Criminal Procedure – Legal Aid – Denial of Effective Assistance – High Court dismissed appeal of accused under NDPS Act in absence of legal aid counsel – Counsel appointed by Legal Aid Committee failed to appear – No substitute counsel or Amicus Curiae appointed – Held: Serious procedural lapse – Accused denied meaningful opportunity of defence – Hig...
Dowry Death – Section 304B IPC – Presumption under Section 113B Evidence Act – Appellant convicted for causing death of wife by poison four years after marriage – Prosecution relied on general allegations of harassment due to infertility and dowry insufficiency – No specific evidence of dowry demand or cruelty “soon before death” – Held: Prosecution ...
Criminal Law – NDPS Act – Remand Extension – Violation of Article 21 – Accused not produced physically or virtually during hearing of extension application under Section 36A(4) of the NDPS Act – Held: Failure to ensure presence of the accused during such hearing constitutes gross illegality and violates fundamental right to fair procedure under Article 21 of the Const...
Criminal Procedure – Inter-State Arrest – Mandatory Protocols – Violation – Directions Issued – Police officials of PS Loni (U.P.) entered Delhi, took custody of petitioner and his wife without prior intimation to local police – No entries made in the Daily Diary – No attempt to obtain arrest or search warrant or follow CrPC procedures – Held: Action...
Criminal Law – Bail – Sections 115(2), 126(2), 351(2), 351(3), 352, 64 of BNS - Sections 3(1)(r), 3(1)(w)(i)(ii), 3(2)(v) of SCST Act - Heinous Offence – Accused No.2 (appellant) allegedly held the victim’s cousin to facilitate rape by co-accused – Offence committed at night after restraining victim and her cousin near railway station – Victim an adolescent girl...
Bail – BNS ss.103(1), 106 & 238 – Hunting misfire; decapitation post-mortem – Prima facie not murder under s.103(1); case falls under s.106; s.238 bailable – Gruesomeness irrelevant to bail where statute makes offence bailable – Bail granted with conditions [Paras 2-3, 11-16, 17-18].
Bail – Parameters for grant – Supreme Court guidance rei...
Criminal Law – Quashing of FIR - Prevention of Corruption – Bribery Allegations – Complaint alleged offer of ₹2 crores and later ₹5 crores to MLA to abstain or vote in MLC elections – FIR registered belatedly on 31.05.2015 based on audio-video recordings of sting operation – Allegations against A4 vague and unconnected to subsequent alleged transaction – A4 ...
Criminal Law – Murder Conviction – Common Intention – Appeal Dismissed – Appellants convicted for murder of Karamatullah based on testimonies of three eyewitnesses (PW-7, PW-13, PW-19) – Trial Court relied on direct and corroborated evidence of assault with knives by both accused persons – High Court held that evidence did not suffer from material discrepancies ...
Terrorism – Bail under UAPA – Section 43D(5) – Prima Facie True Test – Appeal Dismissed – Appellant charged with serious offences under IPC, Arms Act, Explosive Substances Act, and UAPA – NIA alleged active involvement in criminal conspiracy, recce, and recovery of arms – Held: Material collected by NIA indicates prima facie truth of allegations under UAPA...
Matrimonial Law – Maintenance – Minor Husband – Maintainability of Proceedings – Section 125 CrPC – No Bar to Proceedings Against Minor Husband – Husband’s minority at the time of filing of maintenance application under Section 125 CrPC cannot be a ground to hold the proceedings as non-maintainable – Chapter IX of CrPC is applicable independent of pr...