Custodial statements under Section 50 PMLA are inadmissible; MP High Court grants bail
“The arrest should be rational, fair and as per law and shall not be merely based upon guilt of accused established from inadmissible evidence.”
Bail
[POCSO Act] ‘Marriage decided with good intent’; Bombay HC grants bail to a man accused of impregnating his minor fiancé
One of the conditions imposed by the Court for granting bail is that applicant-accused shall not be in a physical relationship with the victim till they are legally married.
Criminal Law Roundup | A quick recap of top criminal law cases from October 2024
Read about the significant criminal law matters heard and decided by the Supreme Court and High Courts in October 2024
‘Right to Dignity under Article 21 includes fulfilling marital vows taken during marriage’; Rajasthan High Court grants bail
“Petitioner is a person with family ties and is not a flight risk. Nature of prosecution evidence is mostly all documentary in nature, which has been seized and there is no likelihood of tempering with the same.”
‘Right to live with dignity under Article 21 encompasses father’s right to attend son’s wedding’; Rajasthan High Court grants bail
“Right to life does not mean mere right to exist but to live with dignity. Such a right cannot be and ought not be curtailed on the ground that petitioner father’s is an accused in pending cases.”
Mere allegations of close association with terrorist gang without specific evidence is insufficient; Jharkhand HC grants bail to UAPA accused
Mere presence of the antecedents will not lead to a presumption about the active involvement of the accused in any activity, without any material proof in support.
[Delhi Liquor Excise Policy Scam] Supreme Court grants bail to businessman Amandeep Singh Dhall in CBI case
With this order, all the accused in the liquor policy case—including AAP leaders Arvind Kejriwal, Manish Sisodia, Sanjay Singh, and BRS leader K. Kavitha, have been granted bail.
Burning dead body inside someone’s house without proper rites is disrespectful & desecratory; Rajasthan High Court denies bail
The complainant was coerced into following a tribal or customary practice, such as “Mautana,” which involves compensating or appeasing the family of the deceased in cases of accidental death.
Supreme Court grants bail to Amar Sadhuram Mulchandani, former chairperson of Seva Vikas Co-operative Bank, in money laundering case
“However strict the PMLA is, we have to operate within the four corners of the law. The law tells us that someone who is sick and infirm should be granted bail. The point that he can be treated in a government hospital is no answer to what the statute says.”
Allahabad High Court denies bail to SP Leader Moid Ahmad in Ayodhya Minor Gang rape case
Allahabad High Court permitted the Moid Ahmad to apply for bail afresh after the expiry of four weeks and after the recording of the testimony of the informant and the victim.
Juvenile tried as adult cannot be denied bail solely due to absence of male member in family to supervise him: MP High Court
The primary objective of the JJ Act is the rehabilitation of juveniles rather than punishment. The grant or denial of bail/suspension should be based on the individual’s conduct and circumstances, not solely on the severity of the offense.
Bombay HC grants relief to Shiv Sena leader for allegedly making bizzare gestures/utterances against a female journalist
The exact gestures made by appellant are not reflected in the FIR statement, which merely alleges making of bizarre gestures and whether the gestures allegedly made by appellant fit into the expression “gestures of a sexual nature” is questionable at this stage.
MP High Court issues directions for Strict Compliance of CCTV Maintenance and Police Accountability
Despite the Court granting bail on 11-09-2024, the case was not immediately disposed of, as there were concerns regarding lapses in maintaining CCTV footage at the police station in Manasa, District-Neemuch.
‘Cutting one’s nose is a serious crime due to its physical, emotional and social implications’; Rajasthan High Court denies bail
“Nose is a crucial part of the human body with both functional and symbolic importance. It also holds social and cultural significance, being a prominent feature of the face that contributes to identity, appearance and self-esteem.”
‘Ganja’ under S.2(iii)(b) of NDPS Act covers only flowering/fruiting tops of cannabis plant, excludes seeds/leaves; Bombay HC grants bail
There is inordinate delay in conducting the trial and, therefore, the right of the accused to have a speedy trial is affected.
Supreme Court grants bail to POCSO accused after five months in custody
Supreme Court directed the accused to extend complete cooperation in the trial, and to not misuse his liberty in any manner or to influence the witnesses in any way. In addition, the accused was directed to not make any attempts to re-associate with the victim girl in any manner either through a device or in-person.
[Cash-for-Job Scam] Supreme Court grants bail to former TN Minister V Senthil Balaji in money laundering case
V. Senthil Balaji was arrested and remanded to judicial custody on 14-06-2023 for an alleged offence under Section 3 of PMLA.
Calcutta High Court grants bail to DYF leader Kalatan Dasgupta and restrained authorities from taking coercive action
‘Since Kalatan Dasgupta had already provided his statement and his mobile phone had been seized, he shall not be involved in further investigative proceedings without leave of Court.’
Allegations are general in nature’; Bombay HC grants bail to trustees, homeopathic doctor allegedly providing bogus doctors to M. T. Agarwal Hospital
The informant’s statement does not identify individual/s as victims whose deaths/injuries can be relatable to specific acts of commission/omission on the part of applicants before this Court.
‘Anathema to democratic & orderly society’; Orissa HC grants bail to young woman lawyer over alleged custodial assault, harassment
The petitioner- accused is a practising lawyer and daughter of a Brigadier of the Indian Army. However, instead of registering her complaint for road rage, it was alleged that the Police personnel started misbehaving with her and her Indian Army Major- friend.