Bail - NDPS Act – Prolonged Incarceration – Right to Speedy Trial – Bail Granted Despite Section 37 Bar – Petitioner was in custody for 1 year and 6 months – Trial Court reported that the case would take another six months for completion – Held: Prolonged incarceration without trial violates Article 21 of the Constitution – Supreme Court precedents establi...
Criminal Law – Murder - Criminal Conspiracy – Failure to Prove Illicit Relationship and Common Intention – Acquittal – The prosecution alleged that the accused conspired to murder the deceased to sustain their alleged illicit relationship. However, the evidence, including hearsay witnesses and recovery of materials, was insufficient to establish the conspiracy beyond reason...
Criminal Law – Appeal against Acquittal – State appealed against the acquittal of the respondent in a murder case – Trial Court had acquitted the respondent on grounds of insufficient evidence and contradictions in witness testimonies – High Court examined the merits of the trial court’s findings and the prosecution's evidence – High Court upheld the acquitt...
Criminal Law – Murder – Appeal against conviction - Murder vs. Culpable Homicide – Exception 4 to Section 300 IPC – Conviction Converted to Section 304 Part-II IPC - The prosecution relied on circumstantial evidence to establish that the appellant murdered the deceased due to an alleged illicit relationship with the acquitted co-accused – The appellant suffered injuri...
Criminal Law – Acquittal Appeal – Scope of Appellate Review – Acquittal Upheld - Appeal by the State – The State of Gujarat preferred an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, challenging the acquittal of the accused for offenses punishable under Sections 323, 504, 506(2) IPC, and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes...
Criminal Law - Challenging the judgment of acquittal - Abetment to Suicide – Definition under Section 107 IPC – Mens Rea Essential – Acquittal Upheld - The appellant alleged that the respondent-accused took money and gold ornaments from the deceased on the pretext of securing bail for her husband and refused to return them – It was claimed that the respondent's refusal ...
Criminal Law - Quashing of FIR – Scope of Section 482 CrPC – Prima Facie Case Established – The petitioner sought quashment of the FIR on the grounds that the allegations were of civil nature, that there was delay in lodging the complaint, and that the allegations were false and motivated by malice – However, the father of the petitioner had already challenged the same FIR ...
Criminal Law – Bail – Section 439 CrPC – Grant of Bail Despite Serious Charges – The petitioner was accused of criminal conspiracy in a murder that occurred inside jail premises – The prosecution alleged that he facilitated the attack by preventing the closing of a crucial gate – The Court noted that the petitioner did not directly participate in the assault and...
Matrimonial Law - Wife’s Maintenance – Temporary Employment – Entitlement to Maintenance – The Family Court denied maintenance to the wife on the ground that she was employed on a temporary basis as a Data Entry Operator and earned ₹21,175/- per month – Held: Temporary employment and meagre earnings do not disentitle a wife from claiming maintenance under Section 12...
Bail Application – PMLA – Right to Speedy Trial under Article 21 – The applicant, accused of money laundering under Section 3 of the PMLA, sought bail citing prolonged incarceration of more than 3 years and 10 months – The applicant has already served more than half of the maximum punishment prescribed under the PMLA (7 years) – The Bombay High Court held that prolong...