Supreme Court Quarterly Criminal Digest 2024 [July - September]

Armed ForcesCivilian Killings - FIR and subsequent proceedings quashed due to absence of mandatory sanction under Section 6 of the Armed Forces (Special Powers) Act (AFSPA), 1958. Rabina Ghale v. Union of India, 2024 LiveLaw (SC) 707 : AIR 2024 SC 4547BailAccused in custody can seek anticipatory bail for another case. Dhanraj Aswani v. Amar S. Mulchandani, 2024 LiveLaw (SC) 675Accused need not furnish multiple sureties against multiple bail orders - Courts can do away with the condition of local surety if its insistence delays the release of the accused from jail and renders the bail order ineffective. Girish Gandhi v. State of Uttar Pradesh, 2024 LiveLaw (SC) 593 : AIR 2024 SC 4396An order granting a stay to the operation of the order granting bail during the pendency of the application for cancellation of bail should be passed in very rare cases. (Para 11) Parvinder Singh Khurana v. Directorate of Enforcement, 2024 LiveLaw (SC) 502 : AIR 2024 SC 3572 : 2024 CriLJ 3652Bail cannot be denied on the ground that trial is expedited. Rup Bahadur Magar @ Sanki @ Rabin v. State of West Bengal, 2024 LiveLaw (SC) 656Charge Sheet - The Court has to examine the material forming part of the charge sheet to decide whether there are reasonable grounds for believing that the accusations against the person applying for bail are prima facie true. While doing so, the court must take the charge sheet as it is. (Para 15, Referred; Thwaha Fasal v. Union of India (2022) 14 SCC 766) Jalaluddin Khan v. Union of India, 2024 LiveLaw (SC) 571 : AIR 2024 SC 4380Denial of Bail - Chhattisgarh Vishesh Jan Suraksha Act, 2005 - Indian Penal Code, 1860 - National Investigation Agency Act, 2008; Section 21(4) - Co-accused had been granted bail and that there was no likelihood of early conclusion of the trial, with only 40 out of 100 prosecution witnesses examined. The petitioner has been in custody since 2020. Bail granted. Mukesh Salam v State of Chhattisgarh, 2024 LiveLaw (SC) 641Even in a case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modification that the bail can be granted if the conditions in the statute are satisfied. (Para 21) Jalaluddin Khan v. Union of India, 2024 LiveLaw (SC) 571 : AIR 2024 SC 4380Higher thresholds for granting bail in stringent penal statutes like the PMLA, UAPA, and NDPS Act cannot be a tool to keep an accused incarcerated without trial. V. Senthil Balaji v. Deputy Director, 2024 LiveLaw (SC) 750If an accused approaches the High Court directly without first seeking relief from the Trial Court, it is generally appropriate for the High Court to redirect them to the Trial Court at the threshold. Nevertheless, if there are significant delays following notice, it may not be prudent to relegate the matter to the Trial Court at a later stage. Bail being closely tied to personal liberty, such claims should be adjudicated promptly on their merits, rather than oscillating between courts on mere procedural technicalities. (Para 45) Arvind Kejriwal v. Central Bureau of Investigation, 2024 LiveLaw (SC) 694Imposition of a condition for the petitioner to close his YouTube channel as a prerequisite for bail which involved allegations under the Tamil Nadu Prohibition of Harassment of Women Act, 2002, and the Information Technology Act, 2000. The Court found this condition to be unwarranted and extraneous to the bail decision. Felix Jerald v. State, 2024 LiveLaw (SC) 761In the given facts of a particular case, a constitutional court may decline to grant bail. But it would be very wrong to say that under a particular statute, bail cannot be granted. It would run counter to the very grain of our constitutional jurisprudence. (Para 32) Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh, 2024 LiveLaw (SC) 486 : AIR 2024 SC 3579 : (2024) 8 SCC 293Liberty granted to an accused under the order granting bail cannot be lightly and causally interfered with by mechanically granting an exparte order of stay of the bail order. (Para 13) Parvinder Singh Khurana v. Directorate of Enforcement, 2024 LiveLaw (SC) 502 : AIR 2024 SC 3572 : 2024 CriLJ 3652Long custody will enure to benefit of accused for bail when delay in trial isn't his fault. Modh. Enamul Haque v. Directorate of Enforcement, 2024 LiveLaw (SC) 740Matrimonial Disputes - Condition that the husband must fulfill all the physical and financial requirements of the wife. Held, Such an impracticable requirement infringes on personal liberty and the right to dignity. Bail conditions should be reasonable and proportionate, particularly in matrimonial disputes, to allow the accused to comply and foster reconciliation between the parties. (Para 8) Sudeep Chatterjee v. State of Bihar, 2024 LiveLaw (SC) 540Once a court concludes that an accused is entitled to bail, the implementation of the bail order cannot be postponed. Such a postponement would violate the accused's fundamental rights...

Supreme Court Quarterly Criminal Digest 2024 [July - September]

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