Anticipatory Bail – Cryptic High Court Order – Supreme Court Intervention – The petitioner sought anticipatory bail in relation to a 2021 FIR for offences under the Prevention of Corruption Act – The High Court instead of deciding the bail application on merits, adjourned the matter directing the DGP to file an affidavit explaining non-arrest of the petitioner for four year...
Bail under UAPA – Section 43D(5) – Complete embargo unless accusation prima facie untrue – Court examined whether material showed appellant’s role in conspiracy – Only recovery of one pistol, cartridges and Rs.50,000/- cash – No direct evidence of conspiracy – Held: Material insufficient to sustain continued custody [Paras 9-12].
Criminal Conspiracy &nd...
Criminal Law - Cruelty and Dowry Demand – Conviction under Section 498A IPC and Section 4 of DP Act – Conviction Set Aside – The appellant was convicted based on vague allegations of mental and physical cruelty and dowry demands – The complainant failed to substantiate claims with specific instances or medical evidence – No corroborative or independent testimony beyon...
Criminal Law – Attempt to Rape converted to Outraging Modesty – Sections 354/323 IPC – Conviction Set Aside – Trial Court convicted appellant for outraging modesty despite charge under Sections 376/511 IPC – High Court found victim’s evidence inconsistent with FIR, medical records, and Section 164 statement – Hostile witnesses and alternative version of in...
Criminal Law – Murder Conviction – Section 302 IPC – Upheld for Accused No. 4 – Based on testimony of four consistent eyewitnesses who specifically attributed sword blows to the accused – Minor inconsistencies held immaterial – Conviction for murder upheld despite lapses in investigation [Paras 11, 15-16].
Criminal Appeal – Acquittal of Co-Accused &ndas...
Criminal Law – Section 326 IPC – Stabbing with Knife – Conviction Upheld – Appellant convicted for causing grievous hurt by stabbing neighbour in drunken state – Defence argued that witnesses were related and contradictory, no independent witnesses or recovery of weapon – Held: Evidence of injured witness (PW2) and his son (PW1), corroborated by medical officer ...
Criminal Law - Section 21(c), 29, and 52A of the NDPS Act – Clubbing of Contraband Quantity – No Presumption of Conspiracy – Conviction Set Aside – The appellant and co-accused were apprehended together and found with 125g and 130g of heroin respectively – Held: Mere physical proximity does not justify presumption of common intent or conspiracy – No evidence led...
Anticipatory Bail – Allegations of Rape and Sexual Assault – IPC Sections 376(1), 377, 354A – Bail Granted - The appellant, alleged to be a spiritual leader, was accused of sexually exploiting a married woman and others – The FIR was lodged after delay, and the High Court had rejected anticipatory bail – Supreme Court noted earlier grant of interim protection and foun...
Anticipatory Bail – Withdrawal of Previous Applications – Co-Accused Already Granted Bail – Relief Granted - The appellant's anticipatory bail was denied by the High Court solely on the ground that he had earlier withdrawn similar applications – The Supreme Court noted that co-accused were granted bail and had already extended interim protection to appellant – Hel...
Criminal Trial – Transfer of Case – Allegations Against Presiding Officer – Transfer Directed - The petitioner sought transfer of his pending trial from the current Presiding Officer alleging lack of fairness and transparency – The Delhi High Court rejected the transfer plea – On hearing the Special Leave Petition, the Supreme Court invoked its powers to direct the Pr...