Supreme Court of India Judgements

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Category: Bail Declined

Bail Declined

Criminal Procedure Code, 1973, S.439~Bail-Appeal against Cancellation-Manner in which deceased was allegedly attacked and number of injuries inflicted prima facie indicate pre-meditation—Period of incarernation of accused in jail would not entitle enlargement on bail—Court yet to record testimonies of witness including complainant—Fair trial can be ensured only if appellants/accused not released on bail—Bail declined.

Sep 23, 2018 sclaw

(2017) AIR(SCW) 5398 : (2017) AIR(SC) 5398 : (2018) AllSCR(Crl) 44 : (2018) 1 ApexCourtJudgments(SC) 279 : (2018) 1 CriCC 850 : (2017) 4 Crimes 525 : (2018) 1 JBCJ…

Bail Declined

It is well established that courts must not go deep into the merits of the case when considering a bail application. All that needs to be established from the record is the existence of a prima facie case against the accused. While considering an application for bail, courts must take into account certain factors such as the existence of a prima facie case against the accused, the gravity of the allegations, position and status of the accused, the likelihood of the accused fleeing from justice and repeating the offence, the possibility of tampering with the witnesses and obstructing the courts as well as the criminal antecedents of the accused.

Sep 19, 2018 sclaw

HEAD NOTE It is well established that courts must not go deep into the merits of the case when considering a bail application. All that needs to be established from…

Bail Declined

Indian Penal Code, 1860, S.302 & S.498-A-Murder–Cruelty to wife-­ Bail-Charge of serious offences that by itself cannot be the ground to out. rightly deny the benefit of bail if there are other overwhelming circumstances justifying grant of bail—Criminal Procedure Code, 1973, 439

Sep 8, 2018 sclaw

(2018) 4 JT 314 : (2018) 6 SCALE 76 SUPREME COURT OF INDIA DIVISION BENCH SEEMA SINGH — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : A.K. Sikri and…

Bail Declined

Penal Code, 1860 (IPC) — Sections 363, 365, 34 — Kidnapping — High Court order allowed the petition and granted anticipatory bail to them — Appeal- Sessions Judge examined the case diary and found that the witnesses examined by the IO during the investigation had supported the case of the prosecution. The victim boy has not been traced so far — High Court without assigning any reasons has granted the anticipatory bail. Having regard to the nature and gravity of the accusations — High Court was not justified in granting anticipatory bail — Appeal allowed.

Apr 16, 2018 sclaw

2017) AllSCR(Crl) 1831 : (2017) 4 CriCC 827 : (2017) CriLR 1037 : (2017) 4 ECrC 316 : (2017) 4 JLJR 143 : (2017) 4 LawHerald(SC) 2616 : (2018) 1 NCC 125 : (2017)…

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