Bringing you the Best Analytical Legal News
The Madhya Pradesh High Court granted anticipatory bail to the appellant, holding that the SC/ST Act is not applicable to a person who himself belongs to a Scheduled Tribe community — and that the State’s failure to verify CCTV footage despite court directions, combined with the appellant’s status as a government servant, left no ground for denial of bail.
Prima facie, it appears to be a case of civil liability where husband purchased the car in his wife’s name, did not pay cost thereof and subsequently, when the car was returned, the civil suit filed by the complainant de facto was withdrawn.
Discover the life, judgments, and contributions of Justice K.V. Viswanathan, who is one of the few lawyers, who have been elevated directly from the Bar to the Judgeship of the Supreme Court of India, thereby enhancing the Bar’s representation.
Delhi High Court granted interim protection from arrest in an anticipatory bail plea arising out of a transaction involving unlisted NSE shares, observing that the MoU prima facie supported the applicant’s defence and that the e-mail describing the company as “seller” was insufficient to justify custodial action.
In the present case, the petitioner was granted anticipatory bail with a condition to keep his location on, on his mobile and share the live location with the investigating officer.
“Supreme Court set aside the impugned order granting anticipatory bail to the accused.”
“The members of the transgender community continue to face entrenched social stigma, resulting in deprivation of basic dignity and meaningful livelihood opportunities.”
The Court observed that “in order to gain political mileage, Mr. Khera has dragged an innocent lady into the controversy.”
The accused, a third year LLB student, had been found in possession of a Bar Council identity card with an enrollment number, along with case registers, seals of various police stations, notary seals and notarial registers.
“While adjudicating the bail pleas, particularly in cases concerning cybercrimes and online fraud, necessitates a meticulous evaluation of several pivotal factors. Paramount among these is the inherent gravity and seriousness of the offence, coupled with its potential societal ramifications.”
“Courts in exercise of criminal jurisdiction to consider a bail plea cannot embark upon a ‘mini trial’ to resolve factual disputes, and therefore, whether the word ‘chinal’ was caste-based, gender-specific, or a religious symbol could only be decided during a full-dressed trial and cannot be considered in a bail plea.”
The applicant-husband first agreed in Court to compensate the complainant-wife for the stridhan, but backed out later
The Madhya Pradesh High Court examined whether anticipatory bail could stand when additional, more serious offences had already been taken cognizance of by the Magistrate.
“Under Section 482(1) BNSS, a pre-arrest bail is maintainable only by a person who has reason to believe that he might be arrested for having committed a non bailable offence. The provision safeguards individuals from the possibility of being arrested with malicious intent, and pre-arrest bail must be sought only before an arrest is made.”
“The filing of a charge-sheet, taking of cognizance, or issuance of summons does not terminate protection unless special reasons are recorded.”
“Custodial interrogation of the accused/applicant is necessary in order to unearth if more children in similar fashion have been trafficked by the accused/applicant for being used in commission of crimes.”
In the present case, the appellant is accused of assaulting the informant’s family and firing shots. The police recovered cartridges and bullets at the scene. The appellant submits that he has been falsely implicated. However, his anticipatory bail was rejected, leading to this petition.
“Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act.”
“The allegations are serious, credible evidence and materials are being collected by the investigating agency and there might be likelihood of custodial interrogation of the appellant.”
“The discretionary relief of anticipatory bail is not meant to shield persons who, prima facie, appear to have participated in acts undermining public order and the sanctity of judicial institutions.”