Supreme Court of India Judgements

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Category: Bail Declined

Bail Declined

If bail is granted in a casual manner, the prosecution or the informant has a right to assail the order before a higher forum. Propensity of accused tampering with the evidence and influencing the witnesses is an important factor to be borne in mind in such cases – High Court was not right in allowing the applications for bail filed by the accused – Appeal allowed.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAIBUNISHA — Appellant Vs. MEHARBAN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 76 of…

Bail Declined

For the monetary benefits accused-husband hatched a criminal conspiracy with other co-accused to kill his wife and tried to make out an accidental case – – looking to the seriousness of the offence and looking to the nature and gravity of the offence committed by accused-husband, the High Court ought not to have released accused-husband on bail – Appeal allowed.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ISHWARJI NAGAJI MALI — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal…

Bail Declined

Murder of disabled person – Cancellation of Bail – – Accused is a person exercising significant political influence and that owing to the same, the informant found it difficult to get an FIR registered against him – That the accused was arrested only following a protest outside a police station demanding his arrest – Thus, the possibility of the accused threatening or otherwise influencing the witnesses, if on bail, cannot be ruled out

Jan 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR KHOKHAR — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal…

Bail Declined

Cancellation of bail – Director of Prosecution in the administration of justice is crucial – He is appointed by the State Government in exercise of powers under Section 25A of the Code of Criminal Procedure – That his is a crucial role is evident from conditions such as in Section 25A (2) of the Code, which stipulates a minimum legal experience of not less than ten years for a person to be eligible to be Directorate of Prosecution and that such an appointment shall be made with the concurrence of the C J of the High Court – Appeal allowed.

Jan 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAYABEN — Appellant Vs. TEJAS KANUBHAI ZALA AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No.…

Bail Declined

Murder – Cancellation of Bail – While considering an application for bail Courts cannot lose sight of the serious nature of the accusations against an accused and the facts that have a bearing in the case, particularly, when the accusations may not be false, frivolous or vexatious in nature but are supported by adequate material brought on record so as to enable a Court to arrive at a prima facie conclusion

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH BRIJMANI DEVI — Appellant Vs. PAPPU KUMAR AND ANOTHER — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. )…

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. )…

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Mar 14, 2026 sclaw