Criminal Law - Bail – Murder - Section 302, 307, 120B, 109 of the IPC - Delay in Trial – Parity with Co-Accused – Bail Granted – The Petitioner, accused of shooting and killing one individual and attempting to murder another as part of a criminal conspiracy, had been in custody since 27.10.2018 – While a weapon allegedly used in the crime was recovered from the Petiti...
NDPS Act – Bail – Commercial Quantity – Twin Conditions under Section 37 Not Satisfied – Bail Rejected – Petitioners sought regular bail under Section 439 CrPC in a large-scale NDPS case involving over 3 crore intoxicant tablets, capsules, drug money, and vehicles – Court held that the bar under Section 37 NDPS Act applies and petitioners failed to meet twin con...
Criminal Law - Custodial Death – Sections 302, 302/149, 147, 148, and 120-B of the – Appeal Against Acquittal - Eyewitness Credibility – Acquittal Upheld – The prosecution alleged that the accused, including a police constable, were involved in the murder of an undertrial prisoner after taking him out of judicial custody – The two eyewitnesses presented by the prosecu...
Facie Case Under Section 289 IPC – Quashing Denied – Complaint alleged attack by 10–12 unchained pet dogs resulting in injury to complainant – Petitioner disputed ownership and claimed possession of only one dog – Court held that allegations indicated potential negligent omission attracting Section 289 IPC – Charge-sheet based on witness statements including Nit...
Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302 and 307 read with Section 149 IPC and Section 3(1) of Tamil Nadu Prevention of Damage to Public Property Act – Trial Court and High Court upheld conviction based on testimonies of PW-1, PW-2 and PW-9 and corroborative material including fingerprint and recovery evidence – Supreme Co...
Criminal Law – Supplementary Evidence – Production of CDs at Trial – Permissible Omission – Upheld – CDs seized before filing of original chargesheet but not produced due to inadvertence – Supplementary chargesheet filed with forensic report but without CDs – Supreme Court held omission not fatal – CDs could be produced later with court’s...
Criminal Law – Legality of Arrest – Habeas Corpus – Grounds of Arrest Provided – Appeal Dismissed - Appellant challenged arrest of his son as illegal under Article 22(1) and Section 47 of BNSS – Alleged non-disclosure of meaningful grounds of arrest and absence of sanction under Section 17A of PC Act – Supreme Court held: Grounds of arrest were communicated in s...
Criminal Law - Rash and Negligent Driving – Conviction under Section 304A IPC – Sentence Modified – The appellant was convicted for causing death by rash and negligent driving – Trial Court sentenced him to six months’ imprisonment – Conviction affirmed by the First Appellate Court and High Court – Supreme Court upheld conviction but modified sentence by a...
Criminal Law - Juvenile Justice Act – Quashing - Applicability of Section 75 – Actual Charge or Control Requirement – Charge Quashed – The appellant, Chairman of the Managing Committee of a school, was summoned under Section 75 of the JJ Act for failure to install CCTV cameras as per Guidelines issued by the Directorate of Education following an incident of sexual assault o...
Criminal Law - Juvenile Justice – Conflict of Jurisdiction – JJ Act Overrides NIA Act – Trial by Children’s Court – Juvenile charged under UAPA and other severe laws—Despite being tried as adult under Section 18(3) JJ Act, Court held: JJ Act, 2015 has overriding effect over all laws including NIA Act—Trial must proceed before Children’s Court, not Sp...