Bail Granted Due to Procedural Lapses - The court granted bail in a case involving FIR No. 42/2025 because FSL samples were not sent within the required timeframe. The petitioner was arrested for possessing 72.310 kg of doda powder, marginally above the commercial quantity. The decision was influenced by procedural shortcomings rather than the substance of the case. Aakash S/o Shyam Lal vs State Of Rajasthan - Rajasthan
Last Seen Theory and Bail Cancellation - In cases where an accused is last seen with a person who later goes missing, the person last seen with the accused must explain the circumstances of their separation. Bail bonds of accused persons can be canceled if they fail to provide such explanations. This principle was upheld in a Supreme Court decision emphasizing the importance of explanation in last seen cases. Sahayaraj VS State rep. by Inspector of Police, Coimbatore - Madras
Contempt of Court and Bail - An accused found guilty of criminal contempt for making objectionable communications was granted bail, but the court emphasized that such contemptuous acts undermine judicial authority. The accused's bail was granted after considering the submissions, highlighting that even contemnors can seek bail under certain conditions. Registrar VS Khandu Punju Jadhav - Bombay
Bail in Corruption Cases - An appellant, a Chief Engineer accused under the Prevention of Corruption Act, had their application for bail dismissed after detailed consideration of evidence. The case involved allegations of accepting bribes for tasks outside official scope, and the court held that bail was not justified given the seriousness of the charges. P. R. Rajpal VS State of H. P. - Crimes
Conviction Based on Suspicion - The conviction of appellant No. 2 for murder was set aside due to lack of concrete evidence, with the court emphasizing that suspicion alone cannot justify conviction. However, the conviction of accused ‘S’ was upheld based on testimonies of witnesses who last saw the deceased with him. The case underscores the necessity of substantive evidence for conviction. SWAMIDIN VS STATE OF U. P. - Allahabad
Abuse of Court Process and Bail Discharge - A case involving alleged loan default and misuse of court process resulted in the court quashing the judgment and discharging the accused’s bail bonds. The court found no evidence of fraud or dishonest inducement, and the proceedings were deemed to have been abused. K. Rajini VS Inspector of Police, Team-III, CCB, Chennai - Madras
Final Decision on Bail Bonds - The court quashed the judgment and discharged bail bonds for an accused under the Prevention of Corruption Act, noting that charges under specific sections were not applicable. The accused’s bail bonds were canceled, and any deposited fines were ordered to be refunded. P. R. Rajpal VS State of Himachal Pradesh - Himachal Pradesh
Detention Validity - The detention order issued under the MPDA Act was upheld, affirming that the continued detention of the petitioner was lawful and not vitiated, based on the evidence of dangerous activities such as drug offenses. Santosh Kashinath Kamble VS State of Maharashtra - Bombay
Bail Conditions and Appellate Decisions - An appellant on bail under Sections 120-B, 467, 468, 471 of IPC and the Prevention of Corruption Act had their bail extended for six months, with the fine refunded if paid. The appellate court affirmed the conviction of one accused (A-1) but acquitted another (A-2) due to insufficient evidence. Sudhir Bhavsar S/o Late Shri T. M. Bhavsar VS State of Chhattisgarh - Chhattisgarh, Imtiyaj Ansari @ Kalu S/o Kalim Ansari VS State of Chhattisgarh - Chhattisgarh
Analysis and Conclusion:
Across these cases, the primary factors influencing bail decisions include procedural compliance (e.g., timely sending of samples), the strength of evidence (with suspicion alone often insufficient for conviction), and specific legal principles such as the last seen theory. Courts have shown willingness to grant bail when procedural lapses occur or when evidence is weak, but have also dismissed bail applications in serious criminal and corruption cases. The overarching theme emphasizes the importance of substantive evidence and procedural correctness in bail and conviction matters.
The court observes that FSL samples were not sent within the required timeframe, leading to the decision to grant bail. ... This application seeks bail under Section 483 of BNSS (439 Cr.P.C.) for a petitioner arrested under FIR No. 42/2025 alleging offences ... He submits that the contraband recovered in this matter is 72.310 kg doda powder which is marginally above the commercial quantirty. ... FIR Number 42/2025 2. Police Station Dangiawas 3. District Jodhpur City East 4. Offences alleged in the FIR 8/15 of NDPS....
last seen theory, emphasizing that the appellants failed to provide a reasonable explanation for the circumstances in which they parted ... ... Bail bond executed by the appellants/accused No.1 to 3 shall stand cancelled. ... Observing that if person who is last found in the company of another and if later found missing, then the person with whom he was last found has to explain the circumstances in which they parted company, in (2007) 2 MLJ (Crl) 861 (SC) [State of Rajasthan v. ... These appeals arise out of the Judgm....
Contempt of Courts Act, 1971-Sections 2(c) and 12-Criminal contempt-Contemnor-accused made objectionable communications and contemptuous ... of the contemnor and the submissions advanced by the APP, the contemnor has committed criminal contempt as defined under Section 2( ... impartiality of concerned Judge who convicted and sentenced contemnor/accused-Contemnor/accused committed criminal contempt under Section 2( ... The contemnor filed Criminal Application No. 1306/2008 for grant of bail. By an order dated 25th of Apri....
Prevention of Corruption Act, 1988 —Section7/13(a)(d) r/w 13(2) —Appellant working as Chief Engineer in a Projected demand and accepted ... how bribe was paid for performance of a task and work, which admittedly was not within the ambit of the accused, who had already parted ... on consideration of the evidence has passed a detailed order and for those reasons dismissed the application for cancellation of bail ... Furthermore, Section 20 of the Act is not attracted as the respondent had been charged for commission of an offence under Sect....
no justification to convict only on ground of suspicion – Conviction of appellant No. 2 set aside. ... (Indian) Penal Code, 1860 – Sections 302 and 201 – Murder – Conviction – Testimonies of PW-2 and PW-5 establishing that deceased ... last seen with appellant ‘S’ – Order of conviction of accused ‘S’ upheld – However, in absence of any evidence against accused No. 2, ... State of Maharashtra, (2007) 2 SCC 310, has held as under: ... “54. In Amitsingh Bhikamsingh Thakur v. ... He is on bail#HL....
(A) Constitution of India-Art.227-Criminal Procedure Code, 1973(2 of 1974)-Sec.156, 482, 483-Abuse of Process of Court-Loan default ... ... (B) Code of Criminal Procedure, 1973 (2 of 1974)-Sec.156, 482-Abuse ... ... 2. ... In the complaint, there is no allegation that there was fraud or dishonest inducement on the part of the respondents and thereby the respondents parted with the property. ... Prakash Kaur (2007 (2) SCC 711). Discouraging such practice, it has been concluded thus:- ... " 16. ... She....
Final Decision: The court allowed the appeal, quashed the judgment of the trial court, and discharged the accused's bail bonds ... Furthermore, Section 20 of the Act is not attracted as the respondent had been charged for commission of an offence under Section 13(1)(d) read with Section 13(2) of the Act."” (pp.310 & 311) ... 17. Lastly I only refer to the decision in C.M. ... ... 2. ... Bail bonds furnished by the accused stand discharged. Fine amount, if deposited by the accused/appellant be refunde....
The detention order was valid and the continued detention of the petitioner was not vitiated. 2. ... DANGEROUS ACTIVITIES OF SLUM LORDS, BOOTLEGGERS, DRUG-OFFENDERS, DANGEROUS PERSONS AND VIDEO PIRATES ACT, 1981 (MPDA ACT) - SECTION 3(2) ... the Case: The petitioner challenged the detention order issued by the Commissioner of Police, Pune City, under Section 3(2) ... State of Kerala, (1982) 2 SCC 310 : (AIR 1982 SC 1162), a case arising under COFEPOSA, a single act, viz., attempt to export a huge amoun....
Indian Penal Code, 1860 – Section 120-B, 467, 468, 471 – Prevention of Corruption Act, 1988 – Section 13(1)(D), 13(2) ... It is reported that the appellant is on bail, the bail bond of the appellant shall remain in force for six months as per the provisions of Section 437-A of Cr.P.C. The fine amount, if any, paid be returned to the appellant forthwith. ... C) read with Section 13(2) of the P.C. ... In fact, we find that the High Court has not considered Ext.A-2 in its entire judgment. As a matter of f....
The court affirmed the conviction of A-1 and set aside the conviction of A-2, acquitting him of the charges. ... However, the court set aside the conviction of A-2 due to insufficient evidence connecting him to the crime. ... Final Decision: The court affirmed the conviction of A-1 and set aside the conviction of A-2, acquitting him ... Ravitosh Toppo (A-2) is reported to be on bail, he need not surrender. However, his bail bonds shall remain in operation for a period of six months as....
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