Supreme Court of India Judgements

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Category: Bail Declined

Bail Declined

Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non-application of mind – not a fit case for grant bail.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LAXMAN PRASAD PANDEY — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S.…

Bail Declined

Penal Code, 1860 (IPC) – Sections 302 and 201 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 15A, 15A(3) and 15A(5) – Murder – Cancellation of bail – Notice issued to victim under sub-sections (3) and (5) of Section 15A are mandatory in nature – In the present case, it is evident that the right to notice and to be heard were violated -Bail cancelled – Appeal allowed.

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARIRAM BHAMBHI — Appellant Vs. SATYANARAYAN AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna, JJ. ) Criminal Appeal…

Bail Declined

Murder – Cancellation of bail – There is a specific allegation that the second respondent has actively aided the commission of the crime by furnishing information about the movements of the deceased to the killers – High Court has failed to notice relevant circumstances bearing on the seriousness and gravity of the crime and the role attributed to the second respondent – Bail cancelled – Appeal allowed.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  BHOOPENDRA SINGH — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna, JJ. )…

Bail Declined

Criminal Procedure Code, 1973 (CrPC) – Section 438 – Anticipatory bail – Cancellation of – Murder – Order granting anticipatory bail has ignored material aspects, including the nature and gravity of the offence, and the specific allegations – Hence, a sufficient case has been made out for cancelling the anticipatory bail granted by the High Court – Impugned judgments of High Court granting anticipatory bail to second respondents in these appeals – are set aside – Appeals allowed.

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRASHANT SINGH RAJPUT — Appellant Vs. THE STATE OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V.…

Bail Declined

The directions issued had the potential for breaching the constitutional and legal rights of individuals who could be or are arraigned in criminal action and also put fetters on power of investigating agencies. Though the impact of the orders under appeal no more survives, we decided to express our opinion on the subject-controversy. With these observations, we allow the appeals. As both the applications for bail have been rejected, there is no necessity of formally setting aside the orders under appeal.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HIGH COURT OF JUDICATURE FOR RAJASTHAN — Appellant Vs. THE STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

Bail Declined

(IPC) – S 302 and 120B – (CrPC) – Section 439 – Cancellation of Bail – Conspiracy – Murder – Tampering with evidence – Deceased was employed with the Intelligence Bureau – Mobile phone of the wife of the deceased was seized and it showed that she had been in constant touch with the First respondent-accused after the death of her husband – First respondent himself being an employee of the Anti-Corruption Bureau, the likelihood of the evidence being tampered with and of the witnesses being suborned cannot be discounted – surmise that the police had “developed a case” that Ketamine was administered, after four months of the incident – Conclusion that the High Court was in error in allowing the application for bail – Appeal allowed.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI MAHADEV MEENA — Appellant Vs. PRAVEEN RATHORE AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and BV Nagarathna, JJ. )…

Bail Declined

Murder – Cancellation of bail – Giving threats to the complainant side and the other witnesses and the offences under Sections 504 & 506 IPC can be said to be a very serious offence – Therefore, the aforesaid conduct ought not to have been taken by the High Court very lightly – High Court has committed a grave error in releasing the accused on bail pending appeals against the judgment and order of conviction for the offences under Sections 302/149, 201 r/w 120B IPC.

Sep 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHAKUNTALA SHUKLA — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ.…

Bail Declined

Murder – Bail – Cancellation of – Habitual offender – Hatching conspiracy from the jail – There is a high possibility of threat and danger to the life and safety of complainant and his family members, as is evident from the criminal history of accused, detailed – Bail cancelled – Appeal allowed.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARJIT SINGH — Appellant Vs. INDERPREET SINGH @ INDER AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ.…

Bail Declined

Murder – Cancellation of Bail – High court grants bail in second bail application without discussion or analysis of circumstances – Observations made by the High Court “considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the second bail application” does not constitute the kind of reasoning which is expected of a judicial order

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUMER SINGH — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R. Shah, JJ.…

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