Search Results for "bail order"

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Search Results for "bail order"

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Supreme Court

Supreme Court Quashes Bail Order in Murder Case Due to Erroneous Consideration of Evidence and Gravity of Offence. The High Court's grant of bail was set aside as it overlooked material charge-sheet evidence indicating the accused's involvement in conspiracy and weapon custody under Sections 147, 148, 149, 323, 341, 307, 302, 336 IPC and Sections 3/25, 4/25 Arms Act, 1959.

29 Oct 2021

The appeal arose from a judgment of the High Court of Judicature for Rajasthan at Jaipur, which allowed the fifth bail application of the second respo...

High Court

Bombay High Court Grants Bail to Accused in MCOC Act Case Due to Lack of Prima Facie Evidence of Organised Crime and Prolonged Incarceration. The court held that the prosecution failed to establish a prima facie case under Sections 3(1)(ii), 3(2), and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, and that the applicant's continued detention would violate his right to speedy trial.

18 Apr 2024

The applicant, Sunil Ashok Kondugale, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) before the Bom...

Supreme Court

Supreme Court Allows Appeal Against Deposit Condition in Anticipatory Bail — Pre-Arrest Bail Cannot Be Used as Recovery Mechanism Under Section 438 CrPC in Cheating Case Under Section 420 IPC.

4 Jul 2023

The Supreme Court addressed a recurring issue where courts, while granting anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973...

Supreme Court

Supreme Court Allows Default Bail in PC Act Case, Holds Detention Period of 60 Days Applies When Maximum Sentence is Not Explicitly at Least Ten Years. The Court Interprets 'Imprisonment for a Term Not Less Than Ten Years' in Section 167(2) CrPC to Grant Default Bail When Charge Sheet Not Filed Within 60 Days.

1 Aug 2026

These Special Leave Petitions were preferred against the order of the Gauhati High Court dated 11.01.2017 rejecting the bail application of the petiti...

Supreme Court

Supreme Court Allows Consolidation of Sureties for Multiple Bail Orders in Connected FIRs — Personal Bond and One Set of Sureties to Hold Good for All Cases. Court invokes inherent powers under Section 482 CrPC and Article 142 to prevent injustice where accused unable to furnish separate sureties due to financial hardship.

20 Sep 2024

The petitioner, Girish Gandhi, filed a writ petition under Article 32 of the Constitution seeking a direction that the personal bonds and sureties exe...

Supreme Court

Supreme Court Sets Aside Bail in NDPS Commercial Quantity Case for Non-Compliance with Section 37 Twin Conditions. High Court's observation that rigours of Section 37 can be diluted by right to speedy trial held contrary to settled law.

24 Apr 2026

The Supreme Court allowed the appeal filed by the State of Punjab against the judgment of the Punjab and Haryana High Court granting regular bail to R...

High Court

Bombay High Court Clarifies Magistrate's Power to Grant Bail in Sessions Triable Cases Under Section 437 CrPC. The court held that a Judicial Magistrate can grant bail in offences exclusively triable by the Sessions Court, subject to the limitations under the proviso to Section 437(1) CrPC.

29 Mar 2005

The petitioner, Sanjay Narhar Malshe, filed a Criminal Writ Petition before the Bombay High Court challenging an FIR registered against him. However, ...

High Court

Bombay High Court Dismisses Bail Application in Dacoity and Arms Act Case; Right to Default Bail Under Section 167(2) CrPC Extinguished by Filing of Charge-Sheet, and Parity Claim Rejected Due to Criminal History and Active Role of Accused. The court held that the right to be released on default bail must be exercised before the charge-sheet is filed, and even a magistrate's failure to inform the accused does not revive the right.

6 Jul 2005

The applicant, Sajid Basir Shaikh, filed a bail application under Section 439 of the Criminal Procedure Code, 1973 before the Bombay High Court. He wa...

High Court

High Court of Karnataka Cancels Bail in POCSO Case for Misuse of Liberty and Tampering with Evidence. The court held that the accused's conduct of threatening the victim and her family after being granted bail constituted misuse of liberty, warranting cancellation under Section 439(2) Cr.P.C.

23 Feb 2016

The State of Karnataka, represented by Yagati Police, filed a petition under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellat...

High Court

High Court of Karnataka Dismisses State's Petition to Cancel Anticipatory Bail in Cheating Case — No Supervening Circumstances Found to Justify Cancellation of Bail Granted Under Section 438 Cr.P.C. The court held that cancellation of bail requires supervening circumstances or misuse of liberty, and mere filing of a petition under Section 439(2) Cr.P.C. without such circumstances is not sufficient.

24 Apr 2014

The State of Karnataka, through the Ashoknagar Police Station, filed a criminal petition under Section 482 read with Section 439(2) of the Code of Cri...

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