Matrimonial Acrimony a Strong Motive for False Implication: Punjab & Haryana High Court Refuses State's Appeal in POCSO Acquittal Conviction Cannot Rest on Presumptions and Hearsay: Rajasthan High Court Acquits Man Accused of Murder Based on Circumstantial Evidence and Revenge Theory A Decree Based on No Pre-existing Right and Procured Through an Impostor is Void and Unenforceable: P&H HC No Insurance Cover, No 'Pay and Recover': Madras High Court Exonerates Insurer from Liability Due to Bounced Premium Cheque Licence That Is Void Ab Initio Cannot Be Protected by Due Process: Calcutta High Court Upholds Licensing Authority’s Inherent Power to Revoke Fair Price Shop Licence Unless Fraudulent Misrepresentation Is Shown, Writ Jurisdiction Cannot Be Invoked Against Alleged Unauthorized Constructions: Andhra Pradesh High Court Dismisses Pleas Seeking Demolition Delay in Lodging FIR is Fatal Where Police Reached the Crime Scene Same Night: Allahabad High Court Acquits Murder Accused After 38 Years

"Bail" Digest

Anticipatory Bail – Prima Facie Case – Applicability of Section 18 of SC/ST (POA) Act – The appellant, charged with offences under IPC and SC/ST (Prevention of Atrocities) Act, sought anticipatory bail – Court held: The prosecution failed to prima facie establish the ingredients of the offences under the SC/ST Act – No satisfactory explanation was provided for the two...

Criminal Law – Bail in Rape and POCSO Case – Petitioner sought bail under Section 439 Cr.P.C. – Allegations included following the victim, expressing intent to marry, forcibly taking her to a lodge, committing rape, and issuing threats – Victim’s age contested by petitioner based on school certificate used as age proof without birth/matriculation certificate – H...

Criminal Law – Bail Application – Rape under POCSO Act – The applicant, aged 71 years, sought bail in a case involving gang rape and blackmail of a 12-year-old victim. The victim alleged that the applicant, along with a co-accused, had formed physical relations with her against her consent on multiple occasions, leading to her pregnancy, and blackmailed her with videos – He...

Anticipatory Bail – SC & ST Act – Prima Facie Case – Appeal Allowed – The appellant sought anticipatory bail after being accused of utterances and gestures of a sexual nature towards a journalist belonging to a Scheduled Caste, with offenses under Sections 74 and 79 of the BNS and Sections 3(1)(w)(ii) and 3(2)(va) of the SC & ST Act – The Court held that prima...

Anticipatory Bail – Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 – Scope Expanded – The applicants filed for anticipatory bail under Section 482 of the BNSS, 2023, in connection with accusations under Sections 451, 394/34 of IPC – Held: The scope of anticipatory bail has been expanded compared to the earlier provision under Section 438 of the CrPC, 1973, removing g...

Bail Application – Prolonged Custody – Delay in Trial – Bail Granted – The Applicant sought release on bail in a murder conspiracy case, citing his custody since January 2020 and the slow progress of the trial, with over 70 witnesses yet to be examined. The trial was proceeding slowly due to limited availability of the Sessions Judge and the complexity of the case – H...

Bail Application – Corruption Charges – Section 7 of the PC Act – Regular Bail Granted – The petitioner, a Sub-Inspector in Delhi Police, was accused of demanding and accepting a bribe of Rs. 2.5 lakhs during the course of official duties – The Court considered the petitioner’s contention of false implication, lack of criminal antecedents, and the fact that the ...

Anticipatory Bail – SC/ST (PoA) Act – False Implication – Bar Under Section 18 - The appellants sought anticipatory bail, arguing that the charges were filed as a counterblast to an incident involving political rivalry and that they were falsely implicated – Held: Based on the material, including the FIR, the parties were found to be living in inimical terms, raising doubts...

Bail Application – Charges under IPC and POCSO Act – Grant of Bail – Appellant accused of offenses including abduction and sexual assault – Appeal against rejection of bail by the Rajasthan High Court – Argument of consensual relationship due to close age gap between appellant and the minor victim – Held: The appellant has been in custody since May 2024, and the...

Suspension of Sentence – Section 389(1) CrPC – Denial of Parity in Bail – The appellants sought suspension of sentence and release on bail, similar to co-accused Pappu, who was granted bail despite being the primary accused in the murder – High Court rejected the plea on grounds of differing periods of imprisonment served by the appellants and co-accused – Held: The a...