Bail under UAPA – Section 43D(5) – Complete embargo unless accusation prima facie untrue – Court examined whether material showed appellant’s role in conspiracy – Only recovery of one pistol, cartridges and Rs.50,000/- cash – No direct evidence of conspiracy – Held: Material insufficient to sustain continued custody [Paras 9-12].
Criminal Conspiracy &nd...
Regular Bail – Honey-Trap and Extortion Allegations – Sections 127, 308, 352, 351, 318, 115 & 61 BNS – Bail Granted – Petitioner, a police constable, arraigned as accused No.6, alleged to have accompanied prime accused and threatened complainant in extortion plot – No recovery from petitioner; no direct demand of money attributed – Investigation comple...
Criminal Law - BNSS – Section 94 – Scope – Production of documents – Notice to University Registrar for scholarship records (2020–2025) challenged as unrelated to alleged exam malpractice – Petitioners argued no nexus with University; scholarships processed and disbursed by State through nodal officers – Held: Section 94 empowers Investigating Officer to c...
Criminal Law - Murder – Circumstantial Evidence – Sections 302, 498-A, 201 IPC – Acquittal – Appellant convicted for murdering wife by throttling and hanging her body to simulate suicide – High Court found prosecution failed to prove motive, failed to complete chain of circumstances, and relied on weak extra-judicial confession – Medical evidence ruled out manua...
Criminal Law - Rape of Minor – Conviction under Section 376(2) IPC & Sections 4, 6 POCSO – Trial Court’s Conviction Restored – High Court erred in acquitting accused on grounds of procedural irregularities and alleged inconsistencies – Held: Evidence of victim consistent and corroborated by medical records (pregnancy, abortion); procedural lapses (Section 223/defe...
Anticipatory Bail – Withdrawal of Previous Applications – Co-Accused Already Granted Bail – Relief Granted - The appellant's anticipatory bail was denied by the High Court solely on the ground that he had earlier withdrawn similar applications – The Supreme Court noted that co-accused were granted bail and had already extended interim protection to appellant – Hel...
Criminal Trial – Transfer of Case – Allegations Against Presiding Officer – Transfer Directed - The petitioner sought transfer of his pending trial from the current Presiding Officer alleging lack of fairness and transparency – The Delhi High Court rejected the transfer plea – On hearing the Special Leave Petition, the Supreme Court invoked its powers to direct the Pr...
Criminal Law - Section 21(c), 29, and 52A of the NDPS Act – Clubbing of Contraband Quantity – No Presumption of Conspiracy – Conviction Set Aside – The appellant and co-accused were apprehended together and found with 125g and 130g of heroin respectively – Held: Mere physical proximity does not justify presumption of common intent or conspiracy – No evidence led...
Anticipatory Bail – Allegations of Rape and Sexual Assault – IPC Sections 376(1), 377, 354A – Bail Granted - The appellant, alleged to be a spiritual leader, was accused of sexually exploiting a married woman and others – The FIR was lodged after delay, and the High Court had rejected anticipatory bail – Supreme Court noted earlier grant of interim protection and foun...
Criminal Law – Section 326 IPC – Stabbing with Knife – Conviction Upheld – Appellant convicted for causing grievous hurt by stabbing neighbour in drunken state – Defence argued that witnesses were related and contradictory, no independent witnesses or recovery of weapon – Held: Evidence of injured witness (PW2) and his son (PW1), corroborated by medical officer ...