Background and Arrest – Appellant Mubeen Kadar Shaikh implicated in multiple FIRs following the Delhi bomb blasts on September 13, 2008 – Arrests followed disclosures by other arrested individuals and recovery of evidence including laptops and communication equipment allegedly used in the orchestration and execution of the bomb blasts – Email sent prior to blasts claimed responsi...
Bail Application – Second Attempt – Rejection of First Application and RenewalThe petitioner, Ashok @ Mulla Ram, filed a second bail application under Section 439 Cr.P.C., after his first application was rejected. The renewal was made possible after the recording of statements from the Investigating Officer and other witnesses. [Para 1-2]
Search and Seizure – Compliance with N...
Default Bail - Petitioner seeks to set aside/modify an order granting interim bail under Section 167(2) CrPC - Case involves recovery of MDMA - Petitioner applied for default bail after 196 days in judicial custody due to non-filing of charge-sheet - Impugned order granted interim bail till filing of FSL report and challan - Petitioner contends that Section 167(2) does not allow for interim bail -...
Appeal and Background – Criminal Appeal under Section 374 Cr.P.C. challenging the trial court’s conviction of appellant under Section 306 IPC for abetting the suicide of his mother by allegedly providing her with a lighter – FIR was lodged based on the statement of an eyewitness, leading to charges under Sections 306/114/120B IPC – Trial court relied primarily on the testim...
Murder - Criminal Appeal – Challenge to the Judgment of the Trial Court – Conviction of the appellants – Evaluation of evidence – Role of injured witnesses – Assessment of material omissions and contradictions – Conviction upheld for appellants, except for accused Datta. [Para 10-24]
Delay in FIR – Allegation of inordinate delay in registering the FIR &...
Criminal Procedure – Quashing of Proceedings – Section 482 Cr.P.C. – Application to quash charge sheet, cognizance order, and entire proceedings under IPC and SC/ST Act – Applicants argued delay in FIR filing and lack of proper investigation – Court held prima facie case exists based on charge sheet and cognizance order – No grounds for quashing established &nda...
Criminal Law – Conviction under Sections 364-A, 342, 307 r/w.511, 506(ii) IPC – Appeals partially allowed by High Court – Challenge against trial court’s decision convicting accused for abduction for ransom, wrongful confinement, attempt to murder, and criminal intimidation – Court found prosecution failed to establish threat to cause death or hurt to secure ransom &n...
Detention Order and Background – Petitioner, previously involved in three cases under the NDPS Act and various IPC matters, challenges the legality of his detention order – background includes previous acquittal and ongoing trials where the petitioner is either bailed or acquitted [Paras 3-7].
Authority’s Justification – Detaining authority’s order emphasized ongoi...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Conviction and Sentence – Criminal Revision – Petitioner issued a cheque to the complainant, which was dishonoured due to “Account Closed” – Contention that the cheque was issued as surety for a debt owed by her husband – No legally enforceable debt directly between petitioner and...
Acquittal Appeal - Presumption under Negotiable Instruments Act - Burden of proof - Rebuttal of presumption - Appeal challenging judgment and order of acquittal under Section 378 of the Criminal Procedure Code (Cr.P.C.) - Complaint filed under Section 138 of the Negotiable Instruments Act (NI Act) for dishonor of cheque - Complainant alleged default in loan repayment by accused - Cheque issued tow...