Criminal Law – Bail – High Court released the accused on bail at the interim relief stage despite serious charges under the IPC and MCOCA – Supreme Court held that the High Court erred in granting interim relief without considering the gravity of the offenses and the Special Judge’s detailed order refusing bail – Interim bail granted while the writ petition was pendin...
Negotiable Instruments – Dishonour of Cheque – High Court declined to quash the complaint under Section 138 of the NI Act against appellants – Prima facie case established that appellants, directors of the company, were triable for dishonour of cheque – Section 141 of the NI Act stipulates that persons in charge of and responsible to the company for its conduct are deemed g...
Criminal Law - Anticipatory Bail - Acquittal of Co-Accused - Petitioner absconding - Petitioner granted anticipatory bail with direction to surrender before the Magistrate - Held, other accused acquitted after proper trial, but petitioner fled to foreign land shortly after FIR was lodged - Statutory duty of Magistrate to ensure petitioner's presence through Indian Embassy at Qatar - Process im...
Criminal Law – Unlawful Assembly – Appellant convicted under Sections 147, 148, 149, 201, and 302 IPC – Role assigned to appellant was only pointing out the house where the victim was hiding – Testimonies of key witnesses did not implicate appellant beyond this role – Presence of appellant explained by proximity of his house to the incident – Supreme Court held ...
Criminal Law – Post-arrest Bail – Appellant charged with serious offences under IPC, Arms Act, Explosive Substances Act, and UAPA – Charges framed in June 2019, appellant in custody since July 2012 – Trial progress slow with 298 prosecution witnesses – Supreme Court granted bail considering prolonged incarceration and slow trial – Directed State of West Bengal t...
Criminal Law – Rape – Conviction on Sole Testimony – Appellant convicted under Section 376 IPC based on the sole testimony of the prosecutrix – Supreme Court upheld conviction, noting her testimony was consistent, credible, and unblemished – Court reiterated that the sole testimony of a trustworthy prosecutrix is sufficient for conviction, without requiring corroborat...
Criminal Law - Summoning of Additional Accused –Criminal Revision against the order of the Additional Sessions Judge allowing the summoning of additional accused under Section 319 Cr.P.C. – FIR registered following a scuffle between Brahmin and Dalit youngsters – The final report found some accused innocent, but this was not conclusive – The court emphasized that the right ...
Criminal Law – Murder Conviction – Appellant convicted under Section 302/149 IPC for causing fatal injuries to the deceased – High Court reduced the conviction to Section 304 Part II IPC – Supreme Court restored the original conviction, emphasizing the severity of the injuries and the intent behind them [Paras 1-22].
Nature of Injuries – Vital Parts – Evidenc...
Juvenile Justice – Bail Application –Criminal Revision against the order rejecting bail by Principal Magistrate, Juvenile Justice Board – Petitioner a juvenile accused under Sections 148, 149, 302, 120-B IPC and Sections 25(1B)(a), 27(1) Arms Act – Revision allowed – Gravity of the offense is not a criterion to reject bail for a juvenile – Impugned order passed ...
Hostile Witnesses – Credibility – Conviction based on evidence from hostile witnesses upheld – Courts may rely on credible parts of hostile witness testimonies if corroborated by other evidence – The evidence of PW1 and other eyewitnesses was found reliable despite initial hostility [Paras 1-22, 27].
Honour Killing – Hostile Social Norms – Case involved the b...