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Landmark Judgments and Articles on Law

Is the accused’s right to get default bail curtailed if the police add graver charges against him?

Bombay High Court Bail Application No. 271 of 2022, Decided On: 25.04.2022 Alnesh Akil Somji Vs. The State of Maharashtra Hon’ble Judges/Coram: C.V. Bhadang, J. Citation: MANU/MH/1726/2022 1. By this application the applicant (Accused No. 1) is seeking bail under section 167(2) of the Criminal Procedure…

Whether the court can grant default bail to the accused if it has not taken cognizance of the offence despite the police filing a chargesheet?

In the Supreme Court of India (Before L. Nageswara Rao and B.R. Gavai, JJ.) Serious Fraud Investigation Office Vs Rahul Modi and Others Criminal Appeal Nos. 185-186 of 2022 Decided on February 7, 2022 The Judgment of the Court was delivered by L. Nageswara Rao, J.:— Leave…

Whether accused is entitled to get default bail if chargesheet in NDPS Act is filed without Analyst Report?

IN THE HIGH COURT OF KERALA AT ERNAKULAM B.A.No.5747 of 2021 PRESENT MR. JUSTICE P.V.KUNHIKRISHNAN SAMEEER Vs STATE OF KERALA Dated this the 8th day of September, 2021 A short point, ofcourse an interesting point, is raised by Advocate Smt.Anitha Mathai Muthirenthy, the counsel for…

Whether the court can refuse to give default bail to the accused if the police seek time to file a supplementary charge sheet under UAPA Act?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 319 OF 2021 (arising out of SLP(Crl.) No. 6181/2020) FAKHREY ALAM Appellant(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) O R D E R Leave granted. An FIR bearing No. 04/2017 has been…

SC: An Accused who was released on Default Bail cannot be re-arrested on filing of Charge Sheet

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 15 OF 2021 (Arising out of SLP (Crl.) No. 5715 of 2020) KAMLESH CHAUDHARY Appellant (s) VERSUS THE STATE OF RAJASTHAN Respondent(s) O R D E R Leave granted. The appellant is accused…

Whether court can cancel default bail granted to accused U/S 439(2) of CrPC?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.801 of 2020 (arising out of SLP (Crl.) No.1452/2019) VENKATESAN BALASUBRAMANIYAN …APPELLANT(S) VERSUS THE INTELLIGENCE OFFICER,D.R.I. BANGALORE …RESPONDENT(S) WITH CRIMINAL APPEAL NO.802 of 2020 (arising out of SLP (Crl.) No.1820/2019) VILLAYUTHAM NAGU …APPELLANT(S) VERSUS…

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 absconding accused arrested later is to be released on default Bail if police file Supplementary chargesheet on 91st day?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Criminal Writ Petition No. 475 of 2016 Decided On: 23.08.2016 Pankaj Sundarlal Yadav Vs. The State of Maharashtra and Ors. Hon’ble Judges/Coram: S.B. Shukre, J. 1. Heard. Rule. Rule made returnable forthwith. 2. Heard finally with consent…

Whether magistrate should release accused on default bail if accused filed application for bail before the filing of charge sheet?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Cri. W.P. No. 423 of 2008 Decided On: 31.07.2008 Jitendra Maroti Deotare Vs. State of Maharashtra Hon’ble Judges/Coram: K.J. Rohee and B.P. Dharmadhikari, JJ. Citation: 2009(2) Bom.C.R (Cri) 687. 1. Rule returnable forthwith. Heard finally by consent…

Whether Magistrate can consider charge-sheet filed on 91st day for denying default bail to accused if 90th day was a holiday?

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH) Criminal Appeal No. 253 of 1999 Decided On: 06.03.1999 Naresh @ Nana Baliram Sonwane Vs. State of Maharashtra Hon’ble Judges/Coram:R.G. Deshpande, J. Citations: 2000 (5) BomCR 382, 2000 BomCR Cri, 1999 (3) MhLj 631 1. Rule is…

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