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Punjab & Haryana High Court | Magistrates Empowered to Grant Bail Even If Earlier Plea Rejected by HC, When Closure Report Is Filed | Criminal History Only a Factor, Not a Bar Under S.480 BNSS

Punjab & Haryana High Court | Magistrates Empowered to Grant Bail Even If Earlier Plea Rejected by HC, When Closure Report Is Filed | Criminal History Only a Factor, Not a Bar Under S.480 BNSS

Safiya Malik   The High Court of Punjab and Haryana Single Bench of Justice Anoop Chitkara held that recidivism does not affect the powers of the Chief Judicial Magistrate or Judicial Magistrate to grant bail and directed confirmation of interim bail previously granted. The Court stated that all offences mentioned in the First Information Report were triable by a Magistrate and that despite the petitioner’s prior criminal ant...

Punjab & Haryana High Court Upholds Conviction for Rioting and Hurt | Says First-Time Offenders May Be Released on Probation to Prevent Jail Stigma in Minor Offences

Punjab & Haryana High Court Upholds Conviction for Rioting and Hurt | Says First-Time Offenders May Be Released on Probation to Prevent Jail Stigma in Minor Offences

Sanchayita Lahkar   The High Court of Punjab and Haryana Single Bench of Justice Manisha Batra directed that a convict be released on probation instead of serving the remaining period of imprisonment. The Court modified the order of sentence, holding that the petitioner be released on furnishing personal bond and surety, subject to conditions of good behaviour and compliance as mandated by the Probation of Offenders Act, 1958. The...

Habeas Corpus Plea Not Substitute for Custody Proceedings Under Guardianship Act | Welfare of Child Paramount: Punjab & Haryana High Court

Habeas Corpus Plea Not Substitute for Custody Proceedings Under Guardianship Act | Welfare of Child Paramount: Punjab & Haryana High Court

Isabella Mariam   The High Court of Punjab and Haryana Single Bench of Justice Sumeet Goel dismissed a writ petition concerning the custody of a minor child, directing the parties to pursue remedies before the competent statutory forum. The Court held that the extraordinary jurisdiction under Article 226 of the Constitution of India could not be invoked in the presence of an effective alternative remedy available under guardianship...

Cross-Border Drug Smuggling on the Rise | P&H High Court Denies Bail Under NDPS Act | Calls for MEA Coordination in Cases Involving Foreign Nationals

Cross-Border Drug Smuggling on the Rise | P&H High Court Denies Bail Under NDPS Act | Calls for MEA Coordination in Cases Involving Foreign Nationals

Isabella Mariam   The High Court of Punjab and Haryana Single Bench of Justice Anoop Chitkara dismissed a petition seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court recorded that the petitioner had failed to meet the stringent conditions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in relation to an alleged involvement in trafficking of commercial quantit...

Punjab and Haryana High Court | Bail Under BNSS Sec. 483 Cannot Be Denied to Undocumented Migrant for Inability to Furnish Sureties | Custody Beyond Procedural Delay Violates Article 21

Punjab and Haryana High Court | Bail Under BNSS Sec. 483 Cannot Be Denied to Undocumented Migrant for Inability to Furnish Sureties | Custody Beyond Procedural Delay Violates Article 21

Isabella Mariam   The High Court of Punjab and Haryana Single Bench of Justice Anoop Chitkara ordered the release on bail of a foreign national accused of offences under the Indian Penal Code and the Foreigners Act, 1946. The Court directed that the petitioner, who had been in pre-trial custody for more than six months, be released subject to furnishing bonds or deposits as determined by the trial court. It further clarified that i...

‘No Blanket Order for Prior Notice Before Arrest Permissible’: Punjab & Haryana High Court Dismisses Former SAD Leader Ranjit Gill’s Plea in NDPS and Corruption Case

‘No Blanket Order for Prior Notice Before Arrest Permissible’: Punjab & Haryana High Court Dismisses Former SAD Leader Ranjit Gill’s Plea in NDPS and Corruption Case

Safiya Malik   The High Court of Punjab and Haryana Single Bench of Justice Tribhuvan Dahiya held that the petitions challenging notices issued under Section 160 of the Code of Criminal Procedure had become infructuous as the petitioners had not been nominated as accused in the concerned cases. The Court dismissed both petitions, stating that the impugned notices had become superfluous and that there was no justification to issue a...

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