Criminal Law – Circumstantial Evidence – Conviction based solely on circumstantial evidence requires a conclusive chain of circumstances – The last seen theory, arrest of the accused, recovery of material objects, and call details do not conclusively establish guilt – Conviction based on probabilities and inferences drawn from call records inadmissible without proper certif...
Criminal Law – Restoration of Dismissed Complaint – Jurisdiction of Magistrate – Petition against order of JMFC allowing the restoration of a complaint dismissed for non-prosecution. Held, once a case is finally decided, the Court becomes functus officio and lacks the power to review or recall the order on any ground. The restoration order is set aside as illegal. [Paras 1-18]
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Criminal Law – Furlough – Appellant serving life imprisonment for the remainder of his natural life without remission or parole sought furlough – Rejection based on the presidential order restricting remission and parole – Supreme Court held that the right to seek furlough is independent of the restrictions on remission and parole – Directed authorities to reconsider ...
Criminal Law – Bail – Organized Smuggling and Terrorism – Petitioner denied bail in case involving smuggling of 236.622 kg of Heroin – Prosecution's case based on interception of Pakistani boat and involvement of petitioner as recipient – Appeal against High Court order denying bail dismissed – Supreme Court emphasized seriousness of offenses and prima facie...
Criminal Law – Definition of Gang and Gangster – Appellant accused of being part of a conspiracy involving a single crime – Court held that even a single crime committed by a 'Gang' suffices under the Gangsters Act – Definitions under Section 2(b) (Gang) and Section 2(c) (Gangster) of the Act are inclusive and broad, encompassing those who abet or assist in gang act...
Criminal Law – Quashing of Complaint – Pre-trial Stage – Appellant sought quashing of the summoning order under Section 482 CrPC on the grounds that the cheques were issued as security and not for a legally enforceable debt – Supreme Court held that quashing of complaints at a pre-trial stage should be approached with caution – Legal presumption under Section 139 of t...
Criminal Law - Multiple FIRs for Same Offence – Petition under Section 482 CrPC for quashing of second FIR – Second FIR registered under Sections 379 and 411 IPC for the same theft and recovery incident – Held, filing of the second FIR is impermissible as the incident and occurrence are the same – Two FIRs can subsist only if there are two rival versions in respect of the s...
Criminal Procedure - Default Bail – Section 167(2) Cr.P.C. – Appeal against the denial of default bail – Challan presented within the statutory period but alleged to be incomplete due to lack of sanction under the Explosive Substances Act – Held, sanction obtained and submitted before filing the application for default bail – Challan considered complete – No ent...
Criminal Law – Voluntarily Causing Hurt by Dangerous Weapons – Appellants were convicted under Section 324 IPC and Section 27 of the Arms Act for causing injuries using firearms. High Court modified the conviction from Section 307 IPC to Section 324 IPC, affirming the use of firearms. Conviction under Section 27 Arms Act was confirmed. Arguments concerning lack of evidence for firearm ...
Criminal Law – Cancellation of Bail – The appeals arise from the High Court's orders granting bail to the accused-respondents, who are charged with multiple offenses including murder under Sections 143, 147, 148, 341, 307, 302, and 395 IPC. The Supreme Court scrutinized whether the High Court considered relevant material, the gravity of the offense, and societal impact before grant...