Regular Bail – Allegations under BNS and POCSO – Bail Granted – Petitioners sought regular bail in connection with FIR alleging harassment of two minor girls aged 13 and 14 under Sections 126(2), 78(1), 79, 352 BNS and Section 12 of POCSO Act – Charge-sheet filed and investigation completed – Petitioners in custody for over four months with no prior criminal record &n...
Criminal Procedure – Anticipatory Bail – Section 18 SC/ST Act – Bar on Applicability – Offences under Sections 3(1)(o), 3(1)(r), 3(1)(s), 3(1)(w)(i) SC/ST Act alleged against respondent, including casteist abuses and assault for voting against accused in assembly election – High Court granted pre-arrest bail holding prosecution exaggerated – Held: Section 18 cre...
Anticipatory Bail – Economic Offences – Involvement in Fraudulent Investment Scheme – Bail Denied – The applicant, a partner in a firm accused of running a fraudulent investment scheme, sought anticipatory bail under Section 482 of the BNSS – FIR revealed a large-scale conspiracy involving collection of over ₹130 crores from investors through false promises – ...
Criminal Law – Conviction under Section 304-A IPC – Sentence Modified – Appellant convicted for causing death by rash and negligent driving and sentenced to two years’ rigorous imprisonment – Appellant did not contest conviction but sought benefit of probation due to mitigating circumstances – Held: Trial Court rightly appreciated evidence for conviction &...
Criminal Law - Appeal Against Acquittal – Principles of Double Presumption – Acquittal Upheld – The State filed an appeal against the acquittal of two accused charged under Sections 394/397/34/411 IPC for assaulting and robbing the complainant – The Trial Court acquitted the accused citing inconsistencies in identification, non-sealing of recovered items, and contradictory ...
Criminal Law - Sanction for Prosecution – Section 197 CrPC – Reasonable Connection Test – Prosecution Against Public Servant Without Sanction Permitted – Appellant, a former Secretary in the Government of Sikkim, challenged prosecution under IPC and Prevention of Corruption Act for acts related to award of contracts – Held: At this stage, the prosecution can proceed w...
Criminal Law - Murder – Common Intention – Section 302 read with Section 34 IPC – Conviction Upheld – Deceased Ram Chandra was attacked with sharp-edged weapons by the appellant and co-accused in broad daylight – The act followed an earlier murder case in which the deceased was assisting the accused's opponents – Held: Common intention to kill was proved thr...
Criminal Law - Delay in Pronouncement of Judgments – Article 21 of the Constitution – Fundamental Right Violated - Inordinate delay of over two years in pronouncement of judgment after conclusion of arguments by the Patna High Court – Held: Delay violates the right to life and liberty under Article 21 – Supreme Court issued mandatory procedural guidelines for High Courts to...
Criminal Revision – Conviction for Negligent Driving – Revision Dismissed – The petitioner was convicted under Sections 279, 304-A IPC and Section 187 MV Act for rash driving that caused the death of a 4-year-old girl – His conviction and sentence were upheld by the Appellate Court – Held: In revision, re-appreciation of evidence is impermissible unless there is gross...
Criminal Law - Maintainability of Second Petition – Abuse of Process – Section 482 CrPC – Petition Dismissed - The petitioner, having earlier challenged his arrest and failed, filed a second petition under Section 482 CrPC seeking quashing of the entire proceedings on similar grounds – Held: Filing successive petitions under Section 482 on same or similar grounds without ch...