Criminal Law - Bail Cancellation – Post-Election Violence – Grave Offences – Bail Revoked - Accused were granted bail by High Court despite serious allegations of violent attack, house vandalism, and attempted sexual assault linked to political vendetta – Supreme Court held that the allegations were grave enough to shake the conscience of the Court and cast doubt on the fai...
Criminal Revision – Conviction Under Sections 465, 471, 409, 120-B IPC – Conviction Upheld - Petitioners convicted by Judicial Magistrate First Class, Ferozepur, for offences involving criminal breach of trust and forgery – Appeals dismissed by Sessions Judge – Revision petitions filed and kept pending for over 16 years – Held: Conviction well-founded based on materia...
Life Imprisonment – No Automatic End at 20 Years – Remission Must Be by Government – Petition Dismissed - The Court clarified that life imprisonment means incarceration for the remainder of the convict’s natural life – Rule 320(A) and Section 57 IPC cannot reduce the sentence to a fixed term – Remission requires specific order under Section 432 CrPC – No i...
Bail Application – Allegations of Sexual Assault by Guardian – Bail Granted – The applicant, a practising advocate and guardian of the alleged victims, was accused under Sections 376, 354, and 506 IPC based on an FIR lodged after a year’s delay – Victims were his daughter and niece, both minors at the time – Court noted inconsistencies in victim statements, no f...
Criminal Law – Appeal Against Dismissal of PIL - Police Encounters – Violation of PUCL Guidelines – 171 Incidents Scrutinised – Appellant alleged systematic failure in compliance with guidelines laid down in PUCL v. Maharashtra – FIRs registered against victims instead of police personnel – Magisterial inquiries and forensic analysis allegedly absent or delayed ...
Cheque Dishonour – Section 138 of the NI Act - Limitation for Sending Demand Notice – Exclusion of Date of Intimation – Notice Held Within Time – The Trial Court acquitted the accused holding that the statutory notice under Section 138(b) was sent on the 31st day after intimation of dishonour – Held: The date of receipt of bank intimation must be excluded while comput...
Criminal Law – Quashing of Charges - Criminal Conspiracy – Framing of Charges – Lack of Evidence – Charges Quashed – Petitioners challenged framing of charges under Sections 120-B, 420, 468, and 471 IPC for alleged forgery of donation receipts – High Court found no prima facie evidence showing any dishonest intention or specific role attributed to petitioners &n...
Criminal Law - Essential Commodities Act – Unauthorized Transport of Rice – Conviction Upheld – Appeal Partly Allowed – Appellant found transporting 23.41 quintals of rice without valid license – Prosecution proved violation of Para 3 of W.B. Rice and Paddy Control Orders – Trial Court rightly convicted appellant under Section 7(i)(a)(ii) of EC Act – High ...
Criminal Law - Dishonour of Cheque – Section 138 NI Act – Conviction Justified – Cheque issued for Rs. 5,20,000 as part payment of existing liability – Dishonoured for insufficient funds – Legal notice issued but no reply or payment made – Trial Court and Appellate Court rightly convicted the accused and sentenced him to two months’ simple imprisonment wit...
Criminal Law – Quashing of FIR – Allegations of Sexual Harassment and Intimidation – Petition Dismissed – Petitioner sought quashing of FIR under Sections 354, 354A, 506 IPC, alleging false implication by his niece-in-law – The Court noted that FIR disclosed specific acts of molestation and intimidation occurring over a sustained period – Held: Allegations, if t...