee.
Supreme Court grants anticipatory bail to man accused of rape after 10 years of courtship; sets aside Rajasthan High Court’s order
The Supreme Court, while allowing the special leave petition filed by the petitioner, set aside the order passed by the Rajasthan High Court which had dismissed the anticipatory bail application without considering the facts and circumstances of the case.
Allahabad High Court| Anticipatory bail is a statutory right not a Constitutional right; Successive anticipatory bail application not maintainable
Allahabad high Court: In a second anticipatory bail application for offences under Sections 363, 366, 376 of the Penal Code,
Allahabad High Court dismisses Politician Srikant Tyagi’s Anticipatory Bail plea in an alleged rape case
Allahabad High Court: In an anticipatory bail application filed by politician Srikant Tyagi for offences under Sections 366, 376 of
Karnataka HC issues guidelines for proper furnishing of surety for bail and prevention of fake sureties
Karnataka High Court: While deciding the instant matter arising out of a fake surety for bail which had been created
“Every judgment must be seen to its own context and facts, and the precedents cannot be applied universally to every case”; Allahabad High Court denies anticipatory bail to the applicant
Allahabad High Court: In an anticipatory bail application filed by the applicants for offences under Sections 420, 467, 468, 471, 386, 120-B,
Kerala High Court explains scope of grant of anticipatory bail in offences under SC/ST Act; true import of ‘knowing’ or ‘knowledge’ under Section 3(2)(va) of the Act
Kerala High Court: In an appeal relating to the grant of anticipatory bail for the commission of offences under Sections
No need to attach copies of judgments with pleadings; Delhi High Court requests drafting counsels to adhere to basic principles of pleading
Delhi High Court: In an application filed by Aakash Choudhary (‘petitioner’) seeking anticipatory bail, as FIR was registered against him
Bombay High Court| Mere seeds and leaves of a cannabis plant, cannot be included in the definition of Ganja
Bombay High Court: While deciding the instant application for anticipatory bail wherein the Court deliberated on what constitutes ‘Ganja' as
‘At least two of the issues require reconsideration’; Supreme Court agrees to hear review petition of PMLA verdict
Supreme Court: As Congress MP Karti P. Chidambaram has sought review of the 3-judge bench verdict on the Prevention of Money Laundering
“Strange paradox that applicant is area in charge of Aman Committee”; Delhi High Court declines anticipatory bail to main accused in Jahangirpuri riots on Hanuman Jayanti
It is a strange paradox that the applicant claims he is area in charge of “Aman Committee”, but has not joined investigation of offences which have defeated the very purpose and aim of such committee
Andhra Pradesh High Court | Mere allegations of pressure or harassment at workplace will not suffice to attract ingredients of S. 306 IPC; Proof of instigation and abetment is necessary
Andhra Pradesh High Court: Subba Reddy Satti J. granted anticipatory bail to the Chief Executing Officer (applicant-accused) as on perusal
Supreme Court holds “twin conditions” under Section 45 of PMLA reasonable: Applicability to anticipatory bail, non-cognizable offences discussed; Exception highlighted
Supreme Court: The 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar, JJ has, in 545-pages-long judgments, has dealt with various
No straitjacket formula for determining whether the consent was given under a misconception of fact or not; Tis Hazari Court grants anticipatory bail
Tis Hazari Court, Delhi: While deciding a bail application, Kamini Lau, J. granted anticipatory in a case where the complainant-girl was a