Bail cannot be denied to accused not alleged to be involved in continuing unlawful activity and no charge-sheet is filed against him within preceding ten years

The accused was arrested for allegedly committing organised crimes. To make any activity to be continuing unlawful one, one charge-sheet has to be filed before a competent Court within the preceding period of ten years. The Supreme Court thus observed that the offence of 'organised crime' under Gujarat Control of Terrorism and Organised Crime Act, 2015 is constituted by at least one instance of continuation, apart from 'continuing unlawful activity'. Since neither any FIR was registered against the accused after declaration of 2015 Act for any offence nor any charge-sheet was filed within the preceding period of ten years, accused was rightly released on bail.

Conviction under S. 411 IPC for dishonestly receiving stolen property is invalid when the accused persons are acquitted under S. 379 IPC for theft arising from the same transaction.

AIR 2025 SC 3890 : AIROnline 2025 SC 760 Legal principles "In a criminal prosecution, the initial burden is always on the prosecution to discharge.", "Conviction under Section 411 IPC requires that the property is proved to be stolen property.", "If the prosecution fails to establish

Benefit of maternity leave with allowance to Contractual employee

AIROnline 2022 KER 275 An educational society CPAS is an "establishment" under S. 2(1)(b) of Maternity Benefit Act, 1961, as the term covers any establishment under State law, not only commercial entities. Hence MB Act's applicable to contract employees in establishments like CPAS. Further

Legal Principles Regarding First Appeal S. 96 of Civil P C

AIROnline 2025 MAD 723 "Right of first appeal is a substantive, valuable right and not merely procedural.", "Unless expressly excluded by statute, the right of appeal cannot be limited or taken away by subsequent legislation.", "Appeal is a continuation of the suit.", "Judicial

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