Criminal Law – Quashing of FIR – Petition under Section 482 CrPC to quash FIR under Sections 376 and 420 RPC – Allegations involve fraudulent marriage and subsequent physical relations under false pretenses – Court finds no prima facie case against petitioners Nos. 1 & 2 (parents of petitioner No. 3) – FIR quashed against them, while continuing against petitioner ...
Criminal Law – Bail application – Regular bail granted based on parity with co-accused who was previously granted bail – FIR involved charges under various sections of IPC and CGST Act related to economic offenses including evasion of tax and forgery – Previous judgments emphasized that bail is the rule and jail the exception, stressing the importance of fair trial and libe...
Bail Application - Grant of regular bail to petitioners - Petitioners are accused in a case involving charges under Sections 307, 353, 186, and 34 IPC, Section 21(c) of the Narcotic Drugs & Psychotropic Substances Act, and Section 25 of the Arms Act - Petitioner Sukhchain Singh alias Bhujia withdrew his petition. [Para 3-4]
Bail Application - Petitioners Manpreet Singh alias Patwa...
Criminal Law - Bail Application under MCOCA - Bail Rejected – Application filed under Section 439 of Cr.P.C. for offences under Sections 3 and 4 of MCOCA – FIR alleges involvement in organized crime syndicate led by Vikas Gulia @ Vikas Langarpuria – Applicant accused of multiple serious crimes including murder, extortion, and robbery – Court observes applicant’s key r...
Criminal Appeal – Bail – Denial of bail by trial Court – Petitioner seeks release as an undertrial – Offense under IPC and Arms Act – Alleged involvement in an old feud – Co-accused granted bail – Insufficient evidence of complicity – No likelihood of tampering with evidence – Lengthy preventive custody – Petitioner's personal circums...
Bail Application – Narcotic Drugs and Psychotropic Substances (NDPS) Act – Application under Section 439 of the Cr.P.C. for regular bail in case registered under various sections of the NDPS Act, involving the recovery of 230 kg of poppy husk – Petitioner neither driver nor owner of the truck; co-accused granted bail – Prolonged incarceration without charge framing or witne...
Bail – Section 439 Cr.P.C. – NDPS Act – Prolonged Custody and Delay in Trial – Bail applications by petitioners arrested with 23600 tablets of Tramadol Hydrochloride. Petitioners in custody since 27.11.2020, with trial progress minimal, citing only 3 out of 13 witnesses examined over 3.5 years. Held: Prolonged incarceration violates Article 21 of the Constitution. Supreme C...
Criminal Law – Appeal Against Acquittal – State appealed against the acquittal of Bhikhabhai Punjabhai Solanki and others by the Additional Sessions Judge, Kheda, Camp at Anand - The case involved the death of Vitthalbhai due to alleged assault by respondents on suspicion of illicit relationship - Prosecution's case primarily hinged on the testimony of sole eyewitness PW-1 Sureshbh...
Criminal Law – Appeal against Acquittal – Legal Standards and Appellate Review – Criminal Appeal against the judgment of acquittal passed by the Additional Sessions Judge, Kheda, Camp at Anand – Acquittal of respondents under Sections 302, 323, 365, 342, 147, 148, 149 of IPC – Allegation of abduction and murder – Supreme Court emphasizes double presumption of in...
Criminal Procedure – Anticipatory Bail – Petitioner, Sahil @ Sahil Singh @ Shalu, summoned to face trial as an additional accused in FIR No. 65/2020 under Sections 302, 323, 341, 506, 148, 149 IPC at Police Station Gate Hakima, Amritsar – Allegations include involvement in a group assault leading to death – Petitioner alleged to have given fist blows to one of the injured &...