Criminal Law – Bail – MCOCA and UAPA - Prolonged Incarceration – Constitutional Rights – Terror Case – Appellant accused of providing shelter to co-accused in 13/7 Mumbai bomb blasts – In custody for over 13.5 years – Trial commenced in 2021, only 167 out of 400 witnesses examined in over 4.5 years – Court held that indefinite pre-trial detention vio...
Criminal Law – Cheque Dishonour – Appeal Against Acquittal – Appellant/complainant alleged supply of export garments worth ₹24.20 lakhs to accused partnership firm – Two cheques (₹2,37,785/- total) issued by accused were dishonoured for insufficient funds – Trial Court convicted all three accused under Section 138 NI Act – Lower Appellate Court acquitted acc...
Criminal Law – Corruption – Discharge – Prevention of Corruption Act – Accused public servants (Chairman and General Manager, HLL Lifecare Ltd.) alleged to have entered into criminal conspiracy with private party (M/s Rama Shipping Services) in awarding contract for export of iron ore – Advance of ₹2 crore released without bank guarantee, contrary to earlier agreeme...
Criminal Law – Quashing - Rape – Consent obtained on false promise of marriage – Applicant sought quashing of charge-sheet under Section 376 IPC on ground that relationship with victim was consensual and based on mutual love – FIR alleged repeated sexual acts on assurance of marriage by applicant and his family’s approval – Victim’s statements under Sectio...
Criminal Procedure – Section 482 CrPC – Inherent Powers – Witness Examination via Video Conferencing – Material witness (PW-46), a 79-year-old foreign national with health issues and threats to safety, sought to be examined by CBI through video conferencing – Trial Court rejected plea citing VC Rules and risk to secrecy under Official Secrets Act – Held: Section...
Criminal Law – House Trespass – Assault with Firearm – Conviction – Appellant convicted under Sections 452, 324 and 506(ii) IPC for unlawfully entering complainant’s residence at night and threatening with a country-made pistol – Prosecution established recovery of firearm, live and fired cartridges – Eyewitness accounts by daughter (PW-2) and complainant ...
Criminal Law – Dowry Death – Presumption under Section 113B – Deceased woman committed suicide within two years of marriage – Evidence by father, mother, brother, and village elder established harassment for dowry of gold and cash – Elders mediated but harassment continued – Held: Death occurred soon after continued cruelty and demand – Presumption under S...
Criminal Law – Rash and Negligent Driving – Probation – Applicability of Section 4 of the Probation of Offenders Act – Petitioner convicted under Sections 279, 337, 338 & 201 IPC for rash and negligent driving causing injury – Lower courts sentenced him to imprisonment and fine – In revision, convict sought release on probation citing good conduct, family ci...
Criminal Law – Anticipatory Bail – Limited Role – Parity – FIR for offences under BNS, POCSO Act, and Prohibition of Child Marriage Act – Allegation against appellant limited to driving the vehicle – Other co-accused granted bail – High Court rejected anticipatory bail – Held: Appellant had no overt act vis-à-vis victim – Anticipatory ba...
Anticipatory Bail – Forged Judicial Summons – Circulation via WhatsApp – Petitioner sought pre-arrest bail in FIR alleging conspiracy with co-accused to create and circulate forged summons purporting to be issued by Court of Additional Sessions Judge, Hisar, demanding ₹10 lakh as “maintenance” – Co-accused’s disclosure and recovered WhatsApp screenshots ...