Anticipatory Bail – Sections 109, 310, 115(2), 117(1), 117(2), 126(2), 351(2), 190, 299, 191 of the BNS - Brutal Assault by Police – Delay in FIR Registration – Bail Denied – Petitioner, a police officer, sought anticipatory bail under Section 482 BNSS for assaulting an Army Colonel and his son – FIR registered eight days later following public outcry – Allegati...
Custodial Death – Excessive Force by Police – Compensation Granted – Petition under Section 482 CrPC seeking fair investigation in FIR concerning the death of petitioner’s son by police firing – FIR was diluted to Section 304 IPC despite allegations of point-blank shooting by Head Constable – Court held that use of lethal force against an unarmed accused was dis...
Criminal Law - PMLA Offence – Bail – Predicate Offence Bail Granted – Relaxation of Section 45 PMLA – Bail Allowed – The appellant, a headmaster, was accused of conspiring to leak the question paper of a competitive government examination and was arrested along with 36 candidates found with the leaked paper – The Enforcement Directorate registered a separate ECI...
NDPS Act – Bail – Commercial Quantity Not Involved – Bail Granted - Applicant Palwinder Kaur was arrested based on alleged monetary transactions linked to narcotics trafficking network – Court noted that the contraband recovered did not qualify as “commercial quantity” – Held: Rigors of Section 37 of NDPS Act not attracted – Bail granted with conditi...
Criminal Law – Murder Conviction – Conversion to Culpable Homicide – Appeal partially allowed – Common Intention – Incident arose from a sudden altercation over crop damage caused by accused’s cattle – Appellants along with others armed with lathis and one (Sukh Ram) with a “kanta” assaulted deceased Shyam Lal – Trial court convicted all ...
Criminal Law – Transfer of Investigation - Suspicious Death – Alleged Harassment in Public Undertaking – CBI Investigation Ordered - The deceased Vimal Negi, a GM at HPPCL, allegedly faced sustained pressure to approve irregular financial decisions – Inquiry by Additional Chief Secretary (Home) confirmed misconduct by senior officers – Report suppressed by State and i...
Criminal Law - Quashing of Criminal Proceedings – Sections 376, 376(2)(n), 377, 504, 506 of the Indian Penal Code, 1860 (IPC) - Allegation of Rape on False Promise of Marriage – Consent and Misuse of Legal Process – Proceedings Quashed – The appellant was accused of rape and unnatural sex on false promise of marriage. FIR was lodged after a prolonged consensual relationship...
Section 138 of the Negotiable Instruments Act – Dishonour of Cheques – Failure to Prove Debt – Acquittal Upheld - The complainant alleged a friendly loan of ₹8.5 lakhs was given and cheques were dishonoured – Respondent admitted signature on cheques but claimed they were issued in a different context – Court held that complainant failed to establish existence of leg...
Criminal Law - Anticipatory Bail – Section 108, 316(3), 318(4), and Section 69 of the BNS - Abetment of Suicide – Prima Facie Evidence of Instigation – Bail Denied – Petitioner, an officer of the Intelligence Bureau, was in a prolonged relationship with the deceased and is alleged to have emotionally manipulated, financially exploited, and instigated her suicide – Inv...
Criminal Law – Murder - Section 302 IPC - Circumstantial Evidence – Mere Presence at Scene – Conviction Set Aside – Appellant convicted for murder under Section 302 IPC based on testimony that he was seen near canal shortly before deceased disappeared – Held: Mere presence near place of incident does not establish guilt – No eyewitness account or any act connect...