Bail and Surety Bond Forfeiture – Unwarranted Issuance of Non-Bailable Warrants – The trial court's mechanical issuance of non-bailable warrants against the appellant, Major Singh, on account of his single absence on 20.12.2022, challenged – Petitioner contends violation of procedure prescribed under CrPC Sections 73, 82, and 446. [Paras 3, 6-7, 9, 13, 27, 29-30]
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Criminal Procedure – Default Bail – Prosecution's Failure to File Challan – Revision petition against denial of default bail under Section 167(2) Cr.P.C. and Section 36A(4) NDPS Act – Petitioner arrested with 1 kg 800 grams of charas – Investigation not completed within 180 days – Extension of 90 days granted but later set aside – Petitioner entitled t...
Criminal Law – Appeal against Conviction – Delay in FIR – Valid reasons for delay in reporting matter to police recorded by Trial Court – Injuries to complainant and parents established by medico-legal reports – Conviction upheld – Appellants ordered to undergo probation for one year due to the long duration of trial. [Para 11-13]
Minor Injuries to ...
Criminal Law - Offences under sections 447 and 419 of the Indian Penal Code - Compoundable nature of offences - Tendering of unqualified apology by the appellant - Satisfaction expressed by the complainant - Closure of proceedings - Discharge of appellant. (Paragraphs 5, 7, 10, and 11)
Criminal Procedure - Application for discharge - Partial allowance - No ground for framing charges under secti...
Criminal Law - Appeal - Conviction and sentence - Quashing of conviction and sentences imposed on appellant - Heinous nature of crime - Rape and murder of a six-year-old child - Court finding multiple irregularities, contradictions, and gaps in prosecution's case and investigation - Failure to establish guilt beyond reasonable doubt - Irregularities in investigation, including changing of inve...
Criminal Appeal - Quashing of charge-sheet and criminal proceedings - Appellant challenged the dismissal of his application seeking quashing of the charge-sheet and pending criminal proceedings - Allegations of verbal abuse and physical assault - FIR registered under IPC and SC/ST Act - Appellant claimed he was also beaten and his FIR was not initially registered - Second FIR filed against the com...
Criminal Procedure Code, 1973 – Sections 227, 239 – Discharge of accused – Scope – At the stage of hearing on the charges, entire evidence produced by the prosecution is to be believed – Accused can be discharged only if no offence is made out – Truthfulness, sufficiency, and acceptability of the material produced can be evaluated only at the stage of trial &nda...
Criminal proceedings - Quashing of - Power of High Courts under Section 482 of the Criminal Procedure Code (Cr.P.C.) - Exercise of power to prevent abuse of process of any Court or to secure ends of justice - Powers to be exercised sparingly and with caution - Clear case of abuse of process of law must be made out by accused - Guidelines laid down for exercise of powers of quashing in the case of ...
Criminal Appeal - Conviction under Section 304 Part II, IPC - Discrepancies in prosecution evidence - Variance in witness statements - Corroborative testimonies - Medical evidence - Defence version - Appellant convicted by High Court after acquittal by Trial Court - Appeal challenged on grounds of inconsistencies in evidence, non-consideration of defence witness, and passage of time - Held, minor ...
Criminal Law - Bail - Regular bail under Section 439 Cr.P.C. - Grant of - Petitioner arrested in a case registered under Sections 22/61/85 of the NDPS Act, 1985 - Petitioner alleged to be transporting contraband substance - Petitioner's counsel contended that the bottles were being transported between licensed seller and purchaser with valid documentation - Petitioner a first-time offender and...