Anticipatory bail

The #Metoo Movement encouraged a lot of victims to raise their voice against the sexual predators. In the wake of same, screenwriter and producer Vinta Nanda pressed sexual harassment and rape charges on Alok Nath. In order to avoid the arrest, Alok Nath applied for anticipatory bail recently at the Dindoshi Sessions Court, but according to latest reports the plea has been rejected by the Mumbai’s Sessions Court. Reportedly, now the judiciary and the police can arrest Alok Nath as per the law when required. When the actor was served with the legal notice, he reportedly went out of reach. He didn’t even appear in front of CINTAA irrespective of numerous warnings. He was being called to present his side of the story in front of the board, but since he failed to do so, he has been ousted. This all started when Vinta Nanda took it to her social media handle penning the horrific account of sexual harassment. She didn’t directly name Alok Nath but used the term … [Read more...] about The #MeToo Movement: Mumbai session court rejects Alok Nath’s anticipatory bail plea

Share Tweet Plus One Pin It Email Print By: Live Law December 4, 2018 8:41 pm Change Font Size The Bombay High Court on Tuesday granted anticipatory bail to Intekhab Munshi, the man accused of giving instant talaq or talaq-e-biddat to his wife of 17 years. On September 19, the Muslim Women (Protection of Rights of Marriage) Ordinance, 2018, was promulgated which criminalised instant talaq. Justice Prakash Deo Naik heard lawyers for both the applicant Munshi as well the intervenor wife yesterday and kept the matter for orders today. He noted that it was not for the court to decide at the stage of anticipatory bail whether the applicant accused gave his wife talaq-e-biddat or talaq-e-ahsan. Thus, protection from arrest was granted but with certain conditions. Munshi has been directed to report to the Investigating Officer in his case every Saturday for the next two months. According to the applicant’s wife, Munshi had sent her a … [Read more...] about Triple Talaq Ordinance: Bombay HC Grants Anticipatory Bail To Man Accused Of Giving Instant Talaq To His Wife

Share Tweet Plus One Pin It Email Print By: nitish kashyap December 3, 2018 7:54 pm Change Font Size The Bombay High Court will soon pass an order on a writ petition filed by a man seeking anticipatory bail after being booked under Sections 3, 4, 5, 6 and 7(a)(c) of the Muslim Women (Protection of Rights of Marriage) Ordinance, 2018, read with Section 34 of the Indian Penal Code. What makes the case highly significant is that Intekhab Munshi is said to be the first man to be booked under the new ordinance that criminalises instant talaq or talaq-e-biddat. Under Section 4 of the ordinance, any Muslim man who pronounces talaq-e-biddat or any such talaq which has the effect of instantaneous divorce will be punished with imprisonment for a term of up to three years. While under Section 7, the offence is made cognizable, compoundable and no bail shall be granted to the accused under the Act unless the magistrate is satisfied that grounds for bail are made out. According to … [Read more...] about Man Apprehending Arrest Under Triple Talaq Ordinance Seeks Anticipatory Bail [Read Order]

Share Tweet Plus One Pin It Email Print By: Apoorva Mandhani November 18, 2018 11:10 am Change Font Size The Delhi High Court has ruled that the rejection or acceptance of anticipatory bail of an accused by the High Court is not relevant for consideration of the regular bail of the accused under Section 437(1) of the Code of Criminal Procedure, 1973. The Bench comprising Justice Vipin Sanghi and Justice IS Mehta ruled, “While considering the regular bail application of the accused under Section 437(1) Cr PC, the factum of the rejection or acceptance of the anticipatory bail application, by itself, is not germane.” It added that the factors which weighed with the court while either rejecting or granting anticipatory bail to the accused, as are relevant post the filing of the charge sheet, may be looked at by the court while dealing with the bail application of the accused under Section 437(1) of CrPC. The court explained that while dealing with the … [Read more...] about Rejection/Acceptance Of Anticipatory Bail Not Relevant While Considering Regular Bail Application: Delhi HC [Read Judgment]

Share Tweet Plus One Pin It Email Print By: Live Law November 16, 2018 6:31 pm Change Font Size The Kerala High Court today dismissed the anticipatory bail plea of activist Rehana Fathima, who had made an attempt to enter into Sabarimala when the temple was opened for monthly puja in October after the Supreme Court order allowing entry of women in the age group of 10 and 50 into the Lord Ayyappa shrine. She was named accused in an FIR registered by  Pathanamthitta Police for offence under Section 295A of IPC(outraging religious feelings). The FIR was registered on the basis of a complaint filed by Radhakrishna Menon alleging some of her Facebook posts hurt religious sentiments. It was alleged that Fathima had uploaded certain pictures in Facebook in which she was clad in customary attire of Ayyappa devotees, which were provocative and hurtful. Anticipating arrest, she moved the high court seeking anticipatory bail. She contended that she believed in the concept … [Read more...] about Kerala HC Refuses Anticipatory Bail To Activist Rehna Fathima Who Attempted Entry To Sabarimala