Criminal Procedure – Anticipatory Bail – Scope and Limitations – Section 438 CrPC: The Supreme Court emphasized that when dealing with an application under Section 438 CrPC, the court must confine itself to determining whether the applicant has made out a case for anticipatory bail. Any conditions imposed must be appropriate, apposite, reasonable, and relevant to the scope o...
Criminal Law – Bail Conditions – Proportionality – Bail conditions must have a nexus to the purpose they serve and be proportional – Court emphasized that conditions leading to the deprivation of rights and liberties must be avoided – Blanket prohibition on social media activity deemed disproportionate and violating freedom of speech [Paras 29-30].
Crimin...
NDPS Act – Post-Arrest Bail – Commercial Quantity – Respondent accused of trafficking 50,000 Tramadol tablets (20 kg) – High Court granted bail, ignoring the application of Section 37 of the NDPS Act – Supreme Court quashed the bail order, highlighting the importance of "reasonable grounds" for believing the accused is not guilty and is unlikely to commit an...
Criminal Law – Testimony of Eyewitness – Trustworthiness – Eyewitness testimony found trustworthy and reliable cannot be rejected due to minor contradictions – Conviction upheld despite minor inconsistencies in witness statements [Para 22].
Evidence – Non-Recovery of Weapon – Conviction can be based on ample ocular and medical evidence even if the w...
Criminal Procedure – Anticipatory Bail – Appeal challenging the High Court’s orders which inquired into unrelated matters during the consideration of an anticipatory bail application – High Court exceeded its jurisdiction by involving third parties and overstepping the scope of Section 438 CrPC – Supreme Court set aside the High Court’s orders, emphasizing that ...
Criminal Procedure – Appeal against Conviction – Appellant convicted under Sections 302 and 120B IPC and Section 27(1) of Arms Act – Appeal admitted for final hearing – High Court dismissed appeal for non-prosecution as appellant was absconding – Supreme Court set aside dismissal, holding appeal cannot be dismissed for non-prosecution once admitted for hearing –...
Evidence Act – Section 27 – Discovery of Weapon – Mere discovery cannot infer authorship of concealment by the person who discovered the weapon – Supreme Court emphasized the conditions under Section 27, including that the information must cause discovery and relate distinctly to the discovered fact [Paras A, C-D, 35-42].
Evidence Act – Sections 8 and 27 ...
Culpable Homicide – Not Amounting to Murder – Section 304-II IPC – Appellants convicted for culpable homicide not amounting to murder – No premeditation to commit murder – Assault occurred during a sudden verbal altercation – Weapons (sticks and brick) were picked up from the scene – Single blow inflicted by each accused on the deceased – No unlawful...
Murder – Common Intention – Section 302/34 IPC – Conviction based on the non-cooperation of the accused in a test identification parade – Courts drew adverse inferences without considering the exposure of witnesses to the accused in the police station – Identification parade is part of the investigation and should not be overemphasized – Prosecution must prove t...
Criminal Law – Bail – Rigours of Section 37 NDPS Act – Prima facie evaluation of the evidence suggests doubt about the prosecution's case – High Court’s view that rigours of Section 37 are not applicable upheld [Paras 13-16].
Evidence – Contradictory Statements – Statements of motorcar occupants versus initial complaint by SI create seriou...