Supreme Court of India Judgements

46054 Judgements hosted as on 15/11/2023 - Search (FREE), Subscribe, Read & Download

Category: Bail Granted

Bail Granted

Criminal Law – Transit anticipatory bail – In situations where an accused is a resident in a state different from where the FIR is registered, full-fledged anticipatory bail cannot be sought in the resident state – However, the individual is entitled to apply for transit anticipatory bail from the Court of Session or High Court in their resident state

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRIYA INDORIA — Appellant Vs. STATE OF KARNATAKA AND OTHERS ETC. — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Criminal…

Bail Granted

Criminal Procedure Code, 1973 (CrPC) – Section 389(1) – Appeal for suspension of sentence is pending – Bail Canceled by High Court – Appeal – Under no circumstances, the bail granted to an accused under sub-section 1 of Section 389 can be cancelled without giving a reasonable opportunity to the accused of being heard – Under sub-section 1 of Section 389, while suspending the sentence of the appellant-accused who is in Jail, the Appellate Court has to enlarge the accused on bail till the final disposal of the appeal – Second proviso to sub-section 1 of Section 389 permits the Public Prosecutor to file an application for cancellation of the bail granted under sub-section 1 –

Nov 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PURUSHOTHAMAN — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : Abhay S.Oka and Pankaj Mithal, JJ. ) Criminal Appeal No. 3341…

Bail Granted

Prevention of Money Laundering Act, 2002 – Section 4 – Punishment for money laundering – Bail – As a result, the respondents argue that this money is the proceeds of a criminal activity – Appellant being accused of possessing Rs. 30 lakh in his bank account, it’s important to note that this money was deposited on January 24, 2022, which precedes the alleged illegal activity

Sep 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BACHHU YADAV — Appellant Vs. DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA REPRESENTED BY ITS ASSISTANT DIRECTOR (PMLA) AND ANOTHER — Respondent ( Before :…

Bail Granted

Not finding of material to satisfy that release of the Appellant on bail shall be a liberty to the Appellant to influence the witnesses or there is any danger of justice being thwarted by such order being passed – In agreement with the ultimate view of the High Court – Order granting bail is upheld – Appeal dismissed.

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH XXX — Appellant Vs. UNION TERRITORY OF ANDAMAN AND NICOBAR ISLANDS AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…

Anticipatory Bail Bail Granted

Anticipatory bail – Cruelty to wife – Once the chargesheet was filed and there was no impediment, at least on the part of the accused, the court having regard to the nature of the offences, the allegations and the maximum sentence of the offences they were likely to carry, ought to have granted the bail as a matter of course –

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MD. ASFAK ALAM — Appellant Vs. THE STATE OF JHARKHAND AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ.…

Bail Granted

Penal Code, 1860 (IPC) – Sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120B read with Section 34 – Unlawful Activities (Prevention) Act, 1967 – Sections 13, 15(1)(b), 16, 17, 18, 18B, 20, 38, 39, 40 and 43D(5) – Mere holding of certain literatures through which violent acts may be propagated would not ipso facto attract the provisions of Section 15(1)(b) of the said Act – There has been no credible evidence of commission of any terrorist act or enter into conspiracy to do so to invoke the provisions of Section 43D(5) of the 1967 Act – Bail granted with conditions.

Jul 31, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VERNON — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Criminal Appeal…

Bail Granted

Gujarat Control of Terrorism and Organised Crime Act, 2015 – IPC – Earlier the FIR thereof having been quashed by the High Court, even prior to the filing of the charge-sheet, even for the sake of argument, if accepted, helps the Appellant and tilt the balance in his favour – The Appellant has succeeded in making out a prima facie case for the grant of bail – Appeal Allowed.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ATULBHAI VITHALBHAI BHANDERI AND OTHERS — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Ajay Rastogi and Ahsanuddin Amanullah, JJ. ) Criminal…

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I P C

(CrPC) – Sections 482, 378 and 407 – Penal Code, 1860 (IPC) – Sections 448, 454 and 380 – Theft – Discharge application – When coupled with the fact that the police did not find any offences having been made out against the appellants under Sections 454 and 380, IPC, the case against the appellants under Section 448, IPC finds itself on shaky ground – There is no suspicion, much less strong or grave suspicion that the appellants are guilty of the offence alleged

Nov 29, 2023 sclaw
Service

Promotion by selection through LDCE vis-à-vis competitive examination is a facility or a chance given for out of their promotion without waiting for the normal course of promotion – It in effect is selection through competitive examination within the limited category of candidates and cannot be equated with normal promotion – This being the position, the argument that regular promotion criteria had to be applied with regard to medical fitness even in the matter of selection through LDCE is not acceptable

Nov 29, 2023 sclaw
Education

Right of Children to Free and Compulsory Education Act, 2009 – Section 23(1) – Appointment of teachers for Class I to VIII – Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, it can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed – An authority cannot issue orders/office memorandum/executive instructions in contravention of the statutory rules

Nov 29, 2023 sclaw
I P C

(IPC) – Sections 307, 323 and 324 – Attempt to murder – Intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances – the injuries on complainant and his mother have been found to be simple in nature, which is an additional point in the appellants’ favour – Only offences under Sections 323 and 324 of the IPC can be made out – Conviction under Section 307, IPC is unsustainable

Nov 29, 2023 sclaw