Criminal Law – Extension of Investigation Period – Default Bail – The petitioners challenged the trial court’s order granting a two-month extension for the completion of the investigation and filing of the final report under Section 36A(4) of the NDPS Act, 1985, without issuing notice to the accused. The court held that even though the proviso to Section 36A(4) does not spe...
Criminal Law – Anticipatory Bail – Appeal against the High Court’s order granting anticipatory bail to the respondent accused of sexually assaulting his 12-year-old niece – Supreme Court held that the High Court erred in granting anticipatory bail given the seriousness of the allegations and the statutory presumptions under Section 29 of the POCSO Act – Observations m...
Prisoners' Rights - Temporary Release - Furlough - Petition denied furlough due to being labeled a "hard-core prisoner" and potential crime risk - Court held that mere likelihood of committing a crime is insufficient to deny furlough - Authorities can impose stringent conditions to prevent such events. [Para 17]
Legal Rights of Prisoners - Fundamental Rights and Rehabili...
Preventive Detention – Right to Representation – Legibility of Documents – High Court set aside the detention orders on grounds of failure to supply legible copies of documents relied upon by the detaining authority – Supreme Court upheld that this failure violated the detenu's fundamental right under Article 22(5) of the Constitution – Appeal dismissed – Or...
Anticipatory Bail - Repeated Petitions - Clear Role in Grievous Injury - Second petition for anticipatory bail dismissed - Petitioner caused grievous injury with a Kirpan - CCTV footage not conclusive - Number of persons collectively caused injuries - Injury punishable under Section 326 IPC - Petitioner does not deserve anticipatory bail. [Paras 9-10]
Repeated Petitions - Circumstance...
Penal Code 1860 (IPC) – Murder – Acquittal – Discrepancies and inconsistencies in the prosecution witnesses' evidence – Material contradictions noted in testimonies – Convictions and sentences set aside – Appeals allowed [Paras 1-62].
Discrepancies in Evidence – Vital discrepancies in prosecution's witnesses – Testimonies failed ...
Defamation – Private Complaint by Minister/Public Servant – Special procedure under Section 199(2) CrPC does not eclipse general procedure under Section 199(6) – Public servant's right to file individual complaint preserved – Appeals concerning procedural objections dismissed [Paras 41-56].
Tweets and Defamation – Statement “your answer will dis...
Murder – Non-recovery of Weapons – Non-recovery of weapons does not discard the evidence of injured eye witnesses – Conviction under Sections 302 and 149 IPC upheld – Appeals dismissed [Paras 1-22].
Unlawful Assembly – Common Object – Ten individuals assembled with firearms and lethal weapons – Violence and the ultimate act leading to murder i...
Criminal Procedure - Bail Cancellation - Non-Appearance - Bail cancelled and petitioner declared proclaimed offender due to non-appearance - Petitioner claimed non-appearance due to lack of communication - Household lady not conversant with court proceedings - Bail restored with conditions. [Paras 3-5, 12]
Leniency in Bail Matters - Ensuring Presence for Trial - Analysis - While petit...
Murder – Acquittal – Absence of weapon recovery not a ground for acquittal – Eye witness testimony sufficient to convict – Contradictions in FIR timing not substantial – High Court's acquittal quashed and Trial Court's conviction restored – Respondents directed to surrender [Paras 1-10].
Eyewitness Testimony – Sole reliance on credible...