Search Results for "Regular Bail"

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Search Results for "Regular Bail"

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Supreme Court

Supreme Court Directs States to Ensure Free Legal Aid to Prison Inmates Under Article 21 and 39-A of the Constitution — Access to Justice for Indigent Prisoners is a Fundamental Right. The Court held that free legal assistance is a fundamental right even if not requested, and Magistrates must inform accused of this right.

4 Oct 2024

The present writ petition under Article 32 of the Constitution was filed by Suhas Chakma seeking directions to the Union of India, States, and Union T...

High Court

Bombay High Court Rejects Second Bail Application in Economic Offence Case Due to No Change in Circumstances. Applicant's Role as Director in Fraudulent Transactions Upheld; Gravity of Offence Precludes Bail.

1 Feb 2024

The applicant, Waryam Singh Kartar Singh, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wit...

Supreme Court

Supreme Court Allows Anticipatory Bail in Dowry Case, Emphasizes Distinction Between Power to Arrest and Justification for Arrest. The court set aside the High Court's order rejecting anticipatory bail and directing surrender, holding that the High Court failed to consider that the charge-sheet had been filed and the appellant had cooperated with investigation.

26 Jul 2023

The appellant, Md. Asfak Alam, was married to the second respondent on 5 November 2020. Alleging interference by the wife's father, the appellant lodg...

Supreme Court

Supreme Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 — Search Conducted Without Informing Right to be Searched Before a Magistrate or Gazetted Officer. Non-compliance with Section 50 of the NDPS Act renders the search illegal, and the accused is entitled to bail under Section 37 as there is no prima facie case.

4 May 2023

The appellant, Atulbhai Vithalbhai Bhanderi, was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession of...

Supreme Court

Supreme Court Sets Aside Anticipatory Bail in Dowry Death Case Due to Accused's Absconding Conduct and Erroneous Parity Application. High Court Overlooked Material Differences in Allegations and Need for Free Investigation Under Sections 304B and 302 IPC, Granting Bail Mechanically Without Cogent Reasons.

4 Oct 2021

The Supreme Court of India heard a criminal appeal challenging the High Court of Punjab and Haryana's order granting anticipatory bail to the responde...

Supreme Court

Supreme Court Quashes Anticipatory Bail Orders in Fraud Case Due to Erroneous Legal Interpretation by High Court. High Court's grant of anticipatory bail was based on incorrect view that Magistrate's order under Section 156(3) CrPC was invalid for non-examination of complainant under Section 200 CrPC, which the Supreme Court held unsustainable as such order can precede cognizance.

26 Jul 2021

The Supreme Court heard a batch of four criminal appeals arising from anticipatory bail orders granted by the Bombay High Court. The appellant, a comp...

High Court

High Court of Karnataka Grants Bail to Accused in Murder Case Due to Parity with Co-Accused Already Released on Bail. Principle of parity applied under Section 439 Cr.P.C. for offences under Sections 302, 307, 326, 324, 504, 427, 149 IPC.

19 Jan 2017

The petitioners, accused Nos. 3, 5, 6, 8, 10 and 15, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) see...

High Court

High Court of Karnataka Dismisses Petition for Cancellation of Bail Filed by Complainant's Wife — Locus Standi Under Section 439(2) CrPC Not Available to Private Complainant. The court held that only the court or the prosecution can seek cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973, not a private individual.

21 Nov 2013

The petitioner, Smt. Kashibai, wife of the deceased, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973, seeking c...

High Court

Bombay High Court Grants Bail to Accused in MCOCA Case Due to Lack of Satisfactory Material and Long Incarceration. The court held that the twin conditions under Section 21(4) of MCOCA were not satisfied as there was no material to show the applicant was a member of an organised crime syndicate.

2 Aug 2012

The applicant, Pradeep s/o Gyanchand Raisoni, filed an application for regular bail under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA)...

High Court

Bombay High Court Dismisses Union of India's Applications for Cancellation of Bail in NDPS Case — No Supervening Circumstances or Misuse of Bail Established. The court held that cancellation of bail requires higher threshold such as interference with investigation or tampering of evidence, and mere disagreement with the trial court's order is not sufficient under Section 439(2) of CrPC.

17 Feb 2011

The Union of India filed multiple applications under Section 439(2) of the Code of Criminal Procedure, 1973 seeking cancellation of bail granted to si...

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