PC&PNDT Act – Gravity of Offense and Prima Facie Case – The PC&PNDT Act prohibits the use of prenatal diagnostic techniques for sex determination. Violations under this act are serious, non-bailable, non-compoundable, and cognizable. The charge sheet presents a prima facie case against the petitioner, involving a sting operation and the seizure of unlicensed ultrasound equipmen...
Proclaimed Offender – Procedural Irregularities – Petitioner challenged the order declaring him as a proclaimed offender – Affixation of proclamation was carried out before it was entrusted to the serving officer – Issuance of proclamation did not meet the mandated 30-day period under Section 82 of Cr.P.C. – Held, procedural lapses in issuance and affixation of procla...
Criminal Law – Anticipatory Bail – Serious Allegations – Petition for anticipatory bail under Section 438 of Cr.P.C. in a case involving serious allegations under multiple sections of IPC, SC/ST Act, and IT Act. Allegations included rape, wrongful confinement, criminal intimidation, and recording and storing objectionable material. Held - given the gravity of the charges and the ...
Criminal Procedure – Second Bail Petition – No New Developments – Petitioner filed second bail petition under Section 439 CrPC after withdrawing the first petition – No new developments or changes in circumstances since the first petition – Second petition deemed a review of the earlier judgment, not permissible in criminal law – Bail denied [Paras 1-11].
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NDPS Act – Default Bail – Incomplete Challan – Petitioner sought default bail under Section 167(2) CrPC as the challan was presented without the report of the chemical examiner – Division Bench in Ajit Singh alias Jeeta held that such a challan is incomplete, entitling the accused to default bail – However, two Single Benches declared this judgment per incuriam &ndash...
Default Bail – Indefeasible Right – Reasonable Opportunity – Petitioner applied for default bail under Section 167(2) CrPC due to incomplete challan without FSL report – Bail granted but bonds furnished after court hours – Held, default bail is an indefeasible right, not defeated by late submission of bonds if reasonable opportunity to fulfill conditions is given &nda...
Juvenile Justice – Bail to Juvenile – Statutory Mandate – Petitioner, a juvenile, sought bail under Section 12 of the Juvenile Justice Act – Bail to juveniles is a rule, denial is an exception – Court must release a juvenile unless one of the three exceptions in Section 12(1) applies: association with known criminals, exposure to moral danger, or defeating t...
Bail – Chit Funds Scheme – Financial Fraud – Petitioner, a director and promoter of M/s HDPL, involved in unauthorized chit fund scheme, collected substantial money from the public with false assurances – Petitioner’s role direct and active in the scheme – Large sums collected not yet recovered – Petitioner declared Proclaimed Offender in related cases &nd...
Proclaimed Offender – Quashing of Order – Improper Service – Petitioner declared proclaimed offender and FIR registered under Section 174-A IPC due to non-appearance in a cheque dishonor case under Section 138 NI Act – Held, the correct address of the petitioner was not furnished by the complainant, resulting in non-service of summons – Mandatory 30-day period for app...
Anticipatory Bail – Denial – Sexual Offences against Minor – Petition for anticipatory bail in a case involving a 16-year-old victim who alleged multiple instances of sexual assault, forced intoxication, blackmail, and threats by the petitioner and co-accused – Victim’s statement under Section 164 CrPC corroborated the allegations – Held, anticipatory bail denie...