Bail Application - Petitioner seeking release as an undertrial in a case under the NDPS Act - Original FIR filed against unknown individuals - Petitioner's counsel contends no substantial link between petitioner and the alleged offense, emphasizing innocence and fabricated FIR - Lack of evidence against the petitioner - Trial anticipated to be lengthy - No useful purpose served in detaining pe...
Premature Release Guidelines - Quashing of Order - Classification of Prisoner - Beneficial Guidelines - The petitioner seeks the quashing of an order placing him in a specific category under the premature release guidelines - The incident involved a quarrel between the petitioner and his wife, resulting in her death by fire - Dying declaration by the deceased indicated her husband's involvemen...
Criminal Case - Conviction under Section 304(Part-II) of IPC - Appellant convicted for the offence of culpable homicide not amounting to murder - Sentence of rigorous imprisonment for 10 years and a fine of Rs.1,000 imposed - Acquittal from the offence under Sections 498A and 341 of the IPC - Appellant's legal fees and expenses quantified at Rs.20,000 to be paid by the High Court Legal Service...
Criminal Appeal – Bail – Denial of bail by trial Court – Petitioner seeks release as an undertrial – Offense under IPC and Arms Act – Alleged involvement in an old feud – Co-accused granted bail – Insufficient evidence of complicity – No likelihood of tampering with evidence – Lengthy preventive custody – Petitioner's personal circums...
Appeal against conviction – Appellants convicted for offenses under Sections 306 and 498A of IPC – Revision petitioners challenged the judgment in appeal – Conviction under Section 498A of IPC not sustainable due to absence of valid marital relationship – Ext.P3 agreement not a substitute for a legally valid marriage – Validity of marriage depends on various factors i...
Criminal Appeal - Enhancement of sentence for serious sexual offenses against a minor - Appellant challenges leniency in the High Court's sentencing - Consideration of mitigating factors such as the accused's age, caste, and previous incarceration - Gravity of the offense and its impact on the victim emphasized - Sentencing principles applied to balance the rights of the accused with the w...
Quashing of FIR under Section 174-A IPC - Compromise in a case involving a dishonored cheque - Proceedings under Negotiable Instruments Act concluded with withdrawal of the complaint - FIR quashed in line with precedent cases where continuation of proceedings under Section 174-A IPC after withdrawal of the main complaint deemed an abuse of the process of law. [Para 2-13]
Bail Application - The petitioner has filed a bail application under Section 439 of the Cr.P.C. seeking regular bail in a case involving charges under Sections 302, 120-B of IPC, and Sections 27 of the Arms Act. The case pertains to a land dispute that resulted in a fatal shooting. The petitioner has been in custody for over 3 years and 10 months. The delay in concluding the trial violates the pet...
Default Bail - Grant of default bail under Section 167(2) of the Code of Criminal Procedure - Petitioner filed a petition under Section 482 for setting aside an order resulting in miscarriage of justice - Facts involve an FIR registered for carjacking and subsequent arrest of the petitioner - Police did not present the challan within 60 days - Petitioner moved for default bail on the 61st day - Ch...
Appeal against High Court's judgment confirming the conviction and sentence of the accused – Accused convicted under Section 302, 307, 148, 149 of IPC and Explosive Substance Act – Challenge to the correctness of the High Court's order. [Para 1-8]
Delay in Filing FIR – Impact of delay in registering the First Information Report (FIR) – Applicability of ...