Misappropriation of Government Funds – Initiation of Criminal Proceedings – The Supreme Court addressed the High Court’s direction for criminal proceedings against officers and office bearers for misappropriation of funds under a housing scheme. The High Court had ordered steps to be taken based on reports of mismanagement and irregularities. The appellants contended that they we...
Anticipatory Bail – Dowry Death – Conduct and Gravity of Offense – High Court granted anticipatory bail to respondent accused despite her absconding for over two years – Absconding and the nature of the offense distinguished her from co-accused granted bail – High Court's decision set aside as it ignored relevant factors [Paras 2-14].
Bail Cancellation – ...
Criminal Law – Quashing of Non-Compoundable Offences – Sections 320 and 482 CrPC – Offences which are 'non-compoundable' cannot be compounded by a criminal court in purported exercise of its powers under Section 320 CrPC – The High Court, however, can invoke its inherent powers under Section 482 CrPC to quash such proceedings if it is to prevent abuse of the process...
Criminal Law – Cancellation of Bail – High Court granted bail to the first respondent accused of conspiracy and murder of an Intelligence Bureau officer – Allegations of tampering with evidence and influencing witnesses – Supreme Court found High Court's bail decision erroneous – Considerations for bail include seriousness of crime, evidence tampering risks, and r...
Criminal Law – Summoning of Accused – Magistrate's order summoning the accused must record satisfaction about a prima facie case – High Court and Sessions Court quashed summons against corporate executives due to lack of specific allegations and individual roles – Appeal dismissed, reinforcing need for detailed allegations in vicarious liability cases [Paras 1-10].
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NDPS Act – Bail Conditions – High Court granted bail based on absence of contraband possession and error in statement translation – Supreme Court held High Court failed to adhere to Section 37(1)(b) NDPS Act requirements – Emphasized need for "reasonable grounds" to believe accused not guilty and not likely to commit offences on bail – Set aside High Court o...
Penal Code – Section 304 Part-II/34 IPC – Sudden Quarrel – Appellant involved in a sudden fight over stolen pigeon – Co-accused inflicted fatal blow in heat of passion – High Court modified conviction from Section 302 to 304 Part-I – Supreme Court further modified to 304 Part-II due to lack of intention to cause death – Conviction under Section 201 IPC mai...
Criminal Law – Voluntarily Causing Grievous Hurt – Appellant convicted for assaulting the victim with a sword, resulting in amputation of the victim's right leg below the knee and right forearm below the elbow – Trial court's judgment affirmed by High Court – Supreme Court rejects appeal, highlighting the brutality and permanent disability caused to the victim &ndas...
Criminal Law – Abetment of Suicide – Lack of Evidence – Allegations against appellant included refusal to marry the deceased leading to his suicide – FIR claimed appellant and her family abused deceased with casteist remarks and forced poison – No material evidence of relationship or abetment by appellant – Appellant had previously complained to police about dec...
Criminal Law – Murder vs. Culpable Homicide – Distinction – Incident where the appellant was accused of running over a police officer after a truck inspection – Appellant initially convicted under Section 302 IPC – Supreme Court reevaluated circumstances, noting absence of premeditation and direct animus – Conversion of conviction to Section 304 Part I IPC justi...