Supreme Court of India Judgements

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Category: Bail Declined

Anticipatory Bail Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Grant of Anticipatory Bail — Abuse of Authority by Law Enforcers — Supreme Court set aside the High Court’s order granting anticipatory bail to police officers accused of misusing their authority, extorting money, and causing stress to a citizen and his minor daughter — The Court emphasized that in cases where there is a clear abuse of authority by law enforcement officials, the normal presumptions applicable to ordinary accused persons may not apply, and greater caution is warranted — Observations made by the Supreme Court were held to be prima facie and not to govern the trial

May 31, 2026 sclaw

2026 INSC 596 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MAHARASHTRA Vs. RAHUL DATTA BHOSALE AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. )…

Anticipatory Bail Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Grant of — Grounds for — High Court granted anticipatory bail based on reasons that one co-owner was abroad during agreement execution, agreement was only notarized and not registered, part payment received, and complainant sought refund indicating civil dispute — Supreme Court found these reasons to be peripheral and not bearing direct nexus to parameters governing anticipatory bail — Seriousness of allegations, criminal antecedents, and requirements of investigation in economic offence were overlooked by High Court.

May 28, 2026 sclaw

2026 INSC 548 SUPREME COURT OF INDIA DIVISION BENCH SAURABH AGRAWAL Vs. STATE OF UTTAR PRADESH AND ANOTHER ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. ) Criminal…

Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Sections 82, 439 — Arms Act, 1959 — Sections 3, 25, 27 — Penal Code, 1860 (IPC) — Sections 147, 148, 149, 323, 324, 452, 504, 506, 307 — Bail — Cancellation of — Supreme Court’s previous order directing surrender — Accused failing to surrender and absconding — Initiation of proceedings under Section 82 CrPC — Subsequent surrender after considerable delay — High Court granting bail overlooking previous order and material on record — Held, High Court order suffers from manifest error of law and is set aside.

May 24, 2026 sclaw

2026 INSC 526 SUPREME COURT OF INDIA DIVISION BENCH MOHSEEN Vs. THE STATE OF UTTAR PRADESH AND ANOTHER ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Criminal…

Bail Declined Bhartiya Nagrik Suraksha Sanhita

Bail — Grant of — High Court’s order reversed — High Court granted bail without considering material facts and circumstances, particularly the FIR, post-mortem report, recovery of weapon, and witness statements, relying solely on absence of allegations in inquest proceedings.

May 24, 2026 sclaw

2026 INSC 527 SUPREME COURT OF INDIA DIVISION BENCH BHAGAT SINGH Vs. THE STATE OF UTTAR PRADESH AND ANOTHER ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. )…

Bail Declined Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37(1)(b)(ii) — Grant of bail in commercial quantity cases — Twin Conditions — Mandatory nature — High Court must record satisfaction on reasonable grounds for believing accused is not guilty and not likely to commit offence while on bail — Failure to record satisfaction vitiates bail order — Speedy trial under Article 21 to be harmoniously read with Section 37, not to override it — Bail granted without recorded satisfaction is unsustainable.

Apr 27, 2026 sclaw

2026 INSC 411 SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB Vs. SUKHWINDER SINGH @ GORA ( Before : Sanjay Karol and Augustine George Masih, JJ. ) Criminal Appeal…

Bail Declined Companies Act

Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law.

Apr 3, 2026 sclaw

2026 INSC 310 SUPREME COURT OF INDIA DIVISION BENCH SATINDER SINGH BHASIN Vs. GOVERNMENT OF NCT OF DELHI AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 439(2) — Bail — Cancellation of Bail — Appeal against High Court order granting bail — Supreme Court can interfere if bail order is based on extraneous considerations or ignores relevant material, distinct from cancellation for misuse of bail.

Feb 25, 2026 sclaw

2026 INSC 181 SUPREME COURT OF INDIA DIVISION BENCH SHOBHA NAMDEV SONAVANE Vs. SAMADHAN BAJIRAO SONVANE AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal…

Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent

Feb 22, 2026 sclaw

2026 INSC 157 SUPREME COURT OF INDIA DIVISION BENCH BALMUKUND SINGH GAUTAM Vs. STATE OF MADHYA PRADESH AND ANOTHER ( Before : J.B. Pardiwala and Vijay Bishnoi, JJ. ) Criminal…

Bail Declined

Penal Code, 1860 (IPC) — Sections 406, 419, 420, 467, 468, 471, 506 — Cheating, Criminal Breach of Trust, Forgery — Bail — High Court order granting bail to accused set aside — Accused is a habitual offender with multiple aliases, fake IDs, and a history of absconding and non-cooperation with trial — Bail was granted on parity with co-accused, but this principle was misapplied without considering the accused’s individual conduct and criminal antecedents — Grant of bail poses a risk to society — Trial to be expedited.

Feb 22, 2026 sclaw

2026 INSC 161 SUPREME COURT OF INDIA DIVISION BENCH RAKESH MITTAL Vs. AJAY PAL GUPTA @ SONU CHAUDHARY AND ANOTHER ( Before : Sanjay Kumar and K. Vinod Chandran, JJ.…

Bail Declined Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 439(2) — Cancellation of Bail — Annulment of Bail — Distinction — Cancellation of bail is generally based on supervening circumstances and post-bail misconduct; Annulment of an order granting bail is warranted when the order is vitiated by perversity, illegality, arbitrariness, or non-application of mind — High Court granted bail ignoring prior cancellation of bail due to commission of murder by accused (while on bail) of a key witness in the first case, and failed to consider the gravity of offenses (including under SC/ST (POA) Act) and threat to fair trial — Such omissions and reliance on irrelevant considerations (existence of civil dispute) render the bail order perverse and unsustainable, justifying annulment by the Supreme Court. (Paras 12, 12.1, 12.2, 12.4, 12.5)

Jan 1, 2026 sclaw

2025 INSC 1483 SUPREME COURT OF INDIA DIVISION BENCH LAKSHMANAN Vs. STATE THROUGH THE DEPUTY SUPERINTENDENT OF POLICE AND OTHERS ( Before : B.V. Nagarathna and R. Mahadevan, JJ. )…

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