Tag: Bail Cancellation

Witness Protection vs. Bail Cancellation: Supreme Court Explains the Crucial Difference
7Oct By The Legal ChamberNo Comments
Supreme Court

Witness Protection vs. Bail Cancellation: Supreme Court Explains the Crucial Difference

This Supreme Court judgment clarifies the distinct legal roles of bail cancellation and the Witness Protection Scheme, 2018. The Supreme Court held that the Scheme is a curative measure to protect witnesses, while bail cancellation is a judicial remedy for violations of bail conditions. The existence of the Scheme cannot be a ground to deny cancellation of bail when an accused intimidates witnesses, as these are separate legal avenues serving different purposes. Facts Of The Case: The case originated from an FIR (No. 137 of 2022) lodged by the appellant, Phireram, for offences including murder and conspiracy under the IPC. The accused were arrested and subsequently granted bail by the High Court, subject to specific conditions prohibiting them from threatening witnesses or tampering with...
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Supreme Court’s Balancing Act in UAPA Bail Appeals :Trial Delay vs. Terror Charges
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Balancing Act in UAPA Bail Appeals :Trial Delay vs. Terror Charges

The Supreme Court, while dismissing appeals against bail grant and refusal under the UAPA, emphasized the prima facie test for bail under the stringent Act. It declined to interfere with the High Court's reasoned analysis of the chargesheet evidence, distinguishing the roles of the accused. The Court underscored the right to a speedy trial, directing the conclusion of proceedings within two years due to the accused's prolonged incarceration. Facts Of The Case: The case originated from an FIR registered in January 2020 against 17 individuals, including Saleem Khan (Accused No. 11) and Mohd. Zaid (Accused No. 20), for alleged conspiracy under the IPC and various offences under the UAPA and Arms Act. The allegations involved connections with terrorist activities and organisations. The inves...
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Supreme Court’s Landmark Ruling: No Special Treatment for Celebrities in Bail Matters
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Landmark Ruling: No Special Treatment for Celebrities in Bail Matters

The Supreme Court cancelled the bail granted by the High Court, holding that the order was perverse and suffered from non-application of mind to material facts, including the gravity of the offence and prima facie evidence. The Court reiterated that bail in serious offences like murder requires careful consideration of the allegations, evidence, and risk of witness tampering, and cannot be granted mechanically. Facts Of The Case: The case arose from the brutal murder of Renukaswamy, a resident of Chitradurga, whose body was discovered near an apartment in Bengaluru on June 9, 2024. The prosecution alleged that the murder was a result of a criminal conspiracy orchestrated by actor Darshan (A2) and his partner, Pavithra Gowda (A1), after the deceased had sent obscene messages to A1's Insta...
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Influencing Witnesses? Supreme Court Sets Strict Rules for Granting Bail in Serious Crimes
17Sep By The Legal ChamberNo Comments
Supreme Court

Influencing Witnesses? Supreme Court Sets Strict Rules for Granting Bail in Serious Crimes

The Supreme Court reiterated that bail grant requires a balanced assessment of the nature and gravity of the offence, the prima facie case, and the accused's potential to influence the trial or evade justice. It set aside the High Court's bail order for failing to consider these established parameters, particularly the accused's conduct and the crime's seriousness. Facts Of The Case: The case stems from an FIR registered concerning a violent incident on the intervening night of May 4-5, 2021. The accused, Sushil Kumar, and his associates were alleged to have abducted several individuals from different locations in Delhi and taken them to Chhatrasal Stadium. There, they were violently attacked with wooden sticks and lathis, and gunshots were allegedly fired. One of the abducted in...
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Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder

The Supreme Court upheld the conviction under Section 302 IPC, affirming the reliability of a child witness. It ruled that the accused's mere denial under Section 313 CrPC was insufficient to discharge his burden under Section 106 of the Evidence Act to explain the circumstances of his wife's death within their home. Facts Of The Case: The case involved the murder of Smt. Ranjana by her husband, the accused-appellant Manohar Keshavora Khandate, within their home in Amravati. The prosecution's case rested primarily on the eyewitness account of their nine-year-old daughter (PW-3). She testified that on the night of the incident, she was sleeping beside her mother when she was awakened by a commotion. She found her father sitting nearby her mother, whose body was covered with a chaddar. The...
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Supreme Court: Jail Overcrowding Can’t Be a Ground for Granting Bail in Heinous Crimes
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Jail Overcrowding Can’t Be a Ground for Granting Bail in Heinous Crimes

The Supreme Court held that the High Court erred in granting bail without properly considering the absence of "new circumstances" as mandated by the Court's earlier judgment cancelling bail. The impugned order lacked cogent reasoning, relied on irrelevant factors like jail overcrowding, and failed to accord due deference to the Supreme Court's previous decision, warranting its quashing. Facts Of The Case: The case involves an appeal by the informant, Ajwar, against an order of the Allahabad High Court granting bail to the accused, Waseem. Waseem was charged under various sections of the IPC, including Section 302 (murder). His bail was initially granted by the High Court in 2022 but was cancelled by the Supreme Court. A subsequent grant of bail by the High Court was again cancelled by th...
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Accused Can’t “Buy” Bail: Supreme Court Ends Practice of Monetary Undertakings for Release
25Aug By The Legal ChamberNo Comments
Supreme Court

Accused Can’t “Buy” Bail: Supreme Court Ends Practice of Monetary Undertakings for Release

This Supreme Court judgment prohibits courts from granting bail based on monetary undertakings or deposits by the accused. It directs that all bail applications must be decided strictly on their own merits, in accordance with law, and not on any extraneous promises of payment. The practice of imposing financial conditions for bail deprecated to uphold the integrity of the judicial process. Facts Of The Case: The appellant, Gajanan Gore, was arrested in August 2023 for allegedly siphoning approximately ₹1.6 crore from his employer, an advertising and training institute. He was charged with various offences including cheating and forgery under the Indian Penal Code. After the Trial Court denied him bail, the Bombay High Court granted him bail in April 2024. This bail was contingent on a ke...
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Supreme Court Cancels Anticipatory Bail in Property Dispute Case
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Cancels Anticipatory Bail in Property Dispute Case

The Supreme Court cancelled the anticipatory bail granted by the Bombay High Court, holding that such relief is an "extraordinary remedy" and must not be granted routinely, especially in grave offences. The Court emphasized that concealing material facts (like a vacated injunction order) and witness intimidation vitiate bail. Custodial interrogation was deemed necessary due to the accused's non-cooperation and criminal antecedents, violating bail conditions. The ruling reaffirmed strict judicial scrutiny under Srikant Upadhyay v. State of Bihar (2024) to prevent miscarriage of justice[ Facts Of The Case: The case involves a property dispute between Nikita Jagganath Shetty (the appellant) and her estranged husband, Vishwajeet Jadhav (respondent No. 4), along with other co-accused. Nikit...
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Supreme Court Slams Bail Order: Shelter Home Superintendent Must Surrender in Sex Exploitation Case
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Bail Order: Shelter Home Superintendent Must Surrender in Sex Exploitation Case

The Supreme Court cancelled the bail granted to the accused-respondent, holding that the High Court's order was cryptic and violated Section 15A(3) of the SC/ST Act by not hearing the victim. The Court emphasized the gravity of the offences, the accused's influence, and the risk of witness tampering, underscoring the need for reasoned bail orders in serious crimes. The judgment reaffirmed the principles laid down in Shabeen Ahmad and Ajwar, highlighting that bail in heinous offences must consider societal impact and trial integrity. The accused was directed to surrender, with protections ensured for the victims. Facts Of The Case: The case involves an appeal by Victim ‘X’ against the order of the Patna High Court granting bail to Respondent No. 2, the former Superintendent of a women’s p...
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Supreme Court Strikes Down Kerala’s Preventive Detention Order: A Win for Personal Liberty
18Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Strikes Down Kerala’s Preventive Detention Order: A Win for Personal Liberty

The Supreme Court of India, in Dhanyam v. State of Kerala & Ors., set aside a preventive detention order, emphasizing that such extraordinary power must be used sparingly and only in situations affecting "public order," not merely "law and order". The Court reiterated that if a detenu is on bail and allegedly violating conditions, the State should seek bail cancellation rather than resorting to preventive detention. Facts Of The Case: The appeal originated from a High Court of Kerala judgment dated September 4, 2024, which affirmed a preventive detention order issued on June 20, 2024, by the District Magistrate, Palakkad. The detenu, Rajesh, the appellant's husband, runs a registered lending firm named 'Rithika Finance'. The detention order, issued under Section 3(1) of the Kerala ...
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