Anticipatory Bail – Theft of Judicial File – Disclosure Statement by Co-Accused – Bail Granted - FIR was filed alleging theft of a judicial file involving multiple co-accused – Appellant was not named in FIR but implicated through co-accused's disclosure – High Court denied anticipatory bail – Supreme Court noted appellant had joined investigation and that t...
Criminal Law – Bail - PMLA – Sanction under Section 197 CrPC – Cognizance Quashed – Bail Granted - The appellant, a retired civil servant, challenged his arrest under Section 3 of the PMLA citing that cognizance was wrongly taken without sanction as required under Section 197 CrPC – High Court quashed cognizance for lack of sanction – Supreme Court noted that no...
Criminal Law - Attempt to Murder – Intention and Knowledge Sufficient – Conviction under Section 307 Restored - Respondent, a constable, fired multiple shots from an AK-47 rifle at fellow jawans after a mess dispute on Diwali night – One constable sustained four grievous bullet wounds – Supreme Court held that intention and knowledge to cause death can be inferred from weap...
Murder of Family Members – Conviction Upheld – Death Sentence Commuted – Appellant convicted for murder of his wife, parents, and minor son – Trial court awarded death penalty – High Court confirmed guilt based on eyewitnesses (PW-1 & PW-2), medical, ballistic and FSL evidence – However, death penalty commuted to life imprisonment for 20 years actual incarce...
Criminal Law – Quashing Of FIR - NDPS Act – Absence of Contraband in Forensic Report – FIR Quashed – Petition Allowed - Petitioners were booked under Sections 8/22 & 29 NDPS Act for alleged possession of 3.376 kg of Mephedrone (MD) – FSL reports (both initial and control sample recheck) confirmed the seized substance was a neutral material and did not contain any ...
Criminal Law - Rape and Abduction – Appeal Against Conviction - Credibility of Victim – Conviction Upheld – The appellant was convicted under Sections 342, 366, and 376(1) IPC for unlawfully restraining, abducting, and raping an 18-year-old – The High Court found the victim’s testimony cogent, consistent, and supported by medical evidence and corroborative testimony &...
Criminal Law – Murder - Circumstantial Evidence – Death of Son Allegedly Caused by Father – Conviction Upheld – The Court dealt with whether the death of the son was homicidal or suicidal – Held: Gunshot residue found on the right hand of the accused, who was right-handed, and false statements made by him attempting to portray the death as a suicide by screwdriver wer...
Criminal Law – Quashing - Banking Dispute – Commercial Nature – One Time Settlement with Bank – Proceedings Quashed - Dispute between the appellants and Bank of Maharashtra was settled through a negotiated compromise, resulting in a "No Dues Certificate" and repayment exceeding principal loan amount – Held: Nature of dispute was civil/commercial, not crimina...
Criminal Law - Public Way – Unlawful Construction – Section 133 CrPC – Order for Removal Upheld - Petitioners challenged orders directing demolition of a wall built on public land used as a pathway – Held: Wall obstructed traditional public way; even partial obstruction warrants removal under Section 133 CrPC – Construction found unjustified and detrimental to public ...
Criminal Law - Sections 498-A and 306 IPC - Suicide – Abetment Not Proved – Acquittal Upheld – No Instigation or Active Role by Accused - The deceased allegedly committed suicide by self-immolation after claimed harassment by in-laws and husband – Court found no proximate evidence of instigation or mental cruelty triggering the act – Accused had been residing separate...