Best of 2022- 17 Important Supreme Court Judgments on Anticipatory Bail

Update: 2023-01-03 11:31 GMT
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Supreme Court sets aside HC direction to give '72 hours notice' to an accused if state intends to arrest him. Vijaykumar Gopichand Ramchandani v. Amar Sadhuram Mulchandani, 2022 LiveLaw (SC) 1010ISRO Espionage Case: Supreme Court sets aside Kerala HC order granting anticipatory bail to accused, Asks HC to take fresh decision. CBI v. Siby Mathew, 2022 LiveLaw (SC) 1005'Anticipatory...

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  1. Supreme Court sets aside HC direction to give '72 hours notice' to an accused if state intends to arrest him. Vijaykumar Gopichand Ramchandani v. Amar Sadhuram Mulchandani, 2022 LiveLaw (SC) 1010
  2. ISRO Espionage Case: Supreme Court sets aside Kerala HC order granting anticipatory bail to accused, Asks HC to take fresh decision. CBI v. Siby Mathew, 2022 LiveLaw (SC) 1005
  3. 'Anticipatory bail condition directing panchayat teacher to return her salary not legally sustainable': SC sets aside Patna HC direction. Divya Bharti v. State of Bihar, 2022 LiveLaw (SC) 961
  4. Order granting anticipatory bail only till framing of charge should contain reasons for such restriction. Tarun Aggarwal v. Union of India, 2022 LiveLaw (SC) 885
  5. HC asks husband to pay wife Rs 10 lakhs for anticipatory bail in dowry harassment case; Supreme Court sets aside condition as unreasonable. Ravikant Srivastava @ Ravi Kant Shrivastava v. State of Jharkhand, 2022 LiveLaw (SC) 877
  6. Anticipatory bail cannot be granted merely because custodial interrogation is not required; Court should consider prima facie case. X v. Arun Kumar C.K., 2022 LiveLaw (SC) 870
  7. Peremptory directions affecting third party cannot be issued in anticipatory bail orders. Kanchan Kumari v. State of Bihar, 2022 LiveLaw (SC) 640
  8. PMLA - Twin bail conditions is also applicable for anticipatory bail. Vijay Madanlal Choudhary v. Union of India, 2022 LiveLaw (SC) 633 : 2022 (10) SCALE 577
  9. Benefit of Tofan Singh judgment may be taken during regular bail hearing; SC sets aside anticipatory bail granted to NDPS accused. State of Haryana v. Samarth Kumar, 2022 LiveLaw (SC) 622
  10. Inquiry in anticipatory bail applications must be limited to applicant's case, can't be directed against third parties. Subrata Roy Sahara v. Pramod Kumar Saini, 2022 LiveLaw (SC) 601
  11. The complainant has willingly been staying with the appellant and had the relationship - Now if the relationship is not working out, the same cannot be a ground for lodging an FIR for the offence under Section 376(2)(n) IPC - Observations while granting anticipatory bail to accused. Ansaar Mohammad v. State of Rajasthan, 2022 LiveLaw (SC) 599 : AIR 2022 SC 3478
  12. Posting anticipatory bail plea after 2 months can't be appreciated: Supreme Court criticises High Court. Sanjay v. State (NCT of Delhi), 2022 LiveLaw (SC) 555
  13. Applications for anticipatory bail are expected to be disposed of within a period of six weeks with the exception of any intervening application. (Para 73 (k)) Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 : AIR 2022 SC 3386 : (2022) 10 SCC 51
  14. Court can't direct arrest of accused ordinarily while dismissing anticipatory bail plea. S. Senthil Kumar v. State of Tamil Nadu, 2022 LiveLaw (SC) 314
  15. Indefinite adjournment in anticipatory bail matter is detrimental to valuable right of a person. Rajesh Seth v. State of Chhattisgarh, 2022 LiveLaw (SC) 200
  16. Supreme Court grants anticipatory bail to tmc leader sheikh sufiyan in wb post-poll murder case. Sk. Supiyan @ Suffiyan @ Supisan v. Central Bureau of Investigation, 2022 LiveLaw (SC) 146 : 2022 (3) SCALE 42
  17. Rigors of Section 45 PMLA Act must get triggered while considering anticipatory bail plea in connection with pmla offence. Asst. Director Enforcement v. Dr. V.C. Mohan, 2022 LiveLaw (SC) 16


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