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Landmark Judgments and Articles on Law

Whether court should consider the role of the accused in crime if he is claiming bail on the ground of parity?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 1089 of 2021 Shri Mahadev Meena Vs Raveen Rathore And Another Author: Dr Dhananjaya Y Chandrachud, J Dated: September 27, 2021. 1. This appeal arises from a judgment dated 12 February 2021, of a…

When court should not release accused prosecuted under NDPS Act on bail?

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1894/2021 MD. MOFIDUL HAQUE Vs THE STATE OF ASSAM BEFORE MR. JUSTICE SANJAY KUMAR MEDHI Date of Judgment : 07.09.2021 Heard Shri A.K. Bhattacharyya, learned Senior Counsel assisted…

BAIL, Consensual sex is not Rape

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.205 OF 2020 Vishnu Sitaram Sarode Applicant versus The State of Maharashtra Respondent Mr.Ganesh Gupta i/by G.G.Legal Associates for applicant. None present for Respondent no.2. Mr.S.R.Agarkar, APP, for State. CORAM : PRAKASH…

Whether the court can grant default bail to the accused if the police fail to file a supplementary charge sheet within 90 days from the date of his arrest?

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE  MR. JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO.101403 OF 2021 BETWEEN SRI. SANTOSH  HARI KADAM Vs THE STATE OF KARNATAKA DATED THIS THE 03RD DAY OF AUGUST, 2021 ORDER The petitioner has filed this petition under Section…

BAIL : Being in live-in relationship sufficient to show that sexual relationship was consensual

IN THE COURT OF SESSIONS AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI CRIMINAL BAIL APPLICATION NO. 1118 OF 2021 IN ( C.R. No. 588 of 2021 of Vile Parle Police Station ) XXXXXX ..Applicant Vs The State of Maharashtra ( through Vile Parle Police Station )…

SC Guidelines for Bail

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 883 OF 2021 (Arising from S.L.P.(Criminal) No.3739/2021) Harjit Singh …Appellant Versus Inderpreet Singh @ Inder and another …Respondents   JUDGMENT M.R. SHAH, J. 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the…

Bail – Mere examination of Principal star witness cannot be considered as a change in circumstance

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION (N.V. RAMANA, CJI) (A.S. BOPANNA, J.) (HRISHIKESH ROY, J.) July 12, 2021 CRIMINAL APPEAL NO. 586 OF 2021 (Arising out of SLP (Crl) No.3679 of 2021) Mamta Nair vs. State of Rajasthan Anr. O R D E R…

Whether court should release the Rape accused on bail if the victim has taken a u-turn?

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.12704 of 2021 DECIDED ON:25th MARCH, 2021 Subhash Chander Vs State of Haryana CORAM: HON’BLE MR. JUSTICE AVNEESH JHINGAN. The matter is taken up for hearing through video conference due to COVID-19 situation. This…

Criminal Court cant act as Recovery Agent to realize Dues of Complainant by setting condition to Bail

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.53 of 2021 (Arising out of SLP (Crl) No 10484 of 2019) Dilip Singh Appellant(s) Versus State of Madhya Pradesh and Another Respondent(s) ORDER 1 Leave granted. 2 This appeal is against an order…

Bail granted in POCSO and Sections 376 (2) (n)

Orissa High Court BLAPL No. 5601 of 2020 Jagamohan Parabhoi @ Gajamohan Parabhoi … Petitioner -Versus- 1. State of Odisha 2. Lalita Parabhoi … Opp. parties 03. 06.01.2021 This matter is taken up through video conferencing. Heard learned counsel for the petitioner and the learned…

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