Bail in UAPA Case – Continued Incarceration – Bail Granted – Accused facing charges under UAPA and IPC for alleged association with banned organization and money transactions – Appellant incarcerated for over 2 years and 7 months – Only 3 witnesses examined so far – Trial likely to be prolonged – Some co-accused already granted bail – Court finds ove...
POCSO Conviction – Interpretation of Penetrative Sexual Assault – Section 6 POCSO – Conviction Modified – Appellant was convicted under Section 376AB IPC and Section 6 POCSO for allegedly touching private parts of child – Medical evidence and victim’s consistent statements showed no penetration – Held: Offence does not meet threshold for penetrative sexual...
Muddamal—Release of Seized Cash—Section 451 CrPC—High Court erred in directing interim release of ₹50 lakhs to a single claimant without conclusive ownership proof—Courts below rightly held ownership disputed among several victims—SC restores Magistrate and Sessions Court orders—Appeal allowed [Paras 10–12].
Muddamal Release – Section 451 CrPC &...
Negotiable Instruments Act – Cheque Dishonour – Material Alteration – Sections 87, 138, 118(a), 139, NI Act – Cheque issued for ₹7 lakhs returned unpaid for “insufficient funds” – Accused admitted issuing cheque but alleged alteration in account number and limited liability of ₹1.92 lakhs – Evidence (CW1 testimony) confirmed alteration from CD-59...
Criminal Law - Section 138 NI Act - Dishonour of Cheque – Presumption under Section 139 NI Act – Conviction Upheld – Accused admitted issuance and signature on the cheque – Presumption of legal liability under Sections 118 and 139 arose – Accused failed to rebut the presumption by credible defence – Held: Courts below rightly convicted the accused under Section ...
Bail – Prolonged Custody – Allegations under BNS, POCSO Act, and JJ Act – Bail Granted – Appellant, a school principal, accused of sexual offences under POCSO and BNS, was in custody for nearly ten months – Only 7 of 22 witnesses examined – Supreme Court observed no serious incriminating material presently on record and held that further delay in trial justifies...
Homicide – Murder vs. Culpable Homicide – Sections 302 & 304 Part I IPC – Conviction Modified – Appellant convicted under Section 302 IPC for killing his brother-in-law – Evidence showed prior incidents of harassment of appellant’s sister and parents by the deceased – On the day of incident, deceased allegedly attempted to assault appellant with stone ...
Anticipatory Bail – Forged Court Order – BNSS S.215 and Territorial Jurisdiction – Application Rejected – Applicant sought pre-arrest bail in FIR alleging fabrication of a JMFC Pune order used to secure advantage in prior proceedings – Held: Vimantal PS could register/investigate despite territorial objections; S.215 BNSS inapplicable as the forged “order”...
Negotiable Instruments Act – Dishonour of Cheque – Presumption under Section 139 – Effect of signed blank cheque – Accused admitted signature but contended cheque was issued as security and misused – Held: once signature admitted, statutory presumption of legally enforceable debt arises; mere plea of security cheque or filling up of contents by another does not invali...
Negotiable Instruments Act – Cheque Dishonour – Presumption under Ss. 118(a), 139 – Rebuttal – Complainant alleged advancing ₹2,50,000/- loan, cheque dishonoured for “insufficient funds” – Accused admitted issuing cheque but claimed it was blank and misused; pleaded he borrowed only ₹50,000/- and repaid – Complainant’s income shown as ₹20...