Supreme Court of India Judgements

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Category: Bail Declined

Bail Declined

Penal Code, 1860 (IPC) – Sections 147, 148, 302, 149 and 120B – Cancellation of Bail – The complainant’s son was allegedly murdered by the accused (along with others) in a property dispute – Five accused were convicted of murder and other charges, with two others acquitted – The High Court granted bail to three accused (‘A’, ‘C’, and ‘R’) considering their long incarceration and bail granted to two co-accused. – The complainant argues against bail, fearing threats from the accused who are “dreaded criminals.” – He highlights that the High Court wasn’t aware that two accused (‘C’ and ‘R’) allegedly killed a police officer while on trial, further demonstrating their violent nature – The Court acknowledges the oversight of not presenting details about the police officer’s murder to the High Court – The Court cancels bail for ‘C’ and ‘R’ due to their subsequent criminal act – The Court upholds bail for ‘A’ (not involved in the police officer’s murder).

Apr 28, 2024 sclaw

2024 INSC 325 SUPREME COURT OF INDIA DIVISION BENCH JADUNATH SINGH — Appellant Vs. ARVIND KUMAR AND ANOTHER ETC. — Respondent ( Before : Vikram Nath and Sanjay Kumar, JJ.…

Bail Declined

Penal Code, 1860 (IPC) – Section(s) 147, 148, 149, 323, 504, 506, 427, 394, 411, 302 and 120B – Criminal Law Amendment Act, 2013 – Section 7 – Appeal against Grant of Bail by High Court – The main issue is the appropriateness of the High Court’s decision to grant bail to the accused – The petitioner argues against bail due to the serious nature of the crime, the recovery of the murder weapon, and the influence of the accused over witnesses – The respondents claim they have cooperated with the trial and allegations of threatening witnesses are false – The Supreme Court set aside the High Court’s bail orders, citing the seriousness of the crime and the conduct of the accused – The Court found that the High Court did not exercise its discretion judiciously in granting bail – The Court referenced previous cases outlining the principles for bail consideration, emphasizing the gravity of the crime and the potential for influencing witnesses – The Supreme Court concluded that the accused should be taken into custody and the trial should be concluded expeditiously – The judgment emphasizes the importance of a careful and principled approach to granting bail, particularly in cases involving serious crimes and potential witness tampering.

Apr 28, 2024 sclaw

2024 INSC 323 SUPREME COURT OF INDIA DIVISION BENCH RAMAYAN SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Sanjay Karol and Satish…

Bail Declined

Penal Code, 1860 (IPC) – Sections 147, 148, 149, 302, 336 and 427 – Murder – Cancellation of Bail — The Supreme Court found the High Court’s orders lacked detailed consideration of facts, especially given the severity of the crime and the specific naming of the respondents in the FIR – The Supreme Court set aside the High Court’s orders, cancelled the bail granted to the respondents, and directed them to surrender to custody

Apr 7, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AQEEL AHMAD — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Criminal…

Bail Declined

Grant of Bail – Supreme Court found that the High Court’s order lacked legal sustenance as it did not properly consider the detailed evidence against respondent no.2. – The Supreme Court emphasized the need for brief reasons in bail decisions, as established by precedent – The appeal is allowed, the High Court’s order was set aside, and respondent no.2 was given three weeks to surrender – The order does not prejudice subsequent proceedings or bar fresh bail applications.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM MURTI SHARMA — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Sudhansu Dhulia and Rajesh Bindal, 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…

Bail Declined

Chargesheet having been filed against the accused within the prescribed time limit and the cognizance having been taken by the Special Court of the offences allegedly committed by them, the accused could not have claimed the statutory right of default bail under Section 167(2) on the ground that the investigation qua other accused was pending – Order granting default bail is set-aside – Appeal allowed.

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. KAPIL WADHAWAN AND ANOTHER — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ. )…

Bail Declined

Unlawful Activities (Prevention) Act, 1967 – – Default Bail – High Court also fell in error in not taking into consideration the reasons given under section 43D(2) (b) were clearly made out and explained in the extension letter dated 07.11.2020 giving the details of the progress of the investigation as also the reasons for detaining the respondent. The Public Prosecutor had mentioned in the request that major investigation of the case had been completed and the draft chargesheet had been prepared. However, for want of remaining sanctions and FSL report some more time was required for completing the investigation. – Bail declined

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF NCT OF DELHI — Appellant Vs. RAJ KUMAR @ LOVEPREET @LOVELY — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ…

Bail Declined Prevention of Money Laundering Act

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Penal Code, 1860 (IPC) – Sections 186, 204, 353, 384 and 120-B – Prevention of Money Laundering Act, 2002 – Sections 3, 4 and 45 – Bail – Money Laundering – Merely because accused is a woman should not be granted the benefit of the first proviso to Section 45 of the PMLA and grant bail

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAUMYA CHAURASIA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal Appeal No.…

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Arbitration

Arbitration and Conciliation Act, 1996 — Sections 5, 34, and 37 — Scope of Judicial Intervention — Minimum intervention of judicial authority in domestic arbitration matters is required under Section 5 — Challenge to an arbitral award under Section 34 is limited to specific grounds, including patent illegality or conflict with the public policy of India — Scope of interference by the Appellate Court under Section 37 is akin to and cannot travel beyond the restrictions laid down under Section 34 — Appellate Court cannot undertake an independent assessment of the merits of the award or re-interpret contractual clauses if the interpretation by the Arbitral Tribunal was a plausible view and upheld under Section 34 — Setting aside an arbitral award under Section 37, which was upheld under Section 34, based on providing a different interpretation of contractual clauses is unsustainable in law. (Paras 24, 25, 30, 31, 36, 37, 39, 50, 51)

Jan 11, 2026 sclaw
Limitation

Limitation Act, 1963 — Article 54 — Suit for specific performance — Commencement of limitation period — Where the defendant subsequently executed an affidavit ratifying the agreement to sell and conveying no-objection to the transfer, the period of limitation commences from the date of the admitted affidavit, as this is the stage at which the executant finally refused to execute the sale deed to the extent of her share — Trial court and High Court erred in dismissing the suit on the ground of limitation calculated from an earlier disputed date. (Paras 13, 35, 36, 37)

Jan 11, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 9(2) read with Rule 9(4) of 2001 Rules — Setting aside High Court judgment — High Court erroneously treated the date of filing of the Section 11 petition (28.06.2024) as the commencement date, leading to the conclusion that proceedings commenced beyond the statutory period — Where the arbitration notice was served (on 11.04.2024) well within the 90-day period from the ad-interim injunction order (17.02.2024), proceedings commenced in time as per Section 21 — High Court’s finding unsustainable, resulting in the restoration of the Trial Court’s initial ad-interim injunction order. (Paras 28, 31, 32) E. Arbitration and Conciliation Act, 1996 — Section 9 — Interim injunction — Dispute regarding existence

Jan 11, 2026 sclaw
Corporate

Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39)

Jan 11, 2026 sclaw