Criminal Law – Transit Anticipatory Bail – Sought for offences under Sections 498A, 323, and 504 of IPC and Sections 3 and 4 of the Dowry Prohibition Act – The petitioners filed for anticipatory bail in Karnataka while the case was registered in Uttar Pradesh – Held: Granted transit anticipatory bail for three weeks to enable petitioners to seek anticipatory bail from the j...
Criminal Law – Arrest and Bail – Allowed - High Court Judgment – Appellant Arvind Kejriwal's arrest upheld by the High Court for alleged involvement in manipulation of the Excise Policy for undue gains. High Court denied regular bail. Appellant challenged arrest procedure under Sections 41(1) and 41A of CrPC. Held: Arrest not illegal, but continued incarceration pending trial...
Criminal Law – Conviction under Section 304B IPC and 201 IPC – Acquittal – The appellant (Accused No.1) was convicted for the dowry death of his wife under Section 304B of the IPC and sentenced to life imprisonment – Accused No.2 was convicted under Section 201 IPC for allegedly removing evidence of the suicide – Both accused appealed against the conviction – Th...
Criminal Procedure – Approver – Bail Granted – The petitioner, an approver in a case involving offenses under Section 302 IPC, sought bail after testifying in both the trial of the co-accused and a Court Martial – The trial court rejected the bail application based on Section 306(4)(b) of Cr.P.C., which mandates the detention of an approver until the termination of the tria...
Criminal Law – Rape – Acquittal Due to Inconsistent Testimony – The appellant was convicted by the trial court under Sections 341, 366, and 376 of the IPC based on the victim's testimony, which alleged abduction and rape by the appellant and others. However, discrepancies were noted between her statement under Section 164 CrPC and her deposition before the court. The victim&#...
Criminal Law – Culpable Homicide – Section 304 Part II IPC – Defense of Private Defense – The appellant was convicted under Section 304 Part II IPC for pelting stones at the deceased, resulting in fatal injuries. The incident occurred during a scuffle over a monetary dispute where the deceased was under the influence of alcohol and attempted to snatch money from the appella...
Criminal Law – Preventive Detention – COFEPOSA Act – Detention order quashed due to procedural violations – The appellant, wife of the detenu (Shaji A.K.), challenged the preventive detention of her husband under COFEPOSA for allegedly engaging in illegal foreign exchange transactions – Detention based on statements, WhatsApp chats, and documents linking the detenu to...
Criminal Law – Prevention of Money Laundering Act (PMLA) – Bail Granted – The appellant, Manik Bhattacharya, was arrested by the Enforcement Directorate (ED) for allegedly receiving Rs. 7,00,000 from 44 candidates – Charged under Section 3, read with Section 70, and punishable under Section 4 of the PMLA, 2002 – His bail applications were denied twice by the trial cou...
Criminal Law – Murder – Acquittal Overturned – Eyewitness Testimonies – Three eyewitnesses, including the father and daughter of the deceased, testified against the accused, stating that he attacked his wife with a Kassi – Trial court disregarded these statements due to minor contradictions in timing and procedural flaws in the investigation – Held: The High Cou...
NDPS - Possession and Conscious Possession – Section 20(b)(ii)(C) NDPS Act – The appellant was convicted for possessing 208 kg of ganja, which was seized from a private vehicle he was driving – Held: The court observed that possession includes both physical custody and mental awareness – The standard for conscious possession varies depending on whether the vehicle is public...