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“It is high time to send a strong signal to the society at large to be more vigilant on women and children belonging to weaker sections of the society.”
“The investigation conducted so far indicates that the accused might not be a citizen of India, and as such might not be able to procure sureties, or amount to furnish personal bonds, or amount in lieu of surety(s). By foreseeing such a likely possibility, in the event of non-furnishing of the bonds, the accused cannot be kept in jail for an indefinite period”.
In the present case, the accused belonged to the Deprived Scheduled Caste category and was charged with voluntarily causing simple as well as grievous injuries to the person also belonging to Scheduled Caste category by criminally trespassing into his premises.
The nuanced contours of exceptional circumstances are inextricably woven into singular factual matrix of each case, upon the Court’s discretion, and there may be multitude of factors resulting an accused to file, maintain and pursue his regular plea before the High Court straightaway.
The way trial proceedings are being carried out appears to be in derogation of the principles of fair trial.
“No High Court or Trial Court shall pass any order granting regular bail or anticipatory bail based on an undertaking by the accused or their family members to deposit a particular amount. All such pleas shall be decided strictly on their own merits, in accordance with law.”
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.
“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.”
“The Courts have consistently held that while considering bail in cases involving sexual offences against minors, the traumatic effect on the victim and the possibility of the accused influencing or intimidating the victim or witnesses must be given due consideration.”
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 accused, a 32-year-old MBA graduate from Indian Institute of Management, Lucknow, was incarcerated for almost two months for drunk driving, violating check posts and damaging police barricades.
The Court refrained from commenting on the merits of the contentions of either party, as trial was pending in the matter.
“The petitioner was the mastermind of the criminal conspiracy, whereas the co-accused, who have been enlarged on bail, are merely middlemen who assisted the petitioner in carrying out the conspiracy.”
Allahabad High Court said that the applicant is used to filing multiple applications and petitions at various forums including the High Court. These acts are a classic example of forum shopping, and it cannot be permitted to keep on going so eternally.
While the applicant’s right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.
The Convict was released on regular bail on 29-09-2020, however, the jail authorities did not open the E-mail containing the bail order.
There is a reasonable possibility that the appellant was one of the links in the network of people who were cognizant of the plan to trigger terrorist activity by using such bombs and explosives and causing loss of life.
The Court said that Teesta Setalvad had started her career as journalist and prima facie it seemed that by using victim and witnesses as ladder for her own benefits, she had ultimately reached on to Padmashree to become Member of Planning Commission.
Punjab and Haryana High Court was cautious of apparent concealment of registration of an existing case against the petitioner which lacked any explanation on part of the petitioner.