May 2019

Proclaimed Offender-­ Anticipatory Bail—Order declaring proclaimed offender was issued before expiration of 30 days from date of issue of proclamation—Proper procedure had not been adopted—Interim order of anticipatory bail made absolute.  

By | May 12th, 2019|Anticipatory Bail|

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March 2019

Outraging modesty of woman-Anticipatory Bail-Complainant alleged that she used to receive unsolicited calls from mobile phone and sender used to harass her repeatedly—Held; from the messages screened during investigation nothing indecent or obscene had come out-Bail granted-

By | March 13th, 2019|Anticipatory Bail|

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Comments Off on Outraging modesty of woman-Anticipatory Bail-Complainant alleged that she used to receive unsolicited calls from mobile phone and sender used to harass her repeatedly—Held; from the messages screened during investigation nothing indecent or obscene had come out-Bail granted-

Abetment to Suicide-Dowry Death–Anticipatory Bail-Addition of Charge-Petitioner already on bail for offence u/ s 306 IPC-Prosecution has moved an application for addition of charge u/s 304-B IPC which is yet to be decided-Held; to sub-serve ends of justice directions issued to trial court that in case of addition of offence u/s 304-B IPC petitioner be released on bail

By | March 10th, 2019|Anticipatory Bail|

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Comments Off on Abetment to Suicide-Dowry Death–Anticipatory Bail-Addition of Charge-Petitioner already on bail for offence u/ s 306 IPC-Prosecution has moved an application for addition of charge u/s 304-B IPC which is yet to be decided-Held; to sub-serve ends of justice directions issued to trial court that in case of addition of offence u/s 304-B IPC petitioner be released on bail

February 2019

Anticipatory Bail— SCST—Neither caste of the petitioner nor of accused has been mentioned in FIR–Whatever altercation or occurrence has occurred, that has taken place in the house, not at a public place—Bail granted

By | February 28th, 2019|Anticipatory Bail|

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Illicit Liquor—Anticipatory Bail—Recovery of 91 bottles of illicit liquor from a plastic can were recovered—Present petitioner was not apprehended from the spot-Only secret information was against him -He is not required for custodial interrogation—Bail granted

By | February 27th, 2019|Anticipatory Bail|

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Comments Off on Illicit Liquor—Anticipatory Bail—Recovery of 91 bottles of illicit liquor from a plastic can were recovered—Present petitioner was not apprehended from the spot-Only secret information was against him -He is not required for custodial interrogation—Bail granted

Kidnapping of minor— Girl aged 17 years has moved out of house of her own on being enticed by petitioner—Girl has contracted marriage with petitioner—Validity and legality of marriage has not been challenged till date—Debatable question whether petitioner is lawful guardian of victim or not—Anticipatory bail granted

By | February 5th, 2019|Anticipatory Bail|

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Comments Off on Kidnapping of minor— Girl aged 17 years has moved out of house of her own on being enticed by petitioner—Girl has contracted marriage with petitioner—Validity and legality of marriage has not been challenged till date—Debatable question whether petitioner is lawful guardian of victim or not—Anticipatory bail granted

December 2018

Bail—Surrender of Passport—While granting bail or anticipatory bail, Criminal Court have to take extreme care in imposing such condition—It cannot mechanically, and in every case where an accused has a passport impose a condition for its surrender. Passport—Impounding of Passport—Police may have power to seize a passport but it does not have power to retain or impound the same, because that can only be done by the passport authority

By | December 19th, 2018|Anticipatory Bail|

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September 2018

Anticipatory Bail—Outraging modesty of woman—Case of version and cross version—There is no necessity for custodial interrogation—Bail granted

By | September 24th, 2018|Anticipatory Bail|

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Cheating–Criminal breach of Trust-Anticipatory Ball—Inherent Powers-Petitioner is a real estate developer and he entered into agreement to sell with various persons prior to year 2013–Failure to deliver as per agreement—Directions issued that police would first decide whether it is a civil dispute and further whether the civil dispute has become time barred by grating opportunity to the petitioners to put forward their side of case-Directed accordingly

By | September 1st, 2018|Anticipatory Bail|

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Comments Off on Cheating–Criminal breach of Trust-Anticipatory Ball—Inherent Powers-Petitioner is a real estate developer and he entered into agreement to sell with various persons prior to year 2013–Failure to deliver as per agreement—Directions issued that police would first decide whether it is a civil dispute and further whether the civil dispute has become time barred by grating opportunity to the petitioners to put forward their side of case-Directed accordingly

August 2018

Held; since the petitioners have already joined investigation, and no recovery is required to be made, there is no point in refusing the grant of anticipatory bail to them, but then the victim must be reimbursed the hospital charges-Anticipatory bail granted accordingly

By | August 15th, 2018|Anticipatory Bail|

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Comments Off on Held; since the petitioners have already joined investigation, and no recovery is required to be made, there is no point in refusing the grant of anticipatory bail to them, but then the victim must be reimbursed the hospital charges-Anticipatory bail granted accordingly

Father of deceased had sworn affidavit that death was natural-Police has started investigation on basis of an anonymous letter that appellant had extra material affair and had took advantage of his profession-Held; appellant has already joined investigation-High Court ought to have granted anticipatory bail in view of statement of father of deceased-Ordered accordingly-Criminal Procedure Code, 1973, S.438.

By | August 10th, 2018|Anticipatory Bail|

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Comments Off on Father of deceased had sworn affidavit that death was natural-Police has started investigation on basis of an anonymous letter that appellant had extra material affair and had took advantage of his profession-Held; appellant has already joined investigation-High Court ought to have granted anticipatory bail in view of statement of father of deceased-Ordered accordingly-Criminal Procedure Code, 1973, S.438.

July 2018

Anticipatory Bail—Question referred to larger bench whether the protection should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail.

By | July 29th, 2018|Anticipatory Bail|

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June 2018

It is a case of version and cross-version and it is to be determined by the trial Court on basis of evidence as to who is the aggressor party—Anticipatory bail granted, 

By | June 2nd, 2018|Anticipatory Bail|

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Criminal Procedure Code; 1973, S.438–Anticipatory Bail-Rash & Negligent Driving- Co-accused was driving the car, he tried to hit police officer and fled away from the spot officer leaving the car there—Petitioner was accompanying the co-accused- -She has already joined the investigation

By | June 2nd, 2018|Anticipatory Bail|

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Comments Off on Criminal Procedure Code; 1973, S.438–Anticipatory Bail-Rash & Negligent Driving- Co-accused was driving the car, he tried to hit police officer and fled away from the spot officer leaving the car there—Petitioner was accompanying the co-accused- -She has already joined the investigation

Narcotic Drugs & Psyehotropic Substances Act, 1985, S.21 –Anticipatory Bail— Narcotics—Recovery of heroin from co-accused persons

By | June 2nd, 2018|Anticipatory Bail|

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May 2018

Anticipatory Bail- Narcotics-Petitioner has joined the investigation but had not got effected the recovery of money-Petitioner directed to surrender and appiy for regular bail- -No arrest would be made till decision of regular bail

By | May 22nd, 2018|Anticipatory Bail|

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Comments Off on Anticipatory Bail- Narcotics-Petitioner has joined the investigation but had not got effected the recovery of money-Petitioner directed to surrender and appiy for regular bail- -No arrest would be made till decision of regular bail

March 2018

Though petitioner has been summoned by Magistrate by issuing NBW–Liability of petitioner is a combination of civil as well as criminal nature-­Complainant has also availed civil remedy by filing suit for recovery-Anticipatory bail granted

By | March 27th, 2018|Anticipatory Bail|

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Comments Off on Though petitioner has been summoned by Magistrate by issuing NBW–Liability of petitioner is a combination of civil as well as criminal nature-­Complainant has also availed civil remedy by filing suit for recovery-Anticipatory bail granted

February 2018

It appears to be a case of damage having been caused to the property of the complainant and the allegations are of mere assault and trespass in furtherance of old enmity—Pre-arrest bail granted as custodial interrogation is not required in this case-Indian Penal Code, 1860, S.427, S.325 & S.455.

By | February 18th, 2018|Anticipatory Bail|

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Comments Off on It appears to be a case of damage having been caused to the property of the complainant and the allegations are of mere assault and trespass in furtherance of old enmity—Pre-arrest bail granted as custodial interrogation is not required in this case-Indian Penal Code, 1860, S.427, S.325 & S.455.

October 2017

Bail–Anticipatory Bail–Grant of–It is granted at a stage when the investigation is incomplete and, therefore, it is not informed about the nature of evidence against the alleged offender–It is, therefore, necessary that such anticipatory bail orders should be of a limited duration only. Bail–Anticipatory Bail–Use of the expression ‘reason to believe’ shows that the applicant may be arrested must be founded on reasonable grounds–Mere “fear” is not ‘belief’. Bail–Anticipatory Bail–Grant of–Normally a direction should not issue to the effect that the applicant shall be released on bail “whenever arrested for whichever offence whatsoever”–Such ‘blanket order’ should not be passed. Bail–Anticipatory Bail–Grant of– Reference to particular portions of case diary–The papers which are to be supplied to the accused have been statutorily prescribed–The Courts should take serious note when the accused or the informant refers to the case diary to buttress a stand.

By | October 11th, 2017|Anticipatory Bail|

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Comments Off on Bail–Anticipatory Bail–Grant of–It is granted at a stage when the investigation is incomplete and, therefore, it is not informed about the nature of evidence against the alleged offender–It is, therefore, necessary that such anticipatory bail orders should be of a limited duration only. Bail–Anticipatory Bail–Use of the expression ‘reason to believe’ shows that the applicant may be arrested must be founded on reasonable grounds–Mere “fear” is not ‘belief’. Bail–Anticipatory Bail–Grant of–Normally a direction should not issue to the effect that the applicant shall be released on bail “whenever arrested for whichever offence whatsoever”–Such ‘blanket order’ should not be passed. Bail–Anticipatory Bail–Grant of– Reference to particular portions of case diary–The papers which are to be supplied to the accused have been statutorily prescribed–The Courts should take serious note when the accused or the informant refers to the case diary to buttress a stand.