Negotiable Instruments Act – Section 138 – Conviction based on dishonour of cheque – Petitioner convicted and sentenced to rigorous imprisonment for two years and compensation of Rs. 5,50,000 – During revision, parties reached a compromise – Court directed statements to be recorded and verified the compromise – Genuineness confirmed, and proceedings quashed [Par...
Quashing of Proceedings – Criminal Intimidation – Insufficient Material – Petition to quash final report and proceedings under Section 482 of Cr.P.C. – Allegations under Sections 366, 354(D)(1), 354, and 506 read with Section 34 IPC – Threat by 2nd accused related to an earlier incident not linked to the primary crime – Threat insufficient to constitute criminal...
Criminal Law - Murder for Gain – Robbery and Killing of Employer – Conviction Under Sections 396 and 302 IPC – The appellants were former employees of the deceased’s plywood business—Due to past conflicts, they planned and executed a robbery at his residence, resulting in his murder – Trial Court relied on eyewitness testimony, forensic findings, CCTV footage, a...
Parole – Right of Convicts – Arbitrary Rejection Not Permissible – The petitioner, convicted under Section 22(c) of the NDPS Act, sought parole for eight weeks, which was denied on the grounds that he might engage in drug smuggling and disrupt elections – Held: Mere apprehensions without supporting material cannot justify denial of parole – No credible evidence was pr...
Criminal Writ - Criminal Investigation – Direction for Crime Branch Investigation – Articles 226 & 227 of the Constitution of India – Investigation Ordered – The petitioner alleged fraud and coercion by police officials, stating that despite multiple complaints, no action was taken – The petitioner and his wife were allegedly abducted and subjected to harassment &...
Criminal Law – FIR Quashing - Second FIR – Maintainability – Violation of Article 20(2) – FIR Quashed – The petitioner challenged the second FIR filed under the Gujarat Land Grabbing Act, arguing that it was based on the same set of allegations as an earlier FIR registered under IPC – The Court held that the registration of a second FIR for the same incident is ...
Criminal Law – Forgery and Corruption – Conviction Based on Documentary Evidence – The appellant, a Traffic Superintendent with Indian Airlines, was convicted for tampering with airline tickets, issuing an infant ticket in a fictitious name and converting it into an adult ticket for monetary gain – Held: The evidence, including handwriting expert analysis and witness testim...
Murder – Conviction under Section 302 read with Section 34 IPC – Multiple accused – Common intention established – The accused persons were convicted for the murder of Srihari Mondal based on the testimony of six eyewitnesses (PW 4, PW 5, PW 6, PW 9, PW 10, and PW 12) – The appellants argued that the witnesses were related to the deceased and no independent witness wa...
Bail – Anticipatory Bail in Forest Offenses – Applicability of Bharatiya Nagarik Suraksha Sanhita, 2023 – The petitioner, accused of involvement in illegal felling of sandalwood trees, sought anticipatory bail – The prosecution argued that custodial interrogation was essential for recovery and further investigation – Held: Bail is the rule, and jail is the exception u...
Bail Cancellation – Non-Service of Mandatory Notice – Section 15(A) of SC/ST Act – Petitioner sought cancellation of bail on the ground that he was not informed before the bail hearing – Bail was granted on 28.11.2022, but the official notice was sent only on 03.12.2022, after the bail order – Held: Section 15(A) of the SC/ST Act mandates prior notice to the victim be...