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Landmark Judgments and Articles on Law

Whether the court must hear accused before allowing prosecution extension of time for filing of chargesheet?

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9135 of 2021 Biru Singh Vs State of Odisha CORAM: JUSTICE SASHIKANTA MISHRA Dated: 22.02.2022 1. These matters are taken up through hybrid mode. 2. Heard learned counsel for the petitioners and learned Addl. Standing…

Bail granted in Gangrape case

ALLAHABAD HIGH COURT Court No. – 76 Case :- CRIMINAL APPEAL No. – 5119 of 2021 Appellant :- Suresh Yadav @ Suresh Kumar Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Awadhesh Kumar Sharma,Sharda Vishwakarma,Swati Agrawal Srivastava Counsel for Respondent :-…

Object of the bail is to ensure the presence of the accused during the trial is neither to punish the accused by keeping him in jail or to teach him a lesson

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Hon’ble Vikas Kunvar Srivastav, J. BAIL No. – 5451 of 2018 Ajay Kumar vs. State Of U.P Counsel for Applicant :- Sudhakar Mishra,Atul Verma,Hari Krishna Verma,Shitla Prasad Tripathi; Counsel for Opposite Party :- G.A. 1. The case…

Allowing Videos/Photos of Rape Victims to remain on Social Media is Violate their Fundamental right to Privacy

HIGH COURT OF ORISSA: CUTTACK BLAPL No.4592 OF 2020 (In the matter of an application under Section 439, Criminal Procedure Code, 1973) Subhranshu Rout @ Gugul … Petitioner Versus State of Odisha … Opposite Party For petitioner : Shri Bibhuti Bhusan Behera and S. Bahadur,…

Factor to be considered by court while deciding bail application in POCSO Act

IN THE HIGH COURT OF DELHI Bail Appl. 1559/2020 Decided On: 22.09.2020 Dharmander Singh Vs. The State (Govt. of NCT, Delhi) Hon’ble Judges/Coram: Anup Jairam Bhambhani, J. Citation: MANU/DE/1775/2020 1. The applicant, who is stated to be about 24 years of age, is an accused in…

SC : Court cannot impose condition of deposit of money while granting default Bail U/s 167(2) CrPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 681­682 OF 2020 (Arising from S.L.P. (Criminal) Nos.4386­4387/2020) Saravanan …Appellant Versus State represented by the Inspector of Police …Respondent J U D G M E N T M.R. SHAH, J. Leave granted. 2….

Whether the court can reject bail to accused on the ground that he is not cooperating with the police investigation?

IN THE HIGH COURT OF DELHI Bail Appl. 913/2020 Decided On: 18.06.2020 Navendu Babbar Vs. State of NCT of Delhi Hon’ble Judges/Coram: Anup Jairam Bhambhani, J. Citation: MANU/DE/1267/2020 1. The applicant is an accused in case FIR No. 88/2015 dated 30.06.2015 registered under sections 420/467/468/471/120-B…

Whether court should release accused on bail on filing of chargesheet?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2178 OF 2011 (Arising out of SLP (Crl.) No. 5650 of 2011) Sanjay Chandra ………… Appellant versus CBI ………… Respondent along with CRIMINAL APPEAL NO.2179 OF 2011 (Arising out of SLP (Crl.) No. 5902…

Whether the court can reject the bail to accused only on serious offences ?

IN THE HIGH COURT OF DELHI Bail Appln. 401/2018, Bail Appln. 752/2018 and Bail Appln. 1332/2018 Decided On: 20.06.2018 Ashok Sagar Vs State (NCT of Delhi) Hon’ble Judges/Coram: C. Hari Shankar, J. Citation: MANU/DE/2248/2018 1. These are applications for regular bail, filed by the accused…

No auto bail entitlement u/s 438 Cr.P.C should seek regular bail u/s 439 Cr.P.C

HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. – 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. – 58109 of 2019 Applicant :- Abhimanyu Pratap Singh Tyagi And Another Opposite Party :- C. B. I Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party…

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