Criminal Procedure Code (Cr.P.C), Section 439 – Regular Bail – Murder and Related Offences – Conspiracy – Circumstantial Evidence – Accused allegedly involved in the murder of the deceased due to a previous quarrel – Missing person’s motorcycle found near a railway track – Alleged railway accident leading to the death of the deceased – Deceased...
Bail - Constitutional Law – Personal Liberty – Arrest – Necessity for justification – Arrest and detention in police lock-up causing harm to reputation and self-esteem – Arrest cannot be made in a routine manner on a mere allegation of offense – Justification required for arrest apart from the power to arrest – Arrest to be avoided if reasonable satisfacti...
Contempt of Court – Allegation of willful disobedience of an order granting anticipatory bail – Addition of further offenses during investigation – Arrest of the petitioner – Violation of a previous judgment – Petitioner’s bail applications subsequently dismissed – Respondents contending proper procedure was followed – Petitioner’s counsel argu...
Criminal Procedure Code, 1973 - Anticipatory Bail - Interim Protection - Contradictory Orders - Self-contradictory order passed by the learned Single Judge of the High Court - Grant of anticipatory bail rejected while simultaneously providing interim protection to the respondents for two months - Appeal against such order - Held, the High Court erred in granting interim protection after denying an...
Criminal Appeal against conviction and sentence - Appellant acquitted of offense under Section 366 IPC - Conviction under Section 6 of the POCSO Act affirmed but sentence reduced - Appeal filed challenging the conviction and sentence. Kidnapping and sexual offenses alleged - Victim's statement contradicts prosecution's case - Victim's statement under Section 164 Cr. PC states that she ...
Bail application – Money laundering case – Involvement in fraudulent activities of a company – Application seeking bail in a case related to money laundering and fraudulent increase of inventory in a company – Applicant alleged to have aided in the diversion of loan funds and fraudulent activities – Charges under the Prevention of Corruption Act and IPC – Applic...
Criminal Appeal - Conviction and Sentencing - Rape and Murder of a Minor - Commutation of Death Penalty to Life Imprisonment - Aggravating and Mitigating Circumstances - Applicability of Death Penalty - Principles Governing Imposition of Death Sentence - Reference to Previous Cases - Proportionality Principle. [Para 1-58]
Conviction - Multiple Offences - Sections 363, 302, 201 of IPC,...
Criminal Appeal – Appeal against conviction under Section 302 of IPC – Accused-appellant challenges his conviction for intentional firing resulting in the death of a constable – Accused-appellant claims accidental firing – High Court confirms conviction – Appeal filed in Supreme Court. (Para 1)
Factual Background – Appellant was a guard at a police station &n...
CRIMINAL APPEAL– ACQUITTAL - Central Bureau of Investigation (CBI) as the appellant – Shyam Bihari & Others as the respondents – Appeal against the judgment and order of the High Court of Uttarakhand at Nainital dated 26.07.2012 – Delay in preferring the appeal condoned – Application seeking leave to appeal rejected – Acquittal of the accused by the trial co...
Bail application under Section 439 of Cr.P.C. – Applicant seeking regular bail in FIR No. 136/2012 registered at PS Economic Offences Wing (EOW) – Allegations of fraud and misappropriation of funds against the accused – Accused not named in the FIR - Applicant arrested based on his association with the financial company M/s. B.P. Jewellers Pvt. Ltd. And M/s. Money Bhandar –...