Criminal Defence & Bail Precedents Digest
Supreme Court precedents on regular bail u/s 439 CrPC, default bail u/s 167(2) CrPC / Sec 187 BNSS, anticipatory bail u/s 438, quashing FIR u/s 482, PMLA twin conditions, and circumstantial evidence standards.
Central Bureau of Investigation v. Kapil Wadhawan
Filing of a charge-sheet within the statutory period extinguishes the indefeasible right to Default Bail, even if further investigation against co-accused or on distinct aspects continues.
Javed Gulam Nabi Shaikh v. State of Maharashtra
Right to speedy trial is sacrosanct; prolonged delay mandates grant of bail.
Manish Sisodia v. Directorate of Enforcement
Prolonged incarceration without trial violates Article 21; statutory bail bars yield to speedy trial.
Prabir Purkayastha v. State (NCT of Delhi)
Written grounds of arrest mandatory under UAPA and general penal statutes.
Mahmood Ali v. State of U.P.
Court exercising 482 power must examine whether criminal case is initiated with ulterior motive or malice.
Manoj v. State of M.P.
In a transformative capital sentencing and fair trial judgment authored by Justice S. Ravindra Bhat, the Supreme Court laid down exhaustive, institutional guidelines governing sentencing ...
Mohd. Muslim @ Hussain v. State (NCT of Delhi)
Section 37 NDPS Act twin conditions must be harmonized with Article 21; prolonged undertrial incarceration without prospect of speedy trial entitles accused to bail.
Naim Ahamed v. State (NCT of Delhi)
Distinction between false promise to marry from inception and subsequent inability to marry.
Pankaj Bansal v. Union of India
Mandatory supply of written 'Grounds of Arrest' to accused at the time of arrest.
State of Karnataka v. T. Naseer
Section 65B certificate can be produced by prosecution at a later stage before trial concludes.
Ansaar Mohammad v. State of Rajasthan
Voluntary live-in relationship between consenting adults does not constitute rape.
Kahkashan Kausar @ Sonam v. State of Bihar
General and omnibus allegations against husband's relatives in 498A must be quashed.
Mohd. Zubair v. State (NCT of Delhi)
Power of arrest must be exercised sparingly; arrest is not mandatory in every registered FIR.
Noor Mohammed v. Khurram Pasha
The Supreme Court delivered an authoritative ruling on the constitutional validity and procedural operation of Section 143A of the Negotiable Instruments Act, 1881 (power to direct interi...
Satender Kumar Antil v. CBI
Classification of offences (Category A-D) and nationwide bail guidelines without custody.
M. Ravindran v. Directorate of Revenue Intelligence
Right to default bail accrues the moment statutory period (60/90 days) expires.
Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra
Blanket interim orders of 'no coercive action' cannot be passed mechanically by High Courts.
Sonu @ Subhash Kumar v. State of U.P.
Consensual relationship during courtship cannot be converted into rape on marriage falling through.
Tofan Singh v. State of Tamil Nadu
Officers under Section 53 NDPS Act are police officers; confessions under Sec 67 are inadmissible.
Union of India v. K.A. Najeeb
Constitutional courts can grant bail for violation of Article 21 right to speedy trial despite statutory embargo under Section 43D(5) of UAPA.
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal
Certificate under Section 65B(4) is mandatory for admissibility of electronic records.
Bikramjit Singh v. State of Punjab
Default Bail under Section 167(2) is an indefeasible fundamental right under Article 21.
P. Chidambaram v. Central Bureau of Investigation
The Supreme Court delivered a defining precedent on regular bail in economic offences, holding that even in economic offences of substantial magnitude, bail remains the rule and jail the ...
Prathvi Raj Chauhan v. Union of India
High Court can grant anticipatory bail in SC/ST cases where no prima facie case is made out.
Sushila Aggarwal v. State (NCT of Delhi)
Anticipatory bail ordinarily operates till conclusion of trial; no fixed time limit.
Anand Kumar Mohatta v. State (NCT of Delhi)
High Court can quash criminal proceedings under Section 482 even after charge-sheet has been filed.
G. Ramesh v. Kanike Harish Kumar Ujjwal
The Supreme Court delivered an authoritative ruling on the limits of inherent powers under Section 482 CrPC in cheque bounce cases. The Court held that when a complaint under Section 138 ...
P. Chidambaram v. Directorate of Enforcement
Principles governing grant of Anticipatory Bail in economic offences.
Pradeep Ram v. State of Jharkhand
When new and more serious non-bailable offences are added during investigation, the police cannot re-arrest an accused on bail without obtaining a court order.
Pramod Suryabhan Pawar v. State of Maharashtra
Breach of promise to marry is not rape unless promise was false from inception.
Vinubhai Haribhai Malaviya v. State of Gujarat
Magistrate has power to order further investigation even post-cognizance up to stage of framing charges.
B. Sunitha v. State of Telangana
In a momentous judgment upholding the integrity of the legal profession, the Supreme Court ruled that an advocate cannot charge professional fees based on a percentage of the decretal amo...
Dataram Singh v. State of U.P.
In a celebrated judgment authored by Justice Madan B. Lokur, the Supreme Court re-anchored Indian bail jurisprudence to its foundational constitutional principles. The Court held that fre...
Joseph Shine v. Union of India
Decriminalization of Adultery; penalizing adultery violates gender equality and bodily autonomy.
Navtej Singh Johar v. Union of India
Decriminalization of Section 377 IPC for consensual sexual relationships between adults.
Rakesh Kumar Paul v. State of Assam
In a historic 3-Judge Bench judgment, the Supreme Court definitively resolved the scope of default bail under Section 167(2) CrPC. Overruling the narrower interpretation in Bhupinder Sing...
Anvar P.V. v. P.K. Basheer
Electronic records inadmissible as secondary evidence without certificate under Section 65B.
Arnesh Kumar v. State of Bihar
Mandatory 41A notice before arrest for offences punishable up to 7 years.
Hardeep Singh v. State of Punjab
In an authoritative 5-Judge Constitution Bench judgment, the Supreme Court resolved long-standing judicial conflicts regarding the scope and standard of Section 319 CrPC (power to proceed...
Lalita Kumari v. Govt. of U.P.
Mandatory registration of FIR if complaint discloses a cognizable offence.
Narinder Singh v. State of Punjab
Quashing of Section 307 (Attempt to Murder) cases based on private compromise.
Geeta Mehrotra v. State of U.P.
Quashing 498A proceedings against distant family members in absence of specific allegations.
Gian Singh v. State of Punjab
High Court's inherent power to quash criminal proceedings on genuine civil settlement.
Mohd. Hussain @ Julfikar Ali v. State (Govt. of NCT of Delhi)
In a momentous human rights and fair trial decision, the Supreme Court held that the right of an indigent accused to be defended by a competent legal practitioner is an indispensable face...
Sanjay Chandra v. CBI
'Bail is the rule, Jail is the exception'; pre-trial custody cannot be punitive.
State of Kerala v. Raneef
Medical professional rendering emergency treatment to an injured accused is not a terrorist conspirator; delay in trial warrants bail even under UAPA.
Babubhai v. State of Gujarat
Right to fair and unbiased investigation is a Fundamental Right under Article 21.
P.J. Agro Tech Ltd. v. Water Base Ltd.
The Supreme Court delivered an authoritative ruling on the foundational jurisdictional prerequisites of Section 138 and vicarious corporate liability under Section 141 of the Negotiable I...
Preeti Gupta v. State of Jharkhand
Judicial warning against growing tendency to implicate entire in-laws family in matrimonial disputes.
D. Vinod Shivappa v. Nanda Belliappa
The Supreme Court delivered an indispensable ruling on the service of statutory demand notice under proviso (b) to Section 138 of the Negotiable Instruments Act, 1881. The Court held that...
Lata Singh v. State of U.P.
In a progressive constitutional ruling delivered by Justice Markandey Katju, the Supreme Court held that an adult major has the untrammeled fundamental right to marry anyone of their choi...
Jacob Mathew v. State of Punjab
Landmark ruling establishing gross criminal negligence standard and mandatory medical board opinion before prosecuting medical practitioners.
P.K. Shaji v. State of Kerala
Rigorous standards for cancellation of bail under Section 439(2) CrPC; cancellation requires supervening misconduct and cannot be granted on grounds existing at grant.
Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav
Authoritative ruling on successive bail applications: court must record a tangible change in circumstance; gravity of offence and threat to witnesses override prolonged incarceration.
Zahira Habibullah Sheikh v. State of Gujarat
Best Bakery ruling holding criminal trials cannot be mock contests; ordering retrial and transfer outside the State when witnesses turn hostile under coercion and terror.
B.S. Joshi v. State of Haryana
High Court can quash non-compoundable matrimonial FIRs (498A) upon genuine settlement.
K.R. Indira v. G. Adinarayana
The Supreme Court delivered a defining judgment on the strict statutory requirements of a legal demand notice under proviso (b) to Section 138 of the Negotiable Instruments Act, 1881. The...
Bodhraj alias Bodha v. State of J&K
Definitive authority on the 'last seen together' doctrine: proximity of time and place between last seen and recovery of dead body must rule out any possibility of a third person's intervention.
Laxman v. State of Maharashtra
Constitution Bench holding that absence of a doctor's certificate of fitness does not invalidate a dying declaration if the magistrate/witness recording it was satisfied of the declarant's mental fitness.
Sanju alias Sanjay Singh Sengar v. State of M.P.
Supreme Court held that uttering words in anger like 'go and die' during a quarrel does not constitute abetment under Section 306 IPC (Section 108 BNS) without clear mens rea.
Sunderbhai Ambalal Desai v. State of Gujarat
Mandatory guidelines directing criminal courts to expeditiously release or dispose of seized vehicles, liquor, and case property without keeping them in police custody.
Hiten P. Dalal v. Bratindranath Banerjee
In a foundational 3-Judge Bench decision arising from the 1992 securities scam, the Supreme Court delivered the authoritative standard governing statutory presumptions under Sections 118,...
Prahlad Singh Bhati v. NCT of Delhi
The Supreme Court delivered a defining judgment delineating the powers and statutory limitations of Magistrates in granting bail under Section 437 CrPC. The Court held that where an accus...
Satvir Singh v. State of Punjab
Supreme Court construed 'soon before her death' under Section 304B IPC (Section 80 BNS): there must be a proximate and live nexus between cruelty relating to dowry and unnatural death.
State of Maharashtra v. Tapas D. Neogy
A bank account is 'property' within the meaning of Section 102 CrPC, empowering the investigating police officer to freeze accounts linked to cognizable offences.
State of Punjab v. Baldev Singh
Constitution Bench holding that informing a suspect of his right to be searched before a Gazetted Officer or Magistrate under Section 50 NDPS Act is mandatory; non-compliance vitiates recovery and trial.
D.K. Basu v. State of West Bengal
11 Mandatory safeguards and arrest memo guidelines against custodial violence.
State of U.P. v. Ramesh Prasad Misra
The Supreme Court delivered an influential judgment on the appreciation of hostile witness testimony in murder trials. The Court held that evidence of a hostile witness cannot be rejected...
P.K. Narayanan v. State of Kerala
In a defining ruling on criminal conspiracy, the Supreme Court elucidated the essential legal ingredients required to sustain a conviction under Section 120B of the Indian Penal Code. The...
Joginder Kumar v. State of U.P.
Foundational ruling establishing that power to arrest is distinct from the justification to arrest; mandating right of an arrestee to inform a friend/relative and diary entries.
A.R. Antulay v. R.S. Nayak
In a momentous 5-Judge Constitution Bench decision, the Supreme Court established that the right to a speedy trial is an integral, inalienable facet of the fundamental right to life and p...
State of Haryana v. Bhajan Lal
7 Cardinal Principles governing quashing of FIRs and criminal trials by High Court.
Khujji alias Surendra Tiwari v. State of M.P.
3-Judge Bench held that the testimony of a hostile witness is not effaced from the record; portions supporting the prosecution or defence can be relied upon if corroborated.
Mohanlal Jitamalji Porwal v. State of Maharashtra
Supreme Court held that appellate courts possess wide powers under Section 391 CrPC (Section 432 BNSS) to admit additional formal evidence to prevent failure of justice.
State of U.P. v. M.K. Anthony
Minor discrepancies, omissions, and exaggerations not affecting the core of the prosecution story do not discredit the evidence of an otherwise truthful rustic witness.
Sharad Birdhichand Sarda v. State of Maharashtra
Laying down the 5 Golden Principles (Panchsheel) of circumstantial evidence and the distance between 'may be' and 'must be' true.
Bachan Singh v. State of Punjab
Upholding constitutionality of death penalty under Section 302 IPC, establishing the 'Rarest of Rare' doctrine and mitigating balance sheet.
Gurbaksh Singh Sibbia v. State of Punjab
Constitution Bench establishing the Magna Carta on anticipatory bail; holding that judicial discretion under Section 438 CrPC is untrammeled and cannot be fettered by artificial judicial restrictions.
Babu Singh v. State of U.P.
Historic declaration by Justice Krishna Iyer that 'Bail is the rule, jail is the exception'; prolonged detention violates Article 21 and successive bail is maintainable.
State of Rajasthan v. Balchand
Justice Krishna Iyer's cardinal doctrine: 'The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice.'
Bhagwan Singh v. State of Haryana
In a foundational criminal evidence ruling, the Supreme Court definitively settled the legal status of hostile witnesses under Indian law. The Court held that merely because a witness is ...
Mohd. Inayatullah v. State of Maharashtra
In an authoritative ruling delivered by Justice R.S. Sarkaria, the Supreme Court laid down the definitive statutory test for the admissibility of disclosure statements under Section 27 of...
Masalti v. State of U.P.
Landmark 4-Judge Bench ruling on Section 149 IPC (Section 190 BNS): mechanical rejection of interested witness testimony is improper; prudent rule requires corroboration by multiple witnesses.
State of U.P. v. Deoman Upadhyaya
Constitution Bench upholding Section 27 Evidence Act (Section 23 BSA 2023); classification between accused in custody making discovery disclosures and others is constitutional.
Vadivelu Thevar v. State of Madras
Seminal 3-Judge Bench ruling classifying witnesses into three categories; conviction can rest solely on the testimony of a single reliable witness under Section 134 Evidence Act (Section 139 BSA).
Hanumant Govind Nargundkar v. State of M.P.
Foundational charter of circumstantial evidence in India establishing the timeless rule: circumstances must be of conclusive nature, fully established, and incompatible with innocence.
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