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In the present case seeking regular bail by the accused, the charge-sheet comprising about 10,000 pages was filed over 1 year ago citing 49 prosecution witnesses, but charges are yet to be framed. Therefore, the Court stated that it is obvious that trial will take a long time to conclude.
“The right of a prisoner, whether convicted or under trial makes no difference to temporary leave of absence to attend burial/funeral of a close relative is rooted in the principle of humane treatment and the inherent dignity as a human being. This right does not differentiate between the two categories of prisoners.”
A quick legal roundup to cover important stories from all High Courts this week.
“Petitioner is a person with family ties and is not a flight risk. Nature of prosecution evidence is mostly all documentary in nature, which has been seized and there is no likelihood of tempering with the same.”
“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”
“The Tamil Nadu Government to prevent the exploitation of women and trafficking of women, has enacted an Act, viz., the Immoral Trafficking (Prevention) Act, 1956. This Act has been enacted with an aim to prevent the commercialisation of vices and the trafficking of females. This Act does not declare sex work as illegal. However, it prohibits running of brothel centres.”
Arvind Kejriwal was granted bail by the Trial Court in the money laundering case on 20-06-2024. However, the Delhi High Court issued an interim stay on the grant of bail the following day after the ED moved a plea. Following this, he was arrested by the CBI on 26-06-2024 and remanded to CBI custody till 29-06-2024
Central Board of Investigation submitted in the Court that K Kavitha was not responding to them.
On 21-03-2024, Delhi Chief Minister Arvind Kejriwal was arrested by the ED for his alleged involvement in the Delhi Liquor Excise Policy scam. After the ED’s remand extension expired on 01-04-2024, Rouse Avenue Court extended judicial custody for Kejriwal till 15-04-2024
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
The petition under Section 43D(2)(b) First proviso of UAPA Act seeking extension of remand order was filed by the respondents a day before the elapse of the 90- days period.
The applicant behind bars will be violative of Article 21 as the status of the applicant is merely that of a suspect till the outcome of the proceedings emanating therefrom as the applicant is innocent till proven guilty.
The Court said that extension of remand, particularly after adding new Sections constituting a serious offence, is not a bare formality.
The Manipur High Court held that where a person is taken into custody by an order of Magistrate, then such order cannot be challenged by Writ of Habeas Corpus as the detention cannot be termed as illegal.
While quoting “Can the blind lead the blind? Will they not fall into a pit?”, the Madras High Court said that the first blind person in this case is the Sessions Judge, who was guiding the Magistrate, who was also blind, due to ignorance of the legal position and ultimately, both fell in a pit, leading to illegal and non est orders passed by the Magistrate.
The case involves illegal international telephone exchange setup was found in Chawri Bazar, Old Delhi run by one Zulifiqar Ali alias Raja by using new era software-driven technology for routing calls from foreign countries like USA, UAE, Canada, Australia, etc. to India via illegal route of internet by passing the legal international and national call gateways of India.
The Delhi High Court held that grant of bail should not be considered only when the person was in the condition of dying and the authorities should not give long dates to the prisoners for their medical check-up and instead act with promptness, so that check-up could be conducted early.
Any irregularity or illegality in the remand order is not a statutorily sanctioned reason for grant of default bail
Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that under Section 167 of the Code of
Patna High Court: In a writ petition concerning the transgender community, the division bench of Sanjay Karol, CJ. and S. Kumar, J.