Supreme Court of India Judgements

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Category: Anticipatory Bail

Anticipatory Bail Bail Granted

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Appellant not named in FIR, no raid at his business premises, earlier cases ended in bail, cooperating with investigation, and no misuse of liberty granted — High Court wrongly refused anticipatory bail — Supreme Court sets aside High Court order and makes interim protection absolute.

Mar 15, 2026 sclaw

2026 INSC 215 SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR MUTTA Vs. THE STATE OF ANDHRA PRADESH ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. ) Criminal…

Anticipatory Bail Bail Granted

Bharatiya Nyaya Sanhita, 2023 — Sections 298, 299, 296, 115(2), 351(2) & Chhattisgarh Religion Act, 1968 — Section 4 — Bail in anticipation of arrest — Appellant joined investigation as directed by the court — High Court rejected bail application — Supreme Court considered materials on record and found appeal deserving acceptance — Appellant admitted to bail in anticipation of arrest.

Oct 26, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH SHARMA Vs. THE STATE OF CHHATTISGARH ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Criminal Appeal No.4561/2025 [Arising out of…

Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH KUMAR PRASAD Vs. THE STATE OF UTTAR PRADESH ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Criminal Appeal No.4371 of…

Anticipatory Bail

Penal Code, 1860 (IPC) — Sections 420, 463, 465, 467, 468, 471, 474 read with Section 34 — Offences relating to cheating and forgery — Anticipatory bail — Rejection challenged — Appellants, public servants at the time, accused of certifying mutation entries based on forged documents — High Court rejected anticipatory bail — Supreme Court affirmed the High Court’s decision

Sep 16, 2025 sclaw

2025 INSC 1114 SUPREME COURT OF INDIA DIVISION BENCH ANNA WAMAN BHALERAO Vs. STATE OF MAHARASHTRA ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Criminal Appeal No. 4004…

Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUNDAN SINGH Vs. THE SUPERINTENDENT OF CGST AND CENTRAL EXCISE ( Before : K.V. Viswanathan and Nongmeikapam Kotiswar Singh, JJ. ) Petition(s) for Special…

Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw

2025 INSC 501 SUPREME COURT OF INDIA DIVISION BENCH ANKIT MISHRA Vs. THE STATE OF MADHYA PRADESH AND ANOTHER ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. )…

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.…

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Arbitration

Arbitration and Conciliation Act, 1996 — Section 34, Section 37 — Challenge to arbitral award — Jurisdiction of arbitrator — Clause in a contract that states one party’s decision is final and cannot be challenged in any court or arbitration is void if it seeks to prevent adjudication on disputed liability, as the determination of breach and liability rests with an adjudicatory forum, not the party alleging breach.

Mar 24, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 12A — Withdrawal of Corporate Insolvency Resolution Process (CIRP) — Commercial Wisdom of Committee of Creditors (CoC) — Primacy of CoC’s commercial wisdom in deciding withdrawal of CIRP is non-justiciable and not subject to appeal or review by adjudicating authorities, except on grounds of statutory illegality or jurisdictional infirmity — Supreme Court in a miscellaneous application concerning a disposed SLP from a civil revision cannot adjudicate rival offers or substitute its view for the CoC’s business decision.

Mar 24, 2026 sclaw
Service

Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997 — Rule 11(1), 11(3) & Rule 4(3) — Selection process for Gazetted Probationers — Vacancy arising from non-joining candidate — Claims of next eligible candidate — Held, select list is not an open-ended reservoir of candidates but is prepared for notified vacancies & operates within statutory framework — Inclusion in select list does not confer indefeasible right to appointment — Appointment governed by Rules & notified vacancies — No provision for reserve/waiting list under 1997 Rules — Post left unfilled due to non-completion of pre-appointment formalities or non-joining cannot be filled by operating the same select list & claiming by next candidate in absence of express statutory provision — High Court erred in allowing writ petition & setting aside Tribunal’s order.

Mar 24, 2026 sclaw
Constitution

Constitution of India, 1950 — Articles 14, 15(1), 16, 309 — Relaxation in qualifying examination (TET) marks for reserved category candidates — The provision of relaxation in qualifying marks in TET enables reserved category candidates to enter the zone of consideration and does not affect their inter se merit in the main selection process (TAIT) — Migration to the open category is permissible if recruitment rules do not expressly prohibit it or are silent on the matter — Decisions in Pradeep Kumar and Sajib Roy are distinguishable as they dealt with candidates not fulfilling essential eligibility criteria, unlike in this case where relaxation in TET marks is expressly permitted by NCTE guidelines — The High Court erred in not allowing meritorious reserved category candidates to be considered under the general category — Appeals allowed, impugned judgment set aside.

Mar 24, 2026 sclaw