2023 SCC Vol. 7 Part 4
Constitution of India — Arts. 14, 15 and 16 — Reservation — Sub-classification: T.N. Special Reservation of Seats in Educational Institutions including
anticipatory bail
‘Courts cannot be used as marriage facilitators’; Delhi High Court denies anticipatory bail to man accused of raping woman on pretext of marriage
“The Courts cannot be used as a forum for pressurizing the accused to get married to the victim or be denied bail, or by the accused for obtaining bail by asking the complainant to appear before the Court and state that he was ready to get married to her.”
Accused cannot seek anticipatory bail without successfully assailing order declaring him a proclaimed offender: Supreme Court
There was a declaration of the accused as a proclaimed offender, and such declaration was subsisting on the date of the impugned order, thus, the Supreme Court disagreed with the High Court that the accused was entitled to ‘reform and course correct’.
Supreme Court directs HCs and DGPs of all States to ensure Arnesh Kumar guidelines are issued to lower courts and police authorities to prevent unnecessary arrests
Supreme Court opined that the Jharkhand High Court fell into error in adopting such a casual approach and set aside the impugned order. Thus, granted bail to the husband.
Delay of nine months in lodging of FIR by wife; Delhi High Court grants anticipatory bail to husband accused of rape, sexual harassment, cruelty
“During the said period of trial, there is no occasion for the applicant to keep him languishing behind the bars, as it would serve no purpose especially in view of the aforesaid and as it is a trite law that no person is presumed guilty until proven otherwise.”
Police SI Recruitment Exam| “No leniency with bail petitions of cyber-thugs”: Punjab and Haryana High Court
“If this scam had not come to light, so many corrupt and unethical people would have got appointed to the sensitive post of Sub Inspector by giving money.”
SIT to investigate Rs. 50 Crore Gurugram Land scam; Supreme Court sets aside Punjab & Haryana HC’s anticipatory bail order
“Offences of forging documents for transferring ownership of land worth crores are grave in nature. Hence, while it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyse the seriousness of the offence and determine if there is a need for custodial interrogation.”
Mass religious Conversion Case: Supreme Court extends stay on arrest of SHUATS VC and Director till further orders
Supreme Court extended the time to file the counter affidavit to four weeks.
SC disapproves trend of Courts imposing pre-condition for deposit of disputed money for pre-arrest bail in cheating cases
The Supreme Court reminded the High Courts and the Sessions Courts not to be unduly swayed by submissions advanced by counsel on behalf of the accused in the nature of undertakings to keep in deposit/repay any amount while seeking bail in Cheating cases.
Fatwa to kill Waseem Rizvi for renouncing Islam: Read why Allahabad High Court denied anticipatory bail to Maulana Syed
Allahabad High Court remarked that Maulana Syed claims himself to be an Islamic religious scholar and he has claimed that he had made the statements “In light of the provisions of Holy Quran and Islamic jurisprudence” and “In the light of Shia school of thought, philosophy & jurisprudence” but he has not referred to a single verse of the Holy Quran.
Orissa HC refuses anticipatory bail to man alleged of outraging religious feelings of Muslims by raising provocative slogans on Hanuman Jayanti
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 grants anticipatory bail to Vikas Malu, in a rape case filed by wife, who also accused him of killing Satish Kaushik
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.
Husband accused of sharing wife’s ‘obscene videos’ with partner in extra-marital affair; Punjab and Haryana High Court grants anticipatory bail
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.
Supreme Court grants anticipatory bail to Police Constable in a Destruction of Property and Dacoity case
Supreme Court considered the fact of inordinate delay of 3 years in filing the FIR.
Death of victim cannot be termed as “not under normal circumstances”; Allahabad High Court grants anticipatory bail in dowry death case
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.
“Corruption must be dealt with iron hands”; SC sets aside Gujarat HC order granting anticipatory bail to IRS officer Santosh Karnani
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 | Supreme Court extends anticipatory bail granted to POCSO accused
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.
‘Injured lawyer’s complaint cannot be dismissed because he has drafting skills’; Delhi High Court denies anticipatory bail plea
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.