Criminal Law – Cheating and Extortion Allegations: Petitioners challenged the criminal proceedings and charge-sheet alleging offences of cheating, blackmailing, extortion, and defamation. The complainant, a business partner, accused the petitioners of threatening him and his family to extort money. The High Court found that the complaint was filed with mala fide intentions and suppressed mat...
Criminal Law – Anticipatory Bail – Onerous Conditions – The High Court granted anticipatory bail to the appellant with the condition to file a joint affidavit with the complainant, undertaking to fulfill all physical and financial requirements of the complainant – The Supreme Court criticized the imposition of such impractical and onerous conditions, stating they could be c...
Criminal Law – Conviction Reversal – Evidence Analysis: Appeal against conviction for assault causing death under Section 304 Part II IPC – Trial court convicted appellant based on testimonies and medical evidence – High Court finds inconsistencies in prosecution evidence and lack of explanation for gaps in medical treatment – Judgment and sentence set aside [Paras 1-...
Anticipatory Bail – Allegations of Dowry Harassment and Attempted Murder – Petitioners sought anticipatory bail under Section 438 CrPC for offences under Sections 498-A, 307, 509, 313, 403, 409 read with 34 IPC, and Sections 3 and 4 of the Dowry Prohibition Act – Allegations included demand for dowry, misappropriation of gold, and forced abortion – Investigation revealed in...
Criminal Law – Bail Application – Rape Allegations: Petition filed under Section 439 Cr.P.C. seeking bail in a case registered under Section 376 IPC. The petitioner allegedly committed sexual assault on the prosecutrix under the false promise of marriage. The trial court denied bail, and the petitioner approached the High Court.
Prima Facie Evidence – Consent and Mis...
Interim Bail – Medical Grounds – Petitioner, suffering from multiple ailments including post-bariatric surgery complications, sought interim bail citing inability of jail to provide necessary dietary and medical care – Medical reports indicated necessity of specialized diet and treatment not feasible in jail – Respondent argued petitioner previously misused bail and jail au...
Criminal Law – Anticipatory Bail – Fraud and Misappropriation: Petitioners accused of fraudulently securing a loan amounting to Rs.30,00,000/- using documents without the knowledge or consent of the defacto complainant’s husband – Petitioners sought anticipatory bail – Court emphasized necessity of custodial interrogation for thorough investigation – Bail denied...
Bail – NDPS Act – Commercial Quantity Recovery – Procedural Irregularities – Petitioner seeking regular bail under Section 439 Cr.P.C. in a case under Section 22 of the NDPS Act, involving recovery of commercial quantity of Tramadol Hydrochloride – Contention that recovery was a chance discovery made by a police party in a private vehicle, not recorded in the police z...
Anticipatory Bail – Section 438 Cr.P.C. – Petitioner sought anticipatory bail in relation to accusations of caste-based atrocities and violence – Court analyzed the applicability of Sections 18 and 18A of the SC and ST (Prevention of Atrocities) Act, which typically bar anticipatory bail – Court found no prima facie case of caste atrocity against the petitioner based on the...
Bail – Pre-arrest Bail – Conditional Bail – High Court granted pre-arrest bail to the appellants with the condition to deposit 25% of ₹20,00,000. Supreme Court emphasizes that courts should not act as recovery agents for complainants’ dues when granting bail [Paras 2-5].
Conditional Bail – Jurisprudence – Supreme Court observes that the condition ...