Incarceration Archives

Bombay HC grants bail to man arrested for fraud for having suffered incarceration beyond the maximum sentence period

The Court referred to Niranjan Singh v. Prabhakar Rajaram Kharote (1980) 2 SCC 559, wherein it was explained that no lexical dexterity nor precedential profusion is needed to come to the realistic conclusion that he who is under the control of the court or is in the physical hold of an officer with coercive power is in custody for the purpose of Section 439, CrPC.

Case Briefs Supreme Court

Supreme Court grants bail to 25-year-old man after over 16 months of incarceration in rape case

The Rajasthan High Court had dismissed the petitioners’ second bail application on 12-07-2023.

Case Briefs

Decide all 350 bail applications in one go, Supreme Court directs Allahabad HC to expeditiously dispose of bail applications in cases pending for 10 years and 14 years

Supreme Court: On being appraised of high number of pending bail applications in 10-14 years old cases, the Division Bench of Sanjay

Case Briefs High Courts

‘Arrest, incarceration destroys a person and affects innocent relatives’: Del HC sentences police officer to 1-day SI for contempt of court, breach of directions in Arnesh Kumar case

Delhi High Court: Najmi Waziri, J., observed that “Arrest and incarceration destroys a person and collaterally affects many other innocent relatives. Subsequent release

Case Briefs High Courts

All HC | 20 yrs in jail for no reason? HC reverses conviction of rape accused; Directs matter to be placed before CJ for considering periodical listing of appeals of those in jail for more than 10 or 14 yrs

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Gautam Chowdhary, JJ., has requested the Registrar (Listing) through the Registrar

Case Briefs High Courts

Bom HC | Whether a convict who has challenged his conviction under S. 374 CrPC is entitled to benefit under S. 436-A CrPC?: Full Bench discusses

Bombay High Court: A Full Bench of Dipankar Datta, CJ and R.K. Deshpande and Sunil B. Shukre, JJ., answered the question referred

Case Briefs High Courts

Pat HC | Limitation to file revision application denied condonation on grounds of unexplained delay

Patna High Court: Ahsanuddin Amanullah, J. disposed of the revision petition saying that the Court did not find any ground to condone

Conference/Seminars/Lectures Law School News

NLSIU | Caging Dissent: A Discussion on the Incarceration of Prof. G. N. Saibaba

Reported by Apurva Singh