Share Tweet Plus One Pin It Email Print By: Nitish Kashyap July 24, 2018 10:01 am Change Font Size The Bombay High Court recently allowed a criminal appeal filed by a married woman and granted her protection from arrest in a case filed by her lesbian partner (complainant) for offences under Sections 354, 504, 506, 509 of the Indian Penal Code and under Sections 66(E) and 67 of the Information and Technology Act as well as under Sections 3(1)(r)(s)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Justice AM Badar set aside an order of the Sessions judge wherein the accused appellant’s plea for anticipatory bail was rejected. Background & Submissions Appellant’s counsel Ganesh Gole submitted that the complainant had not made any allegations against his client in her initial statement to the police recorded at Vile Parle Police Station, which would attract the provisions of Scheduled Castes and Scheduled … [Read more...] about Bombay HC Grants Anticipatory Bail To Woman Accused By Lesbian Partner Of ‘Breach Of Trust’
Anticipatory bail
P Chidambaram Gets Anticipatory Bail From Delhi Court
Share Tweet Plus One Pin It Email Print By: Akanksha Jain July 23, 2018 4:55 pm Change Font Size Former Union Finance Minister P Chidambaram has got protection from arrest in the multi-crore Aircel-Maxis and INX Media case with a Delhi court granting him anticipatory bail on Monday. Special CBI judge OP Saini granted the relief to Chidambaram who has been named as an accused along with his son Karti in the charge sheet filed by the CBI on July 19. Chidambaram had moved the court in the morning seeking the relief. The senior Congress leader is accused of wrongfully granting Foreign Investment Promotion Board (FIPB) approval to Mauritius-based Global Communication Services Holdings Ltd, a subsidiary of Maxis, in the year 2006 during his tenure as the Union Finance Minister when only the Cabinet Committee on Economic Affairs was empowered to grant such approval. The CBI also alleged that Karti used his influence in the Finance Ministry to help INX Media get approval … [Read more...] about P Chidambaram Gets Anticipatory Bail From Delhi Court
UP Govt Set To Table Modified Bill To Restore Anticipatory Bail, SC Told
Share Tweet Plus One Pin It Email Print By: Prabhati Nayak Mishra July 16, 2018 12:08 pm Change Font Size The state of Uttar Pradesh (UP) on Monday informed the Supreme Court that the Yogi Adityanath government has decided to bring a Bill in the Assembly seeking to restore the provision of anticipatory bail. The state said the provision would, however, be included in the Bill in a modified manner. Appearing for the UP government, advocate Aishwarya Bhati told the bench of Justices SA Bobde and LN Rao that “the state has decided to re-introduce the anticipatory bail provision in a modified manner and it will bring a bill”. The court said: “In the light of the state counsel’s statement, the petitioner, Advocate Sanjeev Bhatnagar, need not press the issue so far as UP is concerned.” The bench, however, asked the state of Uttarakhand to make its stand on the next date of hearing. Earlier, the court had pulled up UP for not … [Read more...] about UP Govt Set To Table Modified Bill To Restore Anticipatory Bail, SC Told
Whether Anticipatory Bail Should Be Valid Only Till The Filing Of Charge Sheet?An Analysis
Share Tweet Plus One Pin It Email Print By: C. Mohan Rao July 15, 2018 10:39 am Change Font Size The importance of anticipatory bail in the administration of criminal justice cannot be overemphasized. The Hon’ble Supreme Court has repeatedly emphasised that while considering the issue of bail, courts have to keep in view the competing interests of the society, to keep the criminals at bay and the right of an individual to personal liberty, maintaining a fine balance between the two. Similarly, certainty in the laws is equally important for a civilized society governed by the Rule of Law. The certainty of laws enable the courts to administer, the executive to implement and the people to follow the Law. Anticipatory bail, and by implication, its duration, is one of the most common issues that grapple the courts every day, all over the country. Considering the importance of the issue and the number of people affected on a day to day basis, it is a bit … [Read more...] about Whether Anticipatory Bail Should Be Valid Only Till The Filing Of Charge Sheet?An Analysis
“They Have Acted As Predators”:Kerala HC Declines Anticipatory Bail To Clergymen In The Sexual Abuse Case [Read Order]
Share Tweet Plus One Pin It Email Print By: S.Nikhil Sankar July 12, 2018 1:13 pm Change Font Size The High Court of Kerala has dismissed the plea of anticipatory bail of four priests of Malankara Orthodox Syrian Church, alleged to be involved in a sexual abuse case. They are accused of committing offences punishable under Sections 376, 354, 354A, 506(i) of IPC by abusing their priestly position to force a married woman to return sexual favors. The court through Justice Raja Vijayaraghavan observed: “Prima facie, it appears that the applicants have acted as predators and they have taken undue advantage of the position of the survivor to their advantage.” The crux of the prosecution case was that the first accused started sexually abusing the survivor from November 1999 on the pretext of marrying her. However, he married another woman in 2002. In 2005, the first accused met the complainant again and forced her to have a sexual relationship … [Read more...] about “They Have Acted As Predators”:Kerala HC Declines Anticipatory Bail To Clergymen In The Sexual Abuse Case [Read Order]