Supreme Court of India Judgements

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Category: Bail Declined

Bail Declined Cr P C

Default bail – In a case where an accused is released on default bail under Section 167(2) Cr.P.C., and thereafter on filing of the chargesheet, a strong case is made out and on special reasons being made out from the chargesheet that the accused has committed a non-bailable crime bail can be cancelled on merits

Jan 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE THROUGH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. T. GANGI REDDY @ YERRA GANGI REDDY — Respondent ( Before : M.R. Shah…

Bail Declined

ISRO Spy Case – While granting anticipatory bail to the respondents-accused, the High Court has neither considered the allegations against the respective accused nor the role played by them nor the position held by them at the time of registering the FIR in the year 1994 nor the role played by them during the investigation of Crime – Remanded

Dec 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. P.S. JAYAPRAKASH ETC. ETC. — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Criminal…

Bail Declined

Bail – HELD order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of SCOI – the interests of the criminal justice system in ensuring that those who commit crimes are not afforded the opportunity to obstruct justice. Judges are duty-bound to explain the basis on which they have arrived at a conclusion.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AMINUDDIN — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Criminal…

Bail Declined

High Court has not considered the seriousness and gravity of the offence alleged against the respondent – High Court has also not noticed and/or considered that a non-bailable warrant was issued against accused and thereafter, he was arrested in the year 2021 – Order releasing respondent is hereby quashed and set aside – Appeal allowed.

Oct 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH BOHATTI DEVI — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. )…

Bail Declined

Murder – Bail – Cancellation of – As per the settled position of law, gravity and seriousness of the offence is a relevant consideration for the purpose of grant of bail – Role attributed to accused is catching hold of the deceased and the main role of causing injuries to the deceased is assigned to the co accused – Appeal allowed.

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH NITU KUMAR — Appellant Vs. GULVEER AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Criminal Appeal No. 1547…

Bail Declined Murder

Cancellation of bail – Grounds on which the said co-­accused was released on bail and the grounds on which the present respondent is released on bail are same – Once the bail in favour of co­-accused has been cancelled by this Court, the bail in the present case also requires to be cancelled – Bail cancelled.

Sep 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH JOSEPH JOHNSON N. MAITHKURI — Appellant Vs. SUBRAHMANYA AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Criminal Appeal…

Bail Declined

Appeal against grant of anticipatory bail HELD It is a peremptory direction affecting a third party. The adverse impact of the direction goes to the very livelihood of the appellant. It has also civil consequences for the appellant. Such a peremptory direction and that too, without even issuing any notice to the appellant was clearly unjustified

Aug 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KANCHAN KUMARI — Appellant Vs. THE STATE OF BIHAR AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Criminal…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw