Prevention of Money Laundering – Provisional Attachment – Jurisdiction of ED – Existence of Scheduled Offence – ED’s provisional attachment of Rs. 122.74 crores challenged on ground that allotment of preferential shares and related proceeds not mentioned in FIR or ECIR – High Court held that once scheduled offence (under IPC Sections 420, 120B) is registered and...
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 – 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 – Prevention of Corruption – Bank Fraud – Discharge – Opposite Party, a former bank manager, was discharged by Special CBI Court in a case involving ₹9.14 crore loan fraud – CBI challenged discharge, alleging conspiracy and irregularities in loan sanction – Held: Loan was sanctioned by General Manager based on multiple internal reports including t...
Criminal Law – Murder – Single Blow – Eyewitness Credibility – FIR Delay – Recovery – Appellant (A2) convicted for murder on the basis of consistent ocular testimony of independent temple witnesses (PWs 8 & 9) corroborated by medical evidence establishing homicidal death from a deep penetrating stab wound – Delay in registration and forwarding of FIR h...
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 ...
Criminal Law – Direction to Register FIR – Section 175(3) BNSS – Judicial Cognizance – Trial Court directed police to register FIR on private complaint supported by proof of 17 RTGS transfers totaling ₹63,00,000 allegedly misappropriated by petitioner under guise of “fancy interest” investment – Held: Trial Court rightly found prima facie materials warra...
Criminal Law – Preparation to Commit Dacoity – Sentence Modified – Appellant convicted under Sections 399 and 402 IPC and Section 25 of the Arms Act for participating in armed planning to commit dacoity near Maruti Suzuki premises – Recovery of country-made pistol from the appellant – Trial court sentenced him to 7 years imprisonment – Held: Conviction upheld, b...
Criminal Law – Murder – Dying Declaration – Evidence of Related Witnesses – Conviction Converted – Appellants convicted for murder of informant’s father based on oral dying declarations made to PWs-1, 2, 3 and 5 – Deceased allegedly named appellants as assailants before dying – Trial court convicted under Section 302/34 IPC – High Court found n...