Rajasthan High Court grants bail to accused in POCSO case where victim allegedly eloped willingly
In the case at hand, it is evident from the Medical Ossification Report that the victim’s age is between 16-18 years.
Regular Bail
Prolonged incarceration cannot entitle allowance of successive bail: Punjab and Haryana High Court denied bail in SFIO investigation case
“A second/successive regular bail application cannot be rejected solely on the ground of maintainability thereof, but for such petition to succeed, the petitioner is required to show some substantial change in circumstances.”
Failure to videograph recovery weakens prosecution case: Allahabad HC Grants Bail, Directs UP DGP to issue SOP
“It is clear that police has not conducted any videography of the recovery of motorcycles from the applicant or preparation of list of seized motorcycles, though, same is mandatory.”
Denying bail solely because accused lacks permanent residence is miscarriage of justice: Punjab and Haryana High Court
‘In our country, there are hermits and sages who do not have permanent homes or residences and stay in ashrams, and even those people can be and have been arraigned as accused.’
Inside Karnataka HC’s order rejecting bail of a married man accused of sexually assaulting Scheduled Caste minor
“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.”
‘Once released on bail, prisoner’s custody beyond necessary period is illegal’; Punjab & Haryana HC grants bail to an alleged undocumented Bangladeshi migrant
“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”.
Punjab & Haryana HC grants bail in SC/ST Act case; Questions applicability of Act against accused belonging to deprived scheduled caste
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.
Bail plea filed directly before High Court can be entertained in exceptional circumstances’: P&H HC grants bail to Income Tax Officer in bribery case
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.
P&H HC seeks explanation from Trial Judge regarding delay of seven weeks in conducting cross-examination of key witness
The way trial proceedings are being carried out appears to be in derogation of the principles of fair trial.
Supreme Court clarifies bail granting procedure, rules out undertakings as basis for regular or anticipatory bail
“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.”
‘Such offences destroy public confidence in financial system’; Delhi HC denies bail to DHFL promoter Kapil Wadhawan in Rs 34,926 Crores bank fraud case
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.
J&K and Ladakh HC grants bail to Sarpanch in wife’s murder case, Citing lack of credible evidence
“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.”
‘Will defeat purpose of POCSO Act’; Bombay HC denies bail to man for allegedly committing aggravated penetrative sexual assault on minor boy
“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.”
Crucial for Courts to be conscious of accused’s right to speedy trial, rather than waking up too late and lament that such right is defeated: Delhi HC
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.
Bombay HC grants bail to IIM graduate for drunk driving; directs community service holding a ‘Don’t Drink and Drive’ banner
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.
Delhi High Court grants bail to 68-year-old rape accused
The Court refrained from commenting on the merits of the contentions of either party, as trial was pending in the matter.
‘Doctors are referred as “next to God”; Delhi High Court refuses bail to neurosurgeon at Safdarjung Hospital relating to medical equipment conspiracy
“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.”
[Forum Shopping] Filing anticipatory bail application, while a regular bail application is pending, is misuse of Court’s process: Allahabad HC
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.
[PMLA] Delhi High Court refuses bail on medical grounds; Directs Jail Superintendent to ensure safety of the accused
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.
Wrongful detention | Gujarat HC grants 1 Lakh compensation to prisoner who spent 3 years in jail after Bail
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.