Criminal Law – Bail – NDPS Act – Petition for regular bail under Section 439 Cr.P.C. – Recovery of 295 grams of heroin not effected from the petitioner – Petitioner arrested based on the disclosure statement of co-accused – Recovery from petitioner is 35 grams, less than the commercial quantity of 250 grams – Co-accused already granted regular bail –...
Quashing Criminal Proceedings – Inherent Powers of High Court – Section 482 CrPC – The High Court must provide a reasoned and speaking order while quashing criminal proceedings – The ground "no useful purpose will be served by prolonging the proceedings" is inadequate for quashing proceedings when a clear case for the offences alleged is made out – High Cour...
Negotiable Instruments Act - Interim Compensation – Revision petition against order directing interim compensation under Section 143A of the NI Act – Petitioner directed to pay 20% of cheque amount within 60 days – Held, Section 143A empowers Court to order interim compensation up to 20% of cheque amount in summary trial or summons case upon plea of not guilty – Impugned or...
Criminal Law – Cruelty – Appellant convicted under Section 498A IPC for subjecting his wife to cruelty, leading to her suicide – High Court acquitted appellant under Section 304B IPC but confirmed conviction under Section 498A IPC – Supreme Court examined admissibility of deceased’s statements under Section 32(1) of Evidence Act – Held, evidence of deceased wife...
Criminal Law – Rape and Murder – Conviction based on circumstantial evidence – Appellant convicted for the offences punishable under Sections 302 and 376(2)(i) IPC and Section 6 of POCSO Act – Death sentence for the offence under Section 300 IPC punishable under Section 302 IPC commuted to life imprisonment without remission for 30 years – Failure to conduct DNA profi...
Criminal Law – Bail – Grant of Bail – Respondent accused granted bail by the High Court – Appellant, wife of the deceased, challenged the bail order – Supreme Court held that the High Court failed to consider the gravity of the offense, the criminal antecedents of the accused, and the threat to witnesses – Order granting bail was unreasoned and showed non-applic...
Criminal Law – Quashing of Proceedings – The appellant, Rekha Jain, was charged under Section 420 of the IPC. The allegations primarily concerned her husband, Kamalesh Mulchand Jain, who was accused of cheating and dishonestly inducing the complainant to deliver gold jewellery. There were no allegations against Rekha Jain of any inducement or dishonest actions to deceive the complainan...
Criminal Law – Compensation for Unlawful Detention – The appellant was convicted under Section 376 IPC and sentenced to 12 years of rigorous imprisonment. The High Court reduced the sentence to 7 years but the appellant was not released after completing the reduced sentence. He remained in custody for an additional period due to an alleged administrative oversight, which violated his r...
Negotiable Instruments Act – Vicarious Liability – The appellant, a partner of M/s. Global Packaging, was convicted under Section 138 of the NI Act for cheque dishonour, despite the firm not being prosecuted. The Supreme Court held that vicarious liability under Section 141 can only be imposed if the firm is prosecuted as the principal offender. Without establishing that the appellant ...
Criminal Law – Quashing of Proceedings – Money Laundering – Proceedings initiated under PMLA against appellant following seizure of cash and gold by Income Tax Department – Appellant contended no evidence of scheduled offence – High Court dismissed quashing petition – Supreme Court analyzed evidence and procedural lapses, including failure to identify involved b...