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“With anguish and pain, this Court observes here that the learned Magistrate as well as learned Additional District & Sessions Judge failed to exercise their discretion in right perspective and in a very casual manner, decided the bail applications, placed before them.”
Delhi High Court observed that one of the primary objects of bail was to secure the presence of the accused during trial. The accused has been in custody since 7-11-2024, has cooperated throughout the investigation, and there is nothing to suggest that he would abscond, interfere with evidence, or influence witnesses.
“The criminal misconduct attributed to the accused represents a grave breach of duty that is both disconcerting and intolerable in the public sphere.”
“The petitioner is grievously bereft of the invaluable opportunity to fulfill her natural and fundamental role as a mother the nurturing, upbringing, and intimate bonding with her child.”
The Court had granted bail to the accused whose bail had to be denied due to a typographical error.
These acts which are alleged against Kapil Wadhawan, if proven, are not merely violations of penal statutes, but subvert the very integrity of financial institutions and investor confidence. Such economic offences are not private disputes, but public wrongs that corrode the nation’s economic fabric.
The accused has continuously maintained that he had no knowledge of the parcel and was only collecting it for his neighbour. In this regard, he even showed the NCB officials the WhatsApp message sent to him by his neighbour instructing him to go to collect the parcel. The role ascribed to the accused appears confined to the act of collecting the parcel. There are no incriminating call records, financial transactions or digital communications that show that the accused had purchased any of the contraband seized from him.
“CrPC describes the manner and the extent to which a person can be denuded of his liberty and, therefore, needs strict compliance. Any violation of the prescribed procedure in the matter of arrest can, therefore, be declared as illegal.”
“Bail or jail belongs to the blurred area of criminal justice system which largely hinges on the hunch of the Bench, otherwise called judicial discretion. The Court should take cognizance of the fact that the liberty of an individual whose involvement has not been established in the commission of an offence, should not be lightly dealt with. Incarceration creates a concavity in the personality of an individual.”
It was not the prosecution’s case that any demand for dowry or any valuable security or other property was made by the accused. Rather, it was an admitted case that the only demand was to arrange Rs 50,000 to meet the legal expenses for applying bail of the husband and her father-in-law, who were in judicial custody.
“In matters of personal liberty, the High Courts are not expected to keep the matter pending for such a long time and do nothing, except for adjourning from time to time”.
‘Fact that the appellant is falsely implicated and has not committed any crime, can’t be verified by an Advocate as he was not present at the time of incident.’
The CCTV footage exhibited before the Court does not clearly reveal the shooter’s identity. Moreover, the forensic analysis of the CCTV footage and the Call Detail Records analysis of the accused’s mobile phone is still pending. Therefore, the Court refrains from drawing any conclusions at this stage.
Kerala High Court said that when a question of law or a point on merit is raised by the accused in a bail application, it is the duty of the bail court to decide that point. But that decision will be a prima facie finding at the bail application stage.
The petitioners have their families and are permanent residents of Coochbehar. Their earnings from their engagement are the sole source of their livelihood. In the said conspectus, prima facie, it does not appear that they would flee from justice or delay the investigation by abscondence.
The bail application of the Founder-Chairman has been denied for the fourth time. Earlier, his bail was denied twice by the Court and once by the Supreme Court.
“The arrest should be rational, fair and as per law and shall not be merely based upon guilt of accused established from inadmissible evidence.”
A quick legal roundup to cover important stories from all High Courts this week
A sensitive approach is required to be acquired by the Courts while dealing with the offences constituting bribery allegations against a public officer as the same minimizes the trust of the public in public servants who are duty bound to protect them.
“Nose is a crucial part of the human body with both functional and symbolic importance. It also holds social and cultural significance, being a prominent feature of the face that contributes to identity, appearance and self-esteem.”