Murder – Cancellation of Bail – High Court granted bail to the accused without adequate reasoning – Accusations are serious, involving murder and attempted murder – High Court’s orders set aside – Respondent to surrender [Paras 1-32].
Grant of Bail – Judicial Discretion – Courts must consider the nature of accusations, severity of punishment, and ...
Criminal Procedure - Concurrent vs. Consecutive Sentences – Petition under Section 482 CrPC challenging the trial court’s order directing sentences to run concurrently – Petitioner convicted under Section 302 IPC and Section 25 Arms Act – Life imprisonment under Section 302 IPC and two separate 5-year sentences under Section 25 Arms Act – Section 31 CrPC allows Court ...
Criminal Law – Murder Conviction – Prosecution's burden to prove guilt beyond a reasonable doubt – Conviction based on interested and related witnesses' testimony – Court found inconsistencies in the prosecution's case, including discrepancies in witness statements, the manner of arrests, and lack of independent corroboration – High Court erred in confirmi...
Rape and Murder of Minor – Death Penalty – Appellant convicted of rape and murder of a 3-year-old girl – Trial court and High Court confirmed death penalty – Supreme Court commuted death penalty to life imprisonment – Emphasized duty to consider possibility of reformation and rehabilitation – Appellant's young age, lack of criminal antecedents, and satisfact...
Dowry Death – Quashing of Chargesheet – FIR named multiple family members without specific allegations – Appellants (brother-in-law and mother-in-law of the deceased) had alibis, with the brother-in-law at work 40 km away at the time of the incident – Postmortem revealed asphyxia as cause of death with no external injuries except ligature mark – High Court's order...
Criminal Breach of Trust by Public Servant – Proof of Entrustment – Section 409 IPC pertains to criminal breach of trust by a public servant – Prosecution must prove that the accused was entrusted with the property and dishonestly misappropriated or used it – Mere retention of property without misappropriation does not constitute criminal breach of trust – Essential i...
Appeal in Case of Acquittal – Section 378 CrPC – State’s right to appeal against acquittal – Appellate Court's duty to consider whether the trial court’s decision is plausible and possible – Double presumption of innocence for acquitted persons – Importance of the trial court's advantage of observing witnesses in person – High Court must unde...
NDPS Act – Bail – Recovery of psychotropic substances – Seizure of 137,665 tablets collectively weighing approximately 90 kg from four locations – Confessional statements recorded under Section 67 of NDPS Act held inadmissible in trial as per Tofan Singh v. State of Madras [2021] 4 SCC 1 – Absence of clarity on quantitative analysis of samples – Prosecution&rsqu...
Narcotic Drugs and Psychotropic Substances Act – Recovery of Contraband – Accused found guilty of possessing 900 grams of smack – No incriminating substance recovered during personal search – Defence of false implication rejected – Appeal dismissed; conviction and sentence upheld [Paras 1-18].
Procedure under NDPS Act – Compliance with Section 50 – Argu...
Criminal Law – Bail – Proper Exercise of Judicial Discretion – Appeal against bail orders granted by High Court for serious offenses including murder and use of firearms – High Court’s orders set aside due to lack of detailed reasoning and failure to record satisfaction for granting bail – Emphasizes necessity of reasoned decisions in bail matters, particularly ...