Supreme Court of India Judgements

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Category: Anticipatory Bail

Anticipatory Bail Bail Granted

Anticipatory bail — Cancellation of — The appellant had his anticipatory bail cancelled without notice due to failure to plant saplings —Whether the cancellation of anticipatory bail without notice was justified The Supreme Court set aside the impugned order and allowed the appeal, granting additional time to plant 500 trees —The anticipatory bail granted to is revived, and he must deposit the cost of saplings with the Forest authorities.

Aug 29, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH EZHILARASAN — Appellant Vs. THE STATE REPRESENTED BY INSPECTOR OF POLICE AND ANOTHER — Respondent ( Before : Sanjiv Khanna, Sanjay Kumar and R.…

Anticipatory Bail Bail Granted

Penal Code, 1860 (IPC) — Sections 420 and 34 — Nature of Offence —The Court’s decision to grant bail in a case involving Sections 420 and 34 IPC indicates that while these sections pertain to serious offenses (cheating and criminal conspiracy, respectively), bail may still be granted if the circumstances of the case, such as the nature of the transaction and the relationship between the parties, warrant it.

Aug 29, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DILHARAN LAL DEWANGAN — Appellant Vs. STATE OF CHHATTISGARH AND ANOTHER — Respondent ( Before : Bela M. Trivedi and Satish Chandra Sharma, JJ.…

Anticipatory Bail Bail Granted

The Court considered the principles of anticipatory bail and the role of the accused, noting that the prime accused had been granted bail and the appellant’s role was secondary – The Court analyzed the factors to be considered for anticipatory bail, as laid out in previous judgments, focusing on the nature of the accusation and the role of the accused – The Supreme Court confirmed the order granting anticipatory bail to Petitioner, setting aside the order of cancellation, with the condition of cooperation in the investigation and trial.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SABITA PAUL AND OTHER — Appellant Vs. THE STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : Vikram Nath and Sanjay Karol,…

Anticipatory Bail I P C

Prevention of Witch (Daain) Practices Act, 1999 – Sections 3 and 4 – Penal Code, 1860 (IPC) – Sections 341, 323, 354, 354 (B), 379, 504, 506 and 149 – – The respondent opposes anticipatory bail, asserting that the petitioner’s involvement is established – They contend that the seriousness of the charges warrants denial of bail – The court acknowledges that anticipatory bail is an extraordinary remedy – It emphasizes that such relief should be granted sparingly and only in exceptional circumstances – The court considers the petitioner’s status as an absconder and weighs the evidence against them – After thorough consideration, the court rules on the anticipatory bail application – Appeal Dismissed.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRIKANT UPADHYAY AND OTHERS — Appellant Vs. STATE OF BIHAR AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. )…

Anticipatory Bail Bail Declined

High Court did not consider the nature and seriousness of the offence, the character of the evidence, the circumstances peculiar to the respondent, and the larger interest of the public or the State – The Court also notes that the respondent failed in his fundamental duty as a police officer and the possibility of his influencing the witnesses and the investigation was high – The Court holds that the respondent is not entitled to anticipatory bail and directs him to apply for regular bail if arrested.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JHARKHAND — Appellant Vs. SANDEEP KUMAR — Respondent ( Before : Vikram Nath and Sanjay Kumar, JJ. ) Criminal Appeal No……of…

Anticipatory Bail Bail Granted

Anticipatory Bail – Breach of contract – Civil Dispute – Mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal Code, 1860, unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged – Anticipatory bail granted.

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAY SHRI AND ANOTHER — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ. ) Criminal Appeal…

Anticipatory Bail Bail Granted

Anticipatory bail – Cruelty to wife – Once the chargesheet was filed and there was no impediment, at least on the part of the accused, the court having regard to the nature of the offences, the allegations and the maximum sentence of the offences they were likely to carry, ought to have granted the bail as a matter of course –

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MD. ASFAK ALAM — Appellant Vs. THE STATE OF JHARKHAND AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ.…

Anticipatory Bail Bail Declined

(CrPC) – Section 438 – Penal Code, 1860 (IPC) – Sections 406, 420, 467, 468, 471 and 120­B – Anticipatory Bail – – land scams not only result in financial losses for individuals and investors but also disrupt development projects, erode public trust, and hinder socio­economic progress – – Order granting anticipatory bail is set-aside – Appeal allowed.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRATIBHA MANCHANDA AND ANOTHER — Appellant Vs. STATE OF HARYANA AND ANOTHER — Respondent ( Before : Surya Kant and C.T. Ravikumar, JJ. )…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw