Supreme Court of India Judgements

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Category: Bail Declined

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.…

Bail Declined

India cannot have two parallel legal systems, “one for the rich and the resourceful and those who wield political power and influence and the other for the small men without resources and capabilities to obtain justice or fight injustice.” The existence of a dual legal system will only chip away the legitimacy of the law. – Order of High Court shall stand set aside – Bail cancelled

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOMESH CHAURASIA — Appellant Vs. STATE OF M.P. AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hrishikesh Roy, JJ. )…

Bail Declined

Court at an earlier instance had taken note of all aspects and had arrived at the conclusion that there is prima facie material against the accused, the mere examination of the wife herein cannot be considered as a change in circumstance for the High Court to consider the fourth bail application of the accused and enlarge him on bail – Opinion that the order passed by High Court impugned herein is not sustainable – Bail cancelled

Jul 18, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH MAMTA NAIR — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hrishikesh Roy, JJ.…

Bail Declined

It is needless to point out that in cases of this nature, it is important that courts do not enlarge an accused on bail with a blinkered vision by just taking into account only the parties before them and the incident in question -the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SUDHA SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S.A. Bobde, C.J.I, A.S. Bopanna and V.…

Bail Declined

(IPC) – Ss 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506(2) and 34 – Arms Act, 1959 – Ss 25(1-b) A, 27 and 29 – (CrPC) – S 439 – Five Murders – Land Dispute – High Court Grants Bail Duty to record reasons is a significant safeguard which ensures that the discretion which is entrusted to the court is exercised in a judicious manner. The recording of reasons in a judicial order ensures that the thought process underlying the order is subject to scrutiny and that it meets objective standards of reason and justice

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESH BHAVAN RATHOD — Appellant Vs. VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R.…

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Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent

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