November 2018

October 2018

September 2018

Indian Penal Code, 1860, S.307–Attempt to Murder–Bail-Regular bail has been declined to the petitioner primarily on the consideration of the case that he was involved in an unlawful assembly-Without adverting to the merits of the case, since the petitioner is the author of simple injury and the trial may take some time in its conclusion-Bail granted

By | September 5th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.307–Attempt to Murder–Bail-Regular bail has been declined to the petitioner primarily on the consideration of the case that he was involved in an unlawful assembly-Without adverting to the merits of the case, since the petitioner is the author of simple injury and the trial may take some time in its conclusion-Bail granted

Murder–Bail–Role of present petitioner is that of a conspirator-Prosecution is relying upon certain data extracted from mobile phone recovered of main accused—But, data does not match with messages with the phone recovered from petitioner-Bail granted

By | September 2nd, 2018|Bail|

Comments Off on Murder–Bail–Role of present petitioner is that of a conspirator-Prosecution is relying upon certain data extracted from mobile phone recovered of main accused—But, data does not match with messages with the phone recovered from petitioner-Bail granted

August 2018

Abetment to Suicide–Bail–Compromise between the parties-Contention that charges are yet to be framed on account of the fact that FSL report is still awaited—Complainant submits that the matter has been compromised between the parties and he would have no objection in case, regular bail is granted to the petitioner—Without commenting on merits of the case, bail granted

By | August 31st, 2018|Bail|

Comments Off on Abetment to Suicide–Bail–Compromise between the parties-Contention that charges are yet to be framed on account of the fact that FSL report is still awaited—Complainant submits that the matter has been compromised between the parties and he would have no objection in case, regular bail is granted to the petitioner—Without commenting on merits of the case, bail granted

Attempt to Murder–Bail–Complainant has suffered several fractures in the occurrence and one of the injury has been declared dangerous to life- Considering the fact that the petitioner is in judicial lock up from last 5 months, prosecution evidence is yet to start and two co-accused have already been granted bail, benefit of bail extended to petitioner-Bail granted

By | August 19th, 2018|Bail|

Comments Off on Attempt to Murder–Bail–Complainant has suffered several fractures in the occurrence and one of the injury has been declared dangerous to life- Considering the fact that the petitioner is in judicial lock up from last 5 months, prosecution evidence is yet to start and two co-accused have already been granted bail, benefit of bail extended to petitioner-Bail granted

Kidnapping–Bail–Prosecutrix categorically stated she left her home voluntarily with petitioner and got married to him thereafter-­ Held; in view of the fact that statement of the prosecutrix has been recorded, no useful purpose would be served in keeping the petitioner behind bars—Bail granted—Protection of Children from Sexual Offences Act, 2012, S.4

By | August 19th, 2018|Bail|

Comments Off on Kidnapping–Bail–Prosecutrix categorically stated she left her home voluntarily with petitioner and got married to him thereafter-­ Held; in view of the fact that statement of the prosecutrix has been recorded, no useful purpose would be served in keeping the petitioner behind bars—Bail granted—Protection of Children from Sexual Offences Act, 2012, S.4

Indian Penal Code, 1860, S.468 & S.471– impersonation–Forgery-Bail–Allegation that by way of impersonation the accused has obtained a decree of divorce against the complainant by producing some other lady posing herself as his wife-Signatures of parties have been to FSL and report is awaited—Considering the fact that investigation is completed and charges are yet to be framed and conclusion of trial will take long time, Bail granted-Criminal Procedure Code, 1973, S.439.

By | August 16th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.468 & S.471– impersonation–Forgery-Bail–Allegation that by way of impersonation the accused has obtained a decree of divorce against the complainant by producing some other lady posing herself as his wife-Signatures of parties have been to FSL and report is awaited—Considering the fact that investigation is completed and charges are yet to be framed and conclusion of trial will take long time, Bail granted-Criminal Procedure Code, 1973, S.439.

Criminal Procedure Code, 1973, S.439–impersonation–Bail–Cheating–Allegedly petitioner has impersonated as complainant and got the sale deed executed– Since co-accused has been granted the regular bail, the petitioner cannot be treated discriminatory—Petitioner held entitled to bail-Indian Penal Code, 1860, S.468 & S.420. 

By | August 16th, 2018|Bail|

Comments Off on Criminal Procedure Code, 1973, S.439–impersonation–Bail–Cheating–Allegedly petitioner has impersonated as complainant and got the sale deed executed– Since co-accused has been granted the regular bail, the petitioner cannot be treated discriminatory—Petitioner held entitled to bail-Indian Penal Code, 1860, S.468 & S.420. 

Indian Penal Code, 1860, S.302–Murder–Bail–Petitioner is in custody from last 18 months -Apart from the allegations of having caught hold of the deceased, there is no other overt act nor is it the case of the prosecution that he was armed with any weapon at the time of offence—Trial is not likely to conclude at an early date as only four witnesses have been examined out of the total 17 witnesses—Bail granted-Criminal Procedure Code, 1973, S.439.     

By | August 15th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.302–Murder–Bail–Petitioner is in custody from last 18 months -Apart from the allegations of having caught hold of the deceased, there is no other overt act nor is it the case of the prosecution that he was armed with any weapon at the time of offence—Trial is not likely to conclude at an early date as only four witnesses have been examined out of the total 17 witnesses—Bail granted-Criminal Procedure Code, 1973, S.439.     

Indian Penal Code, 1860, S.302 & S.307–Murder—Attempt to Murder–Bail–No overt act has been attributed to the petitioner except that he had given a lalkara and was armed with a wooden handle-No injury has been attributed to him to any of the two persons-Petitioner was arrested on 04.01.2017 and is in custody since then from last one year-Bail granted.  

By | August 15th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.302 & S.307–Murder—Attempt to Murder–Bail–No overt act has been attributed to the petitioner except that he had given a lalkara and was armed with a wooden handle-No injury has been attributed to him to any of the two persons-Petitioner was arrested on 04.01.2017 and is in custody since then from last one year-Bail granted.  

Money Laundering—Bail—Twin conditions imposed for grant of bail under 2002 Act are constitutionally invalid and S.45 of 2002 Act is struck down as a whole.

By | August 9th, 2018|Bail|

Comments Off on Money Laundering—Bail—Twin conditions imposed for grant of bail under 2002 Act are constitutionally invalid and S.45 of 2002 Act is struck down as a whole.

RYAN SCHOOL CASE::: Anticipatory Bail—Approaching High Court directly—In a murder case there was a media trial against accused persons and District Bar Associations had passed a resolution for not taking up their case—No fault in approach of private respondents in approaching High Court directly as High Court has concurrent jurisdiction.

By | August 3rd, 2018|Bail|

Comments Off on RYAN SCHOOL CASE::: Anticipatory Bail—Approaching High Court directly—In a murder case there was a media trial against accused persons and District Bar Associations had passed a resolution for not taking up their case—No fault in approach of private respondents in approaching High Court directly as High Court has concurrent jurisdiction.

July 2018

Bail–Snatching–Assault-considering the fact that the petitioner is not involved in any other case; the investigation is complete and challan has already been presented conclusion of the trial will take long time-Bail granted. 

By | July 19th, 2018|Bail|

Comments Off on Bail–Snatching–Assault-considering the fact that the petitioner is not involved in any other case; the investigation is complete and challan has already been presented conclusion of the trial will take long time-Bail granted. 

Cheating-Forgery—Bail— the investigation has been completed; chargeshave already been framed; offences are triable by the Court ofMagistrate; the petitioner is in judicial custody since 30.08.2017 prosecution evidence is yet to start, the present petition is allowed

By | July 19th, 2018|Bail|

Comments Off on Cheating-Forgery—Bail— the investigation has been completed; chargeshave already been framed; offences are triable by the Court ofMagistrate; the petitioner is in judicial custody since 30.08.2017 prosecution evidence is yet to start, the present petition is allowed

April 2018

Indian Penal Code, 1860, S.302–Murder–Bail–There is no allegation against either of the petitioners of having inflicted injuries upon the person of deceased–On five different dates complainant had been summoned but he has chosen not to appear–Out of 23 prosecution witnesses, only 05 have been examined till date—Bail granted

By | April 19th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.302–Murder–Bail–There is no allegation against either of the petitioners of having inflicted injuries upon the person of deceased–On five different dates complainant had been summoned but he has chosen not to appear–Out of 23 prosecution witnesses, only 05 have been examined till date—Bail granted

Allegation that present petitioner was driving the different car and was guiding the other vehicle so that the contraband could be delivered safely at the destination—Held; since no recovery has been effected from present petitioner, he is entitled to bail-Bail granted-Criminal Procedure Code, 1973, S.439.                        

By | April 18th, 2018|Bail|

Comments Off on Allegation that present petitioner was driving the different car and was guiding the other vehicle so that the contraband could be delivered safely at the destination—Held; since no recovery has been effected from present petitioner, he is entitled to bail-Bail granted-Criminal Procedure Code, 1973, S.439.                        

Indian Penal Code, 1860, S.406 & S.420–Bail–Criminal breach of Trust-Cheating-Money given for getting work visa abroad-Amount was entrusted to main accused and not to present petitioner who had worked with main accused for a short period of time-Bail granted-Criminal Procedure Code, 1973, S.439–immigration Act, 1983, S.24.

By | April 18th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.406 & S.420–Bail–Criminal breach of Trust-Cheating-Money given for getting work visa abroad-Amount was entrusted to main accused and not to present petitioner who had worked with main accused for a short period of time-Bail granted-Criminal Procedure Code, 1973, S.439–immigration Act, 1983, S.24.