Criminal Procedure - Summoning of Accused - Exercise of Power under Section 319, Cr.P.C. - Discretionary Power - Evidence showing involvement of person in crime - Sibling of accused implicated in assault and abuse - Appellant not named in FIR - Special Court forming requisite satisfaction - Order affirmed by High Court - Challenge to summoning order - Held, evidence of complainant and his wife jus...
Prisoners - Temporary release on parole - Rejection of application - Grounds for rejection - Apprehension of engaging in illegal activities and breach of peace - Insufficient grounds - Mere conjectures and surmises - Violation of statutory provisions - Unsustainable order. [Para 17]
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 - Section 6(2) - Conditions for rejecting parole - Li...
Criminal Procedure Code, 1973 - Anticipatory Bail - Allegations of bribery - Petitioner seeking anticipatory bail in a case arising out of an FIR - Complainant alleged that the petitioner, a government official, demanded a bribe for clearing pending bills - Co-accused caught red-handed accepting the bribe - WhatsApp messages and CCTV footage indicating petitioner's involvement - Petitioner'...
Rejection of application for temporary release on parole - Insufficiency of grounds - Violation of statutory provisions - Granting parole based on likelihood to endanger security of the State or maintenance of public order - Apprehensions without supporting material - Unsustainable order
Prisoners - Temporary release on parole - Rejection of application - Grounds for rejection - Apprehension of...
Regular Bail - Grant of - Violation of principles laid down in Arnesh Kumar vs. State of Bihar and Satender Kumar Antil vs. Central Bureau of Investigation - Non-issuance of notice under Section 41-A Cr.P.C. - Mandate of compliance with Sections 41 and 41-A Cr.P.C. - Non-compliance entitles accused for bail - Dereliction on the part of Investigating Agency - Grant of regular bail warranted. (Para ...
Bail application - Grant of bail - Serious offense of kidnapping for ransom - Sections 364A, 365, 342, 323, 506, 120B, 34 IPC - Petitioner, a young man with no criminal antecedents, seeks regular bail in a case registered under various sections of the IPC - Prosecution alleges that the petitioner kidnapped the victim for ransom - Bail denied by lower court - Petitioner claims discrepancies and gap...
Narcotic Drugs and Psychotropic Substances (NDPS) Act - Conviction under Section 22(c) - Appeal against - Appellant charged with possession of contraband - Seized items included heroin, injections, and syringes - Trial court convicted the appellant and imposed sentences of imprisonment and fine - Appellant challenged the verdict and sentences on grounds of misappreciation of evidence - A...
Quashing of FIR – Petition filed for quashing FIR No. 129/2021 registered under Section 363 of IPC – Cognizance taken under Sections 366, 376, 376(2)(n), Section 5(1)(j)(ii), and Section 6 of The POCSO Act – Petitioner and victim married and have a child – Victim’s statement recorded under Section 164 of Cr.P.C. stating marriage and consensual physical relationship &n...
Section 313 of the Criminal Procedure Code (Cr.P.C.) - Examination of the accused - Circumstances not put to the accused during examination under Section 313 - Exclusion from consideration - Principles of natural justice - Opportunity to explain incriminating material - Judgments referred to in support - Sharad Birdhichand Sarda Vs. State of Maharashtra and Sujit Biswas Vs. State of Assam - Accuse...
Anticipatory Bail - Cancellation - Non-cooperation with investigation - Respondent High Court canceled the anticipatory bail granted to the petitioner on grounds of non-cooperation with the investigation and failure to respond to the Investigating Officer's calls - Supreme Court declined to interfere with the impugned orders passed by the High Court, upholding the cancellation of anticipatory ...