Criminal Law - Anticipatory Bail – Sections 305 and 317(2) of the Bharatiya Nyaya Sanhita, 2023 BNS - Alleged Police Bias and Coercion – Bail Granted – Petitioner alleged wrongful implication by police under influence of complainant – FIR originally registered under Section 303 BNS later modified – Court observed misuse of investigation powers and harassment of unrela...
Review Petition – Jurisdictional Error – Review Allowed – Petitioners sought review of common order dismissing writ petitions challenging the criminal proceedings under UAPA – This Court noticed that as per Section 21(2) of NIA Act, all such matters ought to be heard by a Division Bench and not by a Single Judge – Held: Since jurisdictional error goes to the root of t...
Bail - Sections 21-C, 25, 27-A, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - NDPS Act - Grounds of Arrest – Non-supply of Written Grounds – Arrest Held Illegal – Despite police contention, petitioner was not served written grounds of arrest as mandated under Article 22 of the Constitution and Section 47 BNSS – Court relied on Pankaj Bansal, Prabir Pu...
Bail Jurisprudence – Right to Liberty – Presumption of Innocence – Reinforced – The Court underscored that liberty is a constitutional right and detention is an exception – Courts must treat “bail as the rule and jail as the exception” – Arbitrary denial of bail due to systemic delays or financial inability to meet bail conditions was found to be vio...
Criminal Procedure – Bail Reform – Monitoring Compliance with Satender Kumar Antil Guidelines – Comprehensive Review and Fresh Directions Issued – Supreme Court examines detailed compliance affidavits submitted by States, UTs, High Courts, CBI, and NALSA – Accepts Amicus Curiae’s report dated 10.02.2024 highlighting inconsistencies and lapses – Issues fres...
Criminal Law - Wild Life (Protection) Act, 1972 (Wildlife Act) - Wildlife Offences – Possession of Scheduled Animal Parts – Conviction Justified – The appellants were caught red-handed with tiger skins, claws, bones and antlers in a car at a petrol pump by the CBI – Two independent witnesses supported the seizure – Held: Recovery was convincingly established and corro...
Criminal Bail – Habitual Offender – Bail Denied - The applicant, Kamlesh Yadav, sought bail in a case under multiple IPC sections related to forgery and fraud involving impersonation in a property transaction – FIR alleged he facilitated a sale deed using an impostor and received ₹14.5 lakh – The Court noted that he had 52 prior cases, mostly for cheating under Section 42...
Criminal Law – Quashing of FIR – Forged Certificate Allegations – Petition Dismissed – Petitioner sought quashing of FIR and charge-sheet for allegedly using forged documents to secure army employment – FIR was filed by a neighbor allegedly in retaliation for a civil dispute – Court held: Prima facie case made out; FIR discloses cognizable offences – Claim...
Criminal Law - Bail Cancellation – Misuse of Liberty – Grounds Justified – Bail Cancelled – Petitioner sought cancellation of bail granted to private respondents in FIR No. 183 of 2016 for offences under Sections 307, 326, 323 IPC etc. – Respondents allegedly committed fresh offences post-bail including trespass and physical assault on the complainant and his family &...
Criminal Law - Custodial Death – Demand for Independent Investigation – Local Police Involved – CBI Directed to Take Over – Allegations of police brutality leading to the death of Deva Pardhi in custody prompted a plea by relatives seeking transfer of investigation from local police, who were the accused themselves – Supreme Court found that no arrests were made eight...