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Supreme Court on Anticipatory Bail [Judgments]

From 2010

Jaskaran Singh vs State Of Punjab And Anr on 25 April, 2017

Sections 498A/494/406/420/120B of the Indian Penal Code-There are allegations of cruelty, harassment, fraud and the threats being given by the appellant-The second respondent in her complaint has alleged that her husband, the appellant herein, had married Karamveer Kaur during the subsistence of her marriage-It is evident that the petition filed by Karamveer Kaur under Section 9 of the Hindu Marriage Act against the appellant has been withdrawn on 24th February, 2016. The High Court has not taken into consideration the withdrawal of this petition. It is also evident that the second respondent is residing in the matrimonial home with the mother of the appellant. There are no criminal antecedents against the appellant except the present case. We are of the view that the High Court is not justified in rejecting the application of the appellant for grant of anticipatory bail- Bail granted.

The State Of Bihar And Anr vs Amit Kumar @ Bachcha Rai on 20 April, 2017

High Court, granting conditional bail to the respondent, State of Bihar is in appeal before SC-Offences under  Section 420, 465, 468, 471, 120B of Indian Penal Code, 1860-senior counsel Mr. U.R. Lalit appearing for the respondent-accused has contended that as there is no evidence of money being exchanged by the accused, there is no possibility of conviction in this case. Further learned senior counsel for respondent has vehemently argued that, except for the evidence of the co-accused, there is no evidence to establish that there was exchange of money between the respondent and other members involved in the conspiracy. Furthermore he contended that the statements of co-accused cannot be taken into account as the same is inadmissible in the eyes of law. Moreover he pointed out that the seizure of materials like rubber stamps etc, which were found in a sister premises, cannot be relied upon-A bare reading of the order impugned discloses that the High Court has not given any reasoning while granting bail. In a mechanical way, the High Court granted bail more on the fact that the accused is already in custody for a long time. When the seriousness of the offence is such mere fact that he was in jail for however long time should not be the concern of the Courts-We are conscious of the fact that the accused is charged with economic offences of huge magnitude and is alleged to be the kingpin/ring leader. Further it is alleged that the respondent-accused is involved in tampering with the answer sheets by illegal means and interfering with the examination system of Bihar Intermediate Examination 2016 and thereby securing top- it should be noted that there is no straight jacket formula for consideration of grant of bail to an accused. It all depends upon the facts and circumstances of each case-Section 439 of The Code of Criminal Procedure, 1973, which is the bail provision, places responsibility upon the courts to uphold procedural fairness before a person’s liberty is abridged. Although ‘bail is the rule and jail is an exception’ is well established in our jurisprudence, we have to measure competing forces present in facts and circumstances of each case before enlarging a person on bail-we cannot lose sight of the fact that the investigating agency is going to file additional charge sheet. Therefore, the respondent’s presence in the custody may be necessary for further investigation- Appeal allowed.

Rani Dudeja vs State Of Haryana on 30 March, 2017

when second application under Section 438 Cr.P.C. was filed, the High Court should have considered the same on merits. The principle of res judicata could not have operated in an application for bail.

Virupakshappa Gouda And Another vs The State Of Karnataka And Another on 28 March, 2017

Offences punishable under Sections 143, 147, 148, 323, 302, 504, 114 read with Section 149 of the Indian Penal Code (IPC)-the accused after being taken into custody, in the course of investigation preferred an application under Section 439 of the Code of Criminal Procedure Principal Sessions Judge at Raichur, which stood dismissed-Being agrieved by the aforesaid order of rejection for grant of bail, the accused-appellants moved the High Court of Karnataka.  The High Court adverted to the deadly weapons that were carried by the accused persons, the nature of injuries sustained on the vital parts by the deceased and the allegation of specific overt acts, and rejected the application- Thereafter, a second application for grant of bail was moved by the appellants before the Principal Sessions Judge at Raichur,  It was contended before the learned trial Judge that as, in the meantime, the investigation had been completed and the charge-sheet had been filed, there had been a change of circumstance and hence, they were entitled to be admitted to bail-on rejection appellants to move the High Court who rejected the same after referring to the nature of alleged assault by the accused persons, the type of injury sustained by the deceased and considering the pertinent facts did not accede to the prayer for grant of bail-Being grieved by the aforesaid order, the appellants preferred Special Leave Petition which was dismissed . The accused moved third application to session judge which was allowed – the informant moved the High court , the High Court allowed the application for cancellation of bail and set aside the order passed by the learned Additional Sessions Judge- The courts considering the bail application should try to maintain fine balance between the societal interest vis-a-vis personal liberty while adhering to the fundamental principle of criminal jurisprudence that the accused is presumed to be innocent till he is found guilty by the competent court-A bail application is not to be entertained on the basis of certain observations made in a different context. There has to be application of mind and appreciation of the factual score and understanding of the pronouncements in the field- the learned trial Judge has not been guided by the established parameters for grant of bail. He has not kept himself alive to the fact that twice the bail applications had been rejected and the matter had travelled to this Court. Once this Court has declined to enlarge the appellants on bail, endevours to project same factual score should not have been allowed. It is absolute impropriety and that impropriety call for axing of the order-the Bail appeal, being sans merit, stands dismissed. As we have dismissed the appeal, the appellants shall surrender to custody forthwith and it will be the duty of the trial Judge to see that they are taken into custody.

Referral Judgments

Ram Kishan Fauji vs State Of Haryana And Ors on 21 March, 2017

Prassanna Venkardari Agrahar vs State Of Maharashtra on 9 March, 2017

The State Of Telangana vs Habib Abdullah Jeelani & Ors on 6 January, 2017

National Campaign On D.H. Rights & … vs Union Of India & Ors on 15 December, 2016

State Of Bihar vs Rajballav Prasad @ Rajballav Pd. … on 24 November, 2016

Het Ram Beniwal & Ors vs Raghuveer Singh & Ors on 21 October, 2016

Vilas V. Sanghai vs Sumermal Mishrimal Bafna & Anr on 30 September, 2016

Sujatha Ravi Kiran vs State Of Kerala And Ors on 12 May, 2016

Supreme Court … vs Union Of India on 16 October, 2015

Sudhir vs The State Of Maharashtra & Anr on 1 October, 2015

Bhadresh Bipinbhai Sheth vs State Of Gujarat & Anr on 1 September, 2015

Ashish Gopaldas Alias Gopikisan … vs State Of Maharashtra on 10 August, 2015

C. Chandrasekaraiah vs State Of Karnataka on 13 April, 2015

Teesta Atul Setalvad And Anr vs State Of Gujarat on 19 March, 2015

Ramdev Food Products Private … vs State Of Gujarat on 16 March, 2015

K.P. Manu,Malabar Cements Ltd vs Chairman,Scrutiny Commt … on 26 February, 2015

Sonu Gupta vs Deepak Gupta & Ors on 11 February, 2015

Dr.Vinod Bhandari vs State Of M. P on 4 February, 2015

Rakesh Baban Borhade vs The State Of Maharashtra & Anr … on 19 November, 2014

K.Saravanan Karuppasamy & Anr vs State Of T.Nadu & Ors on 16 September, 2014

Munna vs State Of M.P on 16 September, 2014

Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014

Union Of India & Ors vs R.P.Singh on 22 May, 2014

Sanghian Pandian Rajkumar vs Cbi & Anr on 28 March, 2014

Sundeep Kumar Bafna vs State Of Maharashtra & Anr on 27 March, 2014

Km. Hema Mishra vs State Of Up & Ors on 16 January, 2014

State Of Gujarat vs Kishanbhai on 7 January, 2014

State Of M.P vs Pradeep Sharma on 6 December, 2013

Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013

Sudam Charan Dash vs State Of Orissa on 25 October, 2013

Sushil Sharma vs State (Nct) Of Delhi on 8 October, 2013

Ranjit Singh vs State Of M.P & Ors on 27 September, 2013

Sumit Mehta vs State Of N.C.T. Of Delhi on 13 September, 2013S.

Periammal & Ors vs Insp.Of Police on 2 August, 2013

Subhash Popatlal Dave vs Union Of India & Anr on 16 July, 2013

Sharanjit Kaur & Anr vs State Of Punjab on 1 July, 2013

Sarabjit Singh vs State Of Punjab & Ors on 1 July, 2013

Chandran Ratnaswami vs K.C. Palanisamy & Ors on 9 May, 2013

Shakuntla Devi vs Baljinder Singh on 15 April, 2013

K.S.Panduranga vs State Of Karnataka on 1 March, 2013

K. Srinivas Rao vs D.A. Deepa on 22 February, 2013

R.Mahalingam vs Chairman,Tnpsc & Anr on 20 February, 2013A.

Savariar vs The Secretary Tnpsc & Anr on 15 February, 2013

Anju Chaudhary vs State Of U.P.& Anr on 13 December, 2012

Anju Chaudhary vs State Of U.P.& Anr on 13 December, 2012

Ritesh Sinha vs State Of U.P.& Anr on 7 December, 2012

Gurpal Singh vs High Court Of Judicature For … on 27 November, 2012

Padmakar Tukaram Bhavnagare & Anr vs State Of Maharashtra & Anr on 26 November, 2012

Khandakar Kamaruzzaman @ Kamal vs State Of West Bengal on 17 October, 2012

Kanwar Singh Meena vs State Of Rajasthan & Anr on 16 October, 2012

Baby Devassy Chully @ Bobby vs Union Of India And Ors on 12 October, 2012

Manubhai Ratilal Patel … vs State Of Gujarat & Ors on 28 September, 2012

Vilas Pandurang Pawar & Anr vs State Of Maharashtra & Ors on 10 September, 2012

Maruti Nivrutti Navale vs State Of Maharashtra & Anr on 7 September, 2012

Lavesh vs State (Nct Of Delhi) on 31 August, 2012

Satyajit Ballubhai Desai & Ors vs State Of Gujarat on 20 July, 2012

Tejendra Singh Walia vs State Of M.P on 13 July, 2012

Dropti Devi & Anr vs Union Of India & Ors on 2 July, 2012

Registrar General,Patna High … vs Pandey Gajendra Prasad & Ors on 11 May, 2012

Rashmi Rekha Thatoi & Anr vs State Of Orissa & Ors on 4 May, 2012

Emmanuel Eric vs State Of Haryana Thr.Secretary on 27 April, 2012

Tarakant Singh vs State Of Bihar & Anr on 2 April, 2012

Shobhan Singh Khanka vs State Of Jharkhand on 30 March, 2012

Shobhan Singh Khanka vs State Of Jharkhand on 30 March, 2012

Jai Prakash Singh vs State Of Bihar & Anr.Etc on 14 March, 2012

Satish vs State Of Haryana on 12 March, 2012

Subramanian vs State Of T.Nadu & Anr on 21 February, 2012

Rattiram & Ors vs State Of M.P.Tr.Insp.Of Police on 17 February, 2012

Susanta Ghosh vs State Of West Bengal on 3 February, 2012

Rameshbhai Dabhai Naika vs State Of Gujarat & Ors on 18 January, 2012

Abdul Rehman & Ors vs K.M.Anees-Ul-Haq on 14 November, 2011

Denial Dass vs State Of Punjab on 14 November, 2011

Dinbandhu vs State Of Bihar & Anr on 23 September, 2011

Bhaskar Mishra vs State Of M.P on 8 August, 2011

Senior Intelligence Officer vs Jugal Kishore Samra on 5 July, 2011

Muthu Karuppan vs Parithi Ilamvazhuthi & Anr on 15 April, 2011

Rajendra Harakchand Bhandari & … vs State Of Maharashtra & Anr on 8 April, 2011

Anil Kumar Gupta vs State Of U.P on 9 March, 2011

Siddharam Satlingappa Mhetre vs State Of Maharashtra And Ors on 2 December, 2010

Ashish Khare vs State Of M.P on 12 November, 2010

State Of Maharashtra & Ors vs Arun Gulab Gawali & Ors on 27 August, 2010

Virender Prasad Singh vs Rajesh Bhardwaj & Ors on 16 August, 2010

Pravinbhai Kashirambhai Patel vs State Of Gujarat & Ors on 8 July, 2010

Vijeta Gajra vs State Of Nct Of Delhi on 8 July, 2010

Vijeta Gajra vs State Of Nct Of Delhi on 7 July, 2010

Selvi & Ors vs State Of Karnataka & Anr on 5 May, 2010

Mukesh Kishanpuria vs State Of West Bengal on 3 May, 2010

Sidhartha Vashisht @ Manu Sharma vs State (Nct Of Delhi) on 19 April, 2010

Maharashtra University Of Health … vs Satchikista Prasarak Mandal & Ors on 25 February, 2010

Maharashtra University Of Health … vs Satchikista Prasarak Mandal & Ors on 25 February, 2010

Manisha Tyagi vs Deepak Kumar on 10 February, 2010

Rubabbuddin Sheikh vs State Of Gujarat & Ors on 12 January, 2010

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