Criminal Revision – Conviction Under Sections 465, 471, 409, 120-B IPC – Conviction Upheld - Petitioners convicted by Judicial Magistrate First Class, Ferozepur, for offences involving criminal breach of trust and forgery – Appeals dismissed by Sessions Judge – Revision petitions filed and kept pending for over 16 years – Held: Conviction well-founded based on materia...
Criminal Law - Bail Cancellation – Post-Election Violence – Grave Offences – Bail Revoked - Accused were granted bail by High Court despite serious allegations of violent attack, house vandalism, and attempted sexual assault linked to political vendetta – Supreme Court held that the allegations were grave enough to shake the conscience of the Court and cast doubt on the fai...
Criminal Law - Bail Application – NDPS Act – Section 37 Bar – Stringent Compliance Required – Petitioner accused of active involvement in organized narcotic syndicate – Court emphasized strict application of twin conditions under Section 37 for grant of bail – Reasonable belief of innocence not established [Paras 23-28].
Role of Intercepted Calls an...
Criminal Law - Discharge Application – Sections 409, 420, 467, 468, 471, 120-B of the Indian Penal Code, 1860 (IPC) - Prima Facie Involvement – Discharge Denied – Petitioner, a retired Milk Chilling Centre Incharge, sought discharge citing lack of prima facie evidence and delay in filing of charge-sheet post-retirement – Held: Petitioner was not entitled to discharge at thi...
Criminal Law - Sections 353 and 504 IPC - Quashing of FIR – Section 482 CrPC – Allegations Vague and Non-Specific – FIR and Charge Sheet Quashed - FIR was registered against the petitioner for allegedly abusing and attempting to assault police officials while being apprehended in connection with another case – Complaint contained vague and generalized accusations without sp...
Criminal Law – Murder - Section 302, 34 IPC - Accid Attack - Conviction Based on Sole Eyewitness – Acceptability of Single Witness Testimony – Upheld – The conviction was based substantially on the testimony of the deceased's brother, who was an eyewitness to the occurrence – Held: Statement of a single eyewitness is sufficient for conviction if it inspires ...
Criminal Law – Cross-Examination Deferred – Not Illegal When Victim Untraceable – Petitioner challenged trial court order permitting examination of other witnesses without first cross-examining PW16 (victim)—Court held: Victim examined-in-chief but not traceable despite efforts—Trial Court rightly deferred cross-examination and proceeded with trial—No illegality...
Criminal Law - SC/ST Act – Quashing - Caste-Based Assault Allegation – Conviction Set Aside on Compromise – Trial Court convicted appellants under multiple IPC and SC/ST Act provisions—Allegation of caste abuse and assault over a local altercation—Held: Appellants and de facto complainant now residing in same village peacefully—Court accepted voluntary compromis...
Criminal Law – Appeal Against Dismissal of PIL - Police Encounters – Violation of PUCL Guidelines – 171 Incidents Scrutinised – Appellant alleged systematic failure in compliance with guidelines laid down in PUCL v. Maharashtra – FIRs registered against victims instead of police personnel – Magisterial inquiries and forensic analysis allegedly absent or delayed ...
Criminal Law – Quashing of Charges - Criminal Conspiracy – Framing of Charges – Lack of Evidence – Charges Quashed – Petitioners challenged framing of charges under Sections 120-B, 420, 468, and 471 IPC for alleged forgery of donation receipts – High Court found no prima facie evidence showing any dishonest intention or specific role attributed to petitioners &n...