Supreme Court of India Judgements

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Category: Bail Granted

Bail Granted

Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records ‘Displeasure’ About Long Pendency Of Bail Plea In HC HELD “We have no hesitation in observing that adopting such a course, that too, by a constitutional Court, is wholly unfathomable and must be eschewed.”

Feb 21, 2020 sclaw

Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records ‘Displeasure’ About Long Pendency Of Bail Plea In HC [Read Order] LIVELAW NEWS NETWORK 21 Feb 2020 12:56…

Bail Granted

IMP :: Anticipatory Bail Cannot Be Limited To A Fixed Period Except In Special And Peculiar Circumstances: SC HELD anticipatory bail should not invariably be limited to a fixed period. But if there are any special or peculiar features necessitating the court to limit the tenure of anticipatory bail, it is open for it to do so, life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed, but can continue till the end of the trial except in special and peculiar cases.

Jan 29, 2020 sclaw

  Anticipatory Bail Cannot Be Limited To A Fixed Period Except In Special And Peculiar Circumstances: SC  Ashok Kini 29 Jan 2020 5:25 PM The Supreme Court has held that…

Bail Granted

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) – Sections 36A, 37 and 67 – Criminal Procedure Code, 1973 (CrPC) – Section 167 – Illegally transportion of heroin – Bail application – prosecution story is that the brother himself did not know what was loaded on the ship till he was informed by the owner of the vessel. Even when the heroin was loaded in the ship it was supposed to go towards Egypt and that would not have been a crime under the NDPS Act – Bail granted

Jan 28, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUJIT TIWARI — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. ) Criminal…

Bail Granted

Penal Code, 1860 (IPC) – Section 302 read with Sections 120-B/34, 147, 148 and 149 – Criminal Procedure Code, 1973 (CrPC) – Section 161 – Murder by gunshots – There has been no wrong or improper exercise of discretion on the part of the High Court in granting bail to the accused

Jan 25, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRABHAKAR TEWARI — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Criminal…

Bail Granted

Penal Code, 1860 (IPC) – Sections 148, 120-B, 302 read with Section 149 – Criminal Procedure Code, 1973 (CrPC) – Section 439(2) – Murder – Tampering with evidence – Bail Cancelled – Appeal against -Order of the Sessions Court by which the bail was granted to the Appellants cannot be termed as perverse as the Sessions Court was conscious of the fact that the investigation was completed and there was no likelihood of the Appellant tampering with the evidence

Jan 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MYAKALA DHARMARAJAM AND OTHERS ETC. — Appellant Vs. THE STATE OF TELANGANA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant…

Bail Granted

This Court are inclined to grant interim relief claimed by the petitioner to release him on bail directly by this Court in connection with all the FIRs mentioned in prayer clause (c) and other FIRs that have been or likely to be registered against the petitioner in connection with the project, namely, “Grand Venice”, in particular, Mall and Commercial Tower

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATINDER SINGH BHASIN — Appellant Vs. GOVERNMENT OF NCT OF DELHI AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ.…

Bail Granted

Indian Penal Code, 1860, S.365 and S.394–Bail–Kidnapping-Appellant is in custody from about last 4 months—Further custody of the accused will come in the way of conduct of trial that will have to be held against him-Appellant ought to be released on bail-Bail granted-Criminal Procedure Code, 1973, S.439

Aug 13, 2019 sclaw

2019(2) Law Herald (P&H) 937 (SC) : 2019 LawHerald.Org 617 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr, Justice L. Nageswara Rao Hon’ble Mr. Justice Sanjiv Khanna Criminal Appeal…

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Cr P C

Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17)

Dec 8, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)

Dec 8, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of Criminal Proceedings — Indian Penal Code (IPC), 1860 — Sections 420 (Cheating), 344 (Wrongful confinement for ten or more days), and 506 (Criminal intimidation) — Scope of quashing power: Quashing under Section 482 CrPC must be exercised sparingly, with circumspection, and only in exceptional situations; court must avoid delving into disputed facts at the pre-trial stage — Interference is warranted only when the case falls within recognized parameters (like those in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335) — Where allegations in FIR and charge sheet, corroborated by witness statements, prima facie disclose essential ingredients of offences under Sections 420, 344, and 506 IPC, quashing is unwarranted. (Paras 12, 18, 20, 23, 25, 30, 32, 34)

Dec 7, 2025 sclaw
Service

Service Law — Termination of Contractual Service — Qualifications — Interpretation of Educational Qualifications — Advertisement requiring “Postgraduate degree in Statistics” — Appellant holding M.Com. degree with Business Statistics and Indian Economic Statistics as principal subjects — Where no Government university offers a degree exclusively titled “Postgraduate degree in Statistics,” insisting solely on the title of the degree, without considering the actual curriculum, amounts to elevating form over substance — The interpretation must be contextual and purposive — Termination based solely on the title of the degree, ignoring expert opinion (Director, W.S.O., S.W.M., P.H.E.D.) that the appellant meets the requirement and the University certificate confirming inclusion of Statistics as principal subjects, is arbitrary and unreasonable. (Paras 3, 4, 31, 32, 37, 44)

Dec 7, 2025 sclaw