Criminal Law – NDPS Act – Remand Extension – Violation of Article 21 – Accused not produced physically or virtually during hearing of extension application under Section 36A(4) of the NDPS Act – Held: Failure to ensure presence of the accused during such hearing constitutes gross illegality and violates fundamental right to fair procedure under Article 21 of the Const...
Criminal Law – Quashing of FIR - Prevention of Corruption – Bribery Allegations – Complaint alleged offer of ₹2 crores and later ₹5 crores to MLA to abstain or vote in MLC elections – FIR registered belatedly on 31.05.2015 based on audio-video recordings of sting operation – Allegations against A4 vague and unconnected to subsequent alleged transaction – A4 ...
Matrimonial Law – Maintenance – Minor Husband – Maintainability of Proceedings – Section 125 CrPC – No Bar to Proceedings Against Minor Husband – Husband’s minority at the time of filing of maintenance application under Section 125 CrPC cannot be a ground to hold the proceedings as non-maintainable – Chapter IX of CrPC is applicable independent of pr...
Criminal Law – Outraging Modesty – Discharge – Accused sent old and ugly undergarments of women via parcel to a female school principal with intent to insult her modesty – Accused sought discharge under Section 239 CrPC – Magistrate discharged them from Section 354 IPC but retained charges under Section 509 r/w 34 IPC and Sections 4 & 6 of Indecent Representation ...
Anticipatory Bail – Economic Offence – Fraudulent Investment Scheme – Application under Section 482 BNSS seeking pre-arrest bail in connection with FIR alleging criminal conspiracy and cheating to the tune of ₹3.36 crores – FIR registered under BNSS and G.P.I.D. Act – Allegation that accused lured investors with 3% monthly returns – Applicant alleged to have r...
Criminal Procedure – Bail – Fraudulent Conduct and Suppression of Material Facts – Bail Set Aside – Accused obtained interim protection during anticipatory bail proceedings by giving undertakings to repay cheated amount (₹6.25 crores) but later reneged on promise – High Court rejected anticipatory bail observing that accused misled courts and complainant – Des...
Negotiable Instruments Act – Suspension of Sentence – Conditional Deposit – Appellate Court had suspended the sentence under Section 138 NI Act, subject to deposit of 20% of compensation – Petitioner challenged the condition citing financial hardship and failure to record reasons by the Appellate Court – Held: As per Supreme Court in Jamboo Bhandari and Muskan Enterpr...
NDPS Act – Conviction under Sections 17(c)/21(c) – Appeal Partly Allowed – Appellants convicted for possession of commercial quantity of Morphine and Opium – Trial Court imposed 20 years Rigorous Imprisonment and Rs. 2 lakhs fine – High Court finds total compliance of Sections 42(1), 42(2), 50, and 52A NDPS Act – No evidence of manipulation or procedural illegal...
Terrorism – Bail under UAPA – Section 43D(5) – Prima Facie True Test – Appeal Dismissed – Appellant charged with serious offences under IPC, Arms Act, Explosive Substances Act, and UAPA – NIA alleged active involvement in criminal conspiracy, recce, and recovery of arms – Held: Material collected by NIA indicates prima facie truth of allegations under UAPA...
Criminal Law – Murder Conviction – Common Intention – Appeal Dismissed – Appellants convicted for murder of Karamatullah based on testimonies of three eyewitnesses (PW-7, PW-13, PW-19) – Trial Court relied on direct and corroborated evidence of assault with knives by both accused persons – High Court held that evidence did not suffer from material discrepancies ...