Supreme Court of India Judgements

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Category: Anticipatory Bail

Anticipatory Bail Cr P C

Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Nature and Scope — Power to grant anticipatory bail under S. 438 is an extraordinary power to be exercised sparingly and only in exceptional cases, not as a matter of routine — Its object is to protect individuals from harassment or humiliation, but this must be balanced against the larger societal interest in maintaining law and order and ensuring the proper course of justice.

Apr 12, 2025 sclaw

2025 INSC 477 SUPREME COURT OF INDIA DIVISION BENCH SERIOUS FRAUD INVESTIGATION OFFICE Vs. ADITYA SARDA ( Before : Bela M. Trivedi and Prasanna B. Varale, JJ. ) Criminal Appeal…

Anticipatory Bail Bail Granted

Penal Code, 1860 (IPC) — Section 306 —Abetment of Suicide — The appellant sought anticipatory bail after the High Court rejected her plea — The State of Punjab acknowledged her participation in the investigation and stated no further custodial interrogation was needed — The Supreme Court granted her anticipatory bail, considering the State of Punjab’s submission that she cooperated with the investigation — The decision was based on the recognition that custodial interrogation was no longer necessary and that anticipatory bail would be appropriate — The Supreme Court concluded that appellant should be granted anticipatory bail, subject to any conditions imposed by the Trial Court — The State would retain the right to seek bail cancellation if conditions were violated.

Jan 11, 2025 sclaw

2025 INSC 49 SUPREME COURT OF INDIA DIVISION BENCH MAMTA KAUR Vs. STATE OF PUNJAB ( Before : Bela M. Trivedi and Prasanna B. Varale, JJ. ) Criminal Appeal No….of…

Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw

2024 INSC 1032 SUPREME COURT OF INDIA DIVISION BENCH SHAMBHU DEBNATH Vs. THE STATE OF BIHAR AND OTHERS ( Before : Vikram Nath and Prasanna B. Varale, JJ. ) Criminal…

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…

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Bail Declined

Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC —High Court’s approach found to be callous, overlooking critical aspects including the organized nature of the crime and the subsequent absconding of several accused post-bail, thereby jeopardizing the trial.

Apr 16, 2025 sclaw
Specific Performance

A buyer’s continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance

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Service

The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Apr 15, 2025 sclaw
I B C Limitation

The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone delay for a further period not exceeding fifteen days, upon satisfaction of sufficient cause

Apr 14, 2025 sclaw