-Mohamed Thahir Sulaiman INTRODUCTION In its recent judgment in Jalaluddin Khan v. Union of India, the Supreme Court has reemphasized the well-established principle that “bail is the rule, jail is the exception,” even in cases arising under special statutes like the Unlawful Activities (Prevention) A...| The Criminal Law Blog
–Jugaad Singh INTRODUCTION Overflowing and overburdened prisons are often a consequence of either an increased crime rate or an increased conviction rate. However, in India, the situation is neither. It is the consequence of a delayed judicial process, as more than 75% of the in-mates are under trial prisoners. While the overflow of prisons is … Continue reading UNCERTAINTY UNDER-TRIAL: DISCRETION IN DENIAL OF BAIL U/S 436A| The Criminal Law Blog
~By Parth Kantak INTRODUCTION This piece deals with the issue of bail in the cases of the cyber-crimes given in the Information Technology (IT) Act, 2000. It has been a relatively muted issue however a really pertinent one due to the impact that it has on the investigation of cyber-crimes, which is an extremely crucial stage … Continue reading Bail in Cases of Cyber-Crimes under the Information Technology Act, 2000: A Critical Re-Evaluation of the Penal Framework.| The Criminal Law Blog
-Rushil Batra Introduction In 2022, the Supreme Court gave its much-awaited pronouncement in the case of Vijay Madanlal Chaudhary v Union of India on various aspects of the Prevention of Money Laundering Act, 2002 (PMLA)– inter alia the constitutionality of PMLA, conditions for bail, and the role of the Enforcement Case Information Report (ECIR). The … Continue reading Money Laundering and Predicate Offences – The Aftermath of Vijay Madanlal Chaudhary| The Criminal Law Blog
– Abhinav Sekhri Recently, a Division Bench of the Supreme Court delivered its judgment in Central Bureau of Investigation v. T. Gangi Reddy [Crl. Appeal No. 337 of 2023, decided on 16.01.2023; “Gangi Reddy“]. The CBI had gone up to the Supreme Court against an order of the Andhra Pradesh High Court from March, 2022, and what it wanted was to … Continue reading Section 167, ‘Default Bail’, and its Cancellation| The Criminal Law Blog
-Abhinav Sekhri The Bombay High Court has re-affirmed the most elementary legal position — the mere power to do something does not act as a justification for doing it. That its order of 09.01.2023 directing the release of Deepak Kochhar and Chanda Kochhar by granting them interim bail on this very premise has generated such a buzz … Continue reading On the Bombay High Court granting bail to the Kochhars| The Criminal Law Blog
-Saranya Ravindran Section 438 of the Code of Criminal Procedure [CrPC] empowers the Sessions Court and the High Court to grant anticipatory bail, i.e., the direction to release a person on bail in the event of an arrest on a non-bailable offense. Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities … Continue reading Restricting Anticipatory Bail under the Atrocities Act| The Criminal Law Blog
~By Devvrat Singh and Nishita Gupta Introduction The Prevention of Money Laundering Act (hereinafter referred to as PMLA) was enacted in 2002 and since then it has undergone several amendments. The stated object of PMLA was to combat money-laundering activities and confiscate the properties involved in or connected to the act of money laundering. Several … Continue reading Bail under PMLA: Comprehending the SC’s Imprimatur in Vijay Madanlal Choudhary vs UOI| The Criminal Law Blog
~By Abhinav Sekhri The previous post in this two-part series considered how the Supreme Court’s judgment in Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. [SLP Crl. No. 4364 of 2014; Judgment dated 27.07.2022 (“Vijay Madanlal Choudhary“) dealt with the offence of money laundering under the Prevention of Money Laundering Act 2002 [“PMLA”]. This post turns its lens to how the judgment … Continue reading Old Wine in New Bottles? – The Judgement in Vijay Madanlal...| The Criminal Law Blog
~By Abhinav Sekhri On July 11, 2022, the most recent clarifications were issued by the Supreme Court in respect of the bail guidelines which it had first issued in October, 2021 [MA No. 1849 of 2021 in SLP (Crl) 5191 of 2021, titled ‘Satender Kumar Antil v. CBI‘ (Order dated 11.07.2022)]. This blog had covered the guidelines in October, … Continue reading The Most Recent Clarifications to the Supreme Court Bail Guidelines| The Criminal Law Blog
Among those charged are Jimmie Torres and his son, Matthew Torres, who oversaw the enterprise when his father was at his home in Puerto Rico. The post AG Sunday announces takedown of large-scale cocaine-trafficking enterprise appeared first on The Independence.| The Independence
Statement from the Illinois Network for Pretrial Justice: "Illinois defends the Pretrial Fairness Act. We will not bow down to Trump." The post Statement from the Illinois Network for Pretrial Justice: “Illinois defends the Pretrial Fairness Act. We will not bow down to Trump.” appeared first on Chicago Appleseed Center for Fair Courts.| Chicago Appleseed Center for Fair Courts
An arrest has the potential to turn an individual’s life upside down in a matter ... Read more| ELH / HR4Sight
Our new report, The Impact of the Pretrial Fairness Act on Electronic Monitoring in Cook County, examines the impacts of the legislative reforms on Cook County’s pretrial electronic monitoring system. The post NEW—The Impact of the Pretrial Fairness Act on Electronic Monitoring in Cook County: Report appeared first on Chicago Appleseed Center for Fair Courts.| Chicago Appleseed Center for Fair Courts
A 32-year-old woman facing firearm and drug trafficking charges has been arrested for allegedly violating her bail conditions.| windsorstar
Beginning September 18, 2023, the Pretrial Fairness Act fundamentally altered pretrial practices in Illinois. What can we say about the workings and effects of the new law at the one-year point?| Loyola University of Chicago Center for Criminal Justice
A little over a month after the Illinois Pretrial Fairness Act went into effect, we summarize some preliminary observations on the rollout of the new law.| Loyola University of Chicago Center for Criminal Justice
Professors Don Stemen and David Olson of Loyola University Chicago CCJ examine whether crime has increased in places that have implemented bail reforms since 2017.| Loyola University of Chicago Center for Criminal Justice
We explore how important monetary bail is as a source of restitution for victims of crime and whether the elimination of monetary bail will have the unintended consequence of reducing compensation for victims.| Loyola University of Chicago Center for Criminal Justice
Practitioner interviews suggest that bail is imposed for a broader range of purposes than is usually articulated, at least in public. Our analyses of available data show that bail’s practical results are different from those that are widely assumed. And our conversations with defendants—people who know the pretrial system from inside—have surfaced beliefs and perceptions about bail that are both disturbing and important.| Loyola University of Chicago Center for Criminal Justice
Some Insights from Illinois Practitioner Interviews| Loyola University of Chicago Center for Criminal Justice