This content is restricted to site members. If you are an existing user, please log in. New users may register below.
Bail – Hanging pro-Khalistan banners at Amritsar flyover – Mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail
Bysclaw
Feb 25, 2024By sclaw
Related Post
Penal Code, 1860 (IPC) – Sections 147, 148, 302, 149 and 120B – Cancellation of Bail – The complainant’s son was allegedly murdered by the accused (along with others) in a property dispute – Five accused were convicted of murder and other charges, with two others acquitted – The High Court granted bail to three accused (‘A’, ‘C’, and ‘R’) considering their long incarceration and bail granted to two co-accused. – The complainant argues against bail, fearing threats from the accused who are “dreaded criminals.” – He highlights that the High Court wasn’t aware that two accused (‘C’ and ‘R’) allegedly killed a police officer while on trial, further demonstrating their violent nature – The Court acknowledges the oversight of not presenting details about the police officer’s murder to the High Court – The Court cancels bail for ‘C’ and ‘R’ due to their subsequent criminal act – The Court upholds bail for ‘A’ (not involved in the police officer’s murder).
Apr 28, 2024
sclaw
Penal Code, 1860 (IPC) – Section(s) 147, 148, 149, 323, 504, 506, 427, 394, 411, 302 and 120B – Criminal Law Amendment Act, 2013 – Section 7 – Appeal against Grant of Bail by High Court – The main issue is the appropriateness of the High Court’s decision to grant bail to the accused – The petitioner argues against bail due to the serious nature of the crime, the recovery of the murder weapon, and the influence of the accused over witnesses – The respondents claim they have cooperated with the trial and allegations of threatening witnesses are false – The Supreme Court set aside the High Court’s bail orders, citing the seriousness of the crime and the conduct of the accused – The Court found that the High Court did not exercise its discretion judiciously in granting bail – The Court referenced previous cases outlining the principles for bail consideration, emphasizing the gravity of the crime and the potential for influencing witnesses – The Supreme Court concluded that the accused should be taken into custody and the trial should be concluded expeditiously – The judgment emphasizes the importance of a careful and principled approach to granting bail, particularly in cases involving serious crimes and potential witness tampering.
Apr 28, 2024
sclaw
Penal Code, 1860 (IPC) – Sections 147, 148, 149, 302, 336 and 427 – Murder – Cancellation of Bail — The Supreme Court found the High Court’s orders lacked detailed consideration of facts, especially given the severity of the crime and the specific naming of the respondents in the FIR – The Supreme Court set aside the High Court’s orders, cancelled the bail granted to the respondents, and directed them to surrender to custody
Apr 7, 2024
sclaw