Legal Reference Library

The Supreme Court of India in R.K. Krishna Kumar Vs. State of Assam, AIR 1998 SC 530 : 1997 (6) Suppl.SCR 153 : (1998) 1 SCC 474 : 1997 (7) SCALE 442 : JT 1997 (9) SC 709 : 1998 (2) ALD (Cri) 113 : 1998 (1) ALT (Cri) 107 : [1998] 92 Comp Cas 14 (SC) : 1998 CriLJ 848 : 1997 (4) Crimes 388 (SC) held that the question of granting anticipatory bail under Section 438 of the Code of Criminal Procedure not applicable if the offence is bailable. A bench comprising of M.K. Mukharji and K.T. Thomas, JJ. observed that the question of granting anticipatory bail does not arise since offence under S. 10 of the Unlawful Activities (Prevention) Act, 1967 is bailable. # Anticipatory Bail Officers of a Company met some leaders of an unlawful association including United Liberation Front of Assam (ULFA), negotiated with them in connection with their various demands including ransom demands. Case Diary revealed that the Company had funded the said unlawful association and the Officers had a role to ...

Bombay High Court has come down heavily on police officers for illegally detaining two doctors for more than two weeks in connection with a crime which was bailable. Division Bench comprising of Justices Ranjit More and Anuja Prabhudessai directed the Commissioner of Police to enquire into the matter of illegal detention and to take disciplinary action against the erring police officers. Costs of Rs. 50,000 was also directed to be paid to the doctors, which is to be borne by the errant police officers themselves. In this case, allegation against these doctors, who were brothers of the main accused, was that they cheated the complainant by giving false promise of marriage and thereby calling it off. The main accused was also charged with Section 376 IPC.  All of them were arrested on 7th June 2015 and despite directions of the High Court to consider their bail applications expeditiously, the Sessions Court failed to do so. They were finally released on 24th June 2015 following direc...