Default Bail - UAPA – Extension of Custody – Section 43D(2) – Default Bail Refused – Appellant challenged extension orders of 24.02.2024 and 26.02.2024 and rejection of default bail on 11.03.2024 – Contended that trial court acted mechanically, without individualised assessment, and that investigation was substantially complete – Held: Public Prosecutor’s ...
Criminal Law - Murder – Section 302/34 IPC – Common intention – Conviction partly upheld – Principal assailants identified by multiple eyewitnesses including injured witnesses – Court finds Moijuddin, Faijuddin and Latif restrained the deceased while Maynul delivered the fatal Ramdao blow on the nape of the neck – Held: Conviction under Section 302 read with Sec...
Criminal Law – Culpable Homicide Not Amounting to Murder – Conviction – Accused No. 2 to 6 convicted under Sections 147, 323/149, 342, 304(ii)/149 IPC – Trial Court sentenced them to various terms including 7 years RI under Section 304(ii)/149 IPC – High Court found that the prosecution proved the unlawful assembly and assault that led to the death of the victim Ram R...
Maintainability of Appeals – Jurisdiction of High Court under Land Grabbing Act – Special Courts Abolished – Appeals Not Maintainable - The batch of Land Grabbing Appeals challenged various orders of Special Tribunals constituted under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 – The issue arose whether appeals originally maintainable before the Special Court ...
Criminal Law - Dowry Harassment – Appeal Against Conviction under Section 498-A IPC – Reversed – The appellant, mother-in-law of the deceased, was convicted under Section 498-A IPC while co-accused (father-in-law and brother-in-law) were acquitted – Held: Conviction based solely on vague and uncorroborated testimony of interested witnesses (mother and brother of deceased) w...
Criminal Revision – Maintainability Without Surrender – Permissible – Petitioner convicted under Section 420 IPC and sentenced to 3 years RI challenged concurrent findings of guilt without surrendering – Held: In absence of specific High Court Rule mandating surrender, revision petition and application for suspension of sentence are maintainable even if convict has not surr...
Criminal Law – Quashing - Income Tax – Section 276C(1) of the IT Act – Complaint quashed – Settlement Commission granted immunity from penalty but not prosecution due to pendency of criminal proceedings – Held: In absence of wilful concealment and considering that the Settlement Commission accepted disclosure without suppression, prosecution cannot be sustained &ndash...
Bail – SC/ST Act – Deprived Scheduled Caste Accused – Applicability of Act in Question - Appellant sought bail contending he also belonged to Scheduled Caste and was not individually attributed with caste-based insult – Held: Appellant belongs to Khatik caste (notified as Deprived Scheduled Caste), and no specific role or caste abuse attributed to him – Applicability ...
Criminal Law - Bail Cancellation – Sections 143, 147, 148, 120(B), 201, 302 Of IPC - Threat to Witnesses – Interference with Trial – Bail Cancelled – The prosecution sought cancellation of bail on grounds that Accused No.9 threatened PW.10 (approver), PW.30, and PW.40 – The Court accepted that there was prima facie evidence of threats, based on call records, witness e...
Criminal Law – Quashing of FIR – Section 420 IPC – Prima Facie Allegations Established – Petition Dismissed – Petitioner, formerly Credit Manager with a finance company, challenged FIR alleging fraudulent loan sanction for a slum property – FIR detailed petitioner’s active role in approval process, despite knowing that loan violated internal norms – ...