Read more about the article Mere providing access to a Smartphone or E-mail account would not amount to self-incrimination: Kerala High Court
PC: Wikipedia

Mere providing access to a Smartphone or E-mail account would not amount to self-incrimination: Kerala High Court

Mere providing access to a smartphone or e-mail account would not amount to self-incrimination since it is for the investigating agency to prove its allegation by cogent material evidence, the Court observed. The data available on a smartphone or e-mail account would also have to be proved by the investigating agency in accordance with Law. Mere providing of password, passcode or biometrics would not amount to answering any question put forward by the Investigating Officer, and as such, it would not amount to a violation of Section 151(2) of the Cr.P.C.

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Read more about the article Merely because prosecution case rests on circumstantial evidence, it cannot be a ground to release the accused on Bail: Supreme Court
PC: Supreme Court Observer

Merely because prosecution case rests on circumstantial evidence, it cannot be a ground to release the accused on Bail: Supreme Court

Two judges Bench of the Supreme Court comprised of Justice M. R. Shah and Sanjiv Khanna while hearing a criminal appeal observed that merely because the prosecution case rests on circumstantial evidence cannot be a ground to release the accused on bail, if during the course of the investigation the evidence/material has been collected and prima facie the complete chain of events is established.

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Read more about the article Factors to be considered while granting bail to the accused: Supreme Court
Source: Supreme Court of India

Factors to be considered while granting bail to the accused: Supreme Court

Ultimately, the Court considering an application for bail has to exercise discretion in a judicious manner and in accordance with the settled principles of law having regard to the crime alleged to be committed by the accused on the one hand and ensuring purity of the trial of the case on the other.

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Any requests as to re-testing, re-sampling shall only be entertained in rare cases and within fifteen days of the receipt of the test report under the NDPS Act: J&K High Court

The Court held that any requests as to re-testing, re-sampling shall not be entertained under the NDPS Act as a matter of course. An application in such rare cases must be made within a period of fifteen days of the receipt of the test report; no applications for re-testing, re-sampling shall be entertained thereafter.

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Provisions of CRPC as to Grant of Bail are applicable to the proceedings under the POCSO Act: J&K High Court

The Court while rejecting the contentions of the respondents observed that if an earlier application was rejected by an inferior court, the superior court can always entertain the successive bail application.  The Court referred to the judgment of the Supreme Court in case titled Gurcharan Singh & Ors vs State (Delhi Administration), AIR 1978 SC 179 wherein it was observed that:

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Court Cannot Appreciate Evidence Collected by the Prosecution While Hearing a Bail Application: J&K High Court

The Single Bench of the High Court, comprised of Justice Puneet Gupta while hearing a bail application observed that the court cannot appreciate the evidence that has been collected by the prosecution against the accused while deciding the bail application.

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Read more about the article Bail in Economic Offences requires different approach by the Court: J&K High Court
Source: JK Legal Forum

Bail in Economic Offences requires different approach by the Court: J&K High Court

The Court while denying concession of bail to the applicants has observed that Economic Offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously.

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