Category

Bail
Brief Facts The Appellant (Editor of an online news channel) published a video on YouTube, levelling certain allegations against the Complainant. The Complainant MLA, representing the Kunnathunad constituency (seat reserved for the members of the Scheduled Castes)  aggrieved by the aforesaid video, filed a complaint,  alleging commission of offences u/s 3(1) (r), (u) of the...
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Brief Facts FIR lodged by the complainant/appellant, while the respondent was already in custody for another case. Apprehending arrest, the accused applied to the Bombay High Court for anticipatory bail. Application was opposed by the Complainant on the ground of maintainability as the person was already in jail for another case, he should not be...
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Issues Whether the imposition of condition for deposit of bank guarantee, as a pre-condition for bail is sustainable? Held Such pre-condition of deposit of an amount or furnishing a bank guarantee has been the subject matter of consideration by this Court in a number of cases, where condition of pre-deposit has been held to be...
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NOTE : In the SLP (Criminal) no. 5724/2023, the Supreme Court has rendered this judgement as non-binding precedent. Brief Facts The writ petition under Article 32 of the Constitution of India was filed by the petitioner seeking the release of her husband on default bail. Briefly, the facts relevant to the present writ petition are...
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Brief Facts In 1995, in a bomb blast the then Chief Minister of Punjab Shri Beant Singh, along with 16 others, lost their lives and a dozen others was injured. The present petitioner was arrested with respect to the said incident on 27.01.1996. The Trial Court convicted the petitioner for offences under Sections 120-B, 302,...
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Brief Facts The Appellant was an Inspector of the Police Station where the FIR was registered against the accused therein for offence under sections 376, 506 of I.P.C and sections 3 and 4 of POCSO Act. The FSL Report was forwarded to the appellant with a note that DNA examination as per guidelines be undertaken....
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Brief Facts The High Court had rejected the anticipatory bail application filed by the accused. Thus, feeling aggrieved by the same, the accused-appellant approached the Supreme Court. Issues Whether the Courts should peruse the evidence in detail while deciding bail applications? Whether reserving the orders in bail application is contradictory to fundamental rights? Held The...
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Brief Facts The appellant has been charged for alleged commission of offences under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appeal was preferred before the Apex court against the impugned order dismissing the bail application of the applicant primarily on the ground that the co-accused who was earlier released on...
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Brief Facts The Appellant was an accused for an offence under section 4 of the PMLA and had approached the Apex Court seeking bail. It was alleged that the Appellant is in possession of Rs. 30 Lakhs in his bank account which was received through an illegal act. The Appellant contended that the said money...
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Brief Facts The appeal was filed by the Original Complainant, uncle of the minor prosecutrix, challenging the bail granted to the accused who was alleged of gang-raping a minor girl in a hotel and had also prepared the video of the incident. Thereafter, the accused raped the prosecutrix on several occasions by threating her to...
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