Back
M. R. SHAH, C. T. RAVIKUMAR
Central Bureau of Investigation – Appellant
Versus
P. S. Jayaprakash Etc. Etc. – Respondent
JUDGMENT :
M.R. SHAH, J.
Leave granted.
1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 13.08.2021 passed by the High Court of Kerala at Ernakulam in Bail Application Nos. 5010/2021, 5109/2021 and 5809/2021 and a separate order dated 16.11.2021 passed by the High Court in Criminal Miscellaneous Application No. 4424/2021, by which the High Court has allowed the said bail applications and has granted anticipatory bail to the private respondents herein – original accused in connection with Crime No. RC/050/2021/S0007 of SC-II Delhi Police Station registered by the Central Bureau of Investigation(CBI) alleging offences punishable under Sections 120B, 167, 218, 330, 323, 195, 348, 365, 477A and 506 of the Indian Penal Code (IPC), the CBI has preferred the present appeals.
2. The allegations against the accused in the present FIR relate back to the year 1994 in connection with Crime No. 225/1994/246/1994 registered by the Kerala Police and the Intelligence Bureau (IB) officials which was registered against one Mariyam Rashida. One S Nambi Narayanan was arrested along with two other persons. The investigation was handed over to the CBI. The CBI submitte
Anticipatory bail – While granting anticipatory bail Court must consider role played by accused in crime.
Grant of Bail - Overstaying in India after the expiry of Visa - Section 438 of the Cr.P.C. is not extraordinary in the sentence that it should be invoked only in exceptional or rare cases.
The Supreme Court emphasized that anticipatory bail should not be misconstrued as a norm and cautioned against granting ad interim relief that essentially provides final outcomes pending full hearing....
Anticipatory bail should not be granted in serious offences.
(1) Bail application – Speedy disposal – Bail and anticipatory applications must be decided expeditiously on their own merits, without relegating parties to a state of indefinite pendency – High Cour....
Maxim "actus non facit reum, nisi mens sit rea" - A mere commission of a criminal act is not enough to constitute a crime, and this is more important in case of more serious crimes.
Grant of Bail - While grant of anticipatory bail court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering w....
Anticipatory bail – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by same Judge.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
