Criminal Law - Murder – Appeal Against Acquittal - Appreciation of Evidence – Eye-Witness and Medical Testimony – Conviction Restored - The Trial Court acquitted all accused in a murder case citing contradictions and unreliable witness testimony – The High Court reversed the acquittal of Accused No.1, holding that minor contradictions did not discredit consistent and corrob...
Bail – Long Incarceration without Trial – Bail Granted – The petitioner had been in custody for over four years in a case involving charges under IPC and MCOCA – Only four of 67 prosecution witnesses had been examined – Supreme Court noted prolonged trial and granted bail subject to stringent conditions, without commenting on merits [Paras 6–9].
MCOCA Charges...
Anticipatory Bail – Direct Approach to High Court – Permissibility in Special Circumstances – Application Allowed – Applicant directly approached the High Court bypassing Sessions Court citing rejection of interim protection to co-accused and risk of similar denial – Court held that special circumstances were made out, particularly due to applicant’s young age a...
Criminal Law – Quashing of FIR - Criminal Conspiracy and Forgery – Role of Professional Valuer – FIR Quashed – Petitioner, an empanelled bank valuer, was accused of preparing false valuation reports without physically inspecting properties – Court held petitioner relied on representations made by bank officer and submitted a valuation opinion, not a forged document &n...
Bail - NDPS Offense – Commercial Quantity – Application of Section 37 – Bail Granted – Petitioner accused of possessing 71 Buprenorphine injections, constituting commercial quantity under FSL report – Despite applicability of statutory bar under Section 37, prolonged incarceration of 1 year and 5 months invoked constitutional protection under Article 21 – Held: ...
Criminal Law – Murder – Appeal Against Conviction - Section 313 CrPC – Inadequate Examination of Accused – Prejudice Caused – Conviction Set Aside – Appellant’s examination under Section 313 CrPC merely summarized the prosecution's case rather than presenting specific evidence against him – Supreme Court held this as fatal irregularity causing in...
Criminal Law – Quashing of FIR - Criminal Proceedings in Matrimonial Disputes – General Omnibus Allegations – Proceedings Quashed in Part – Supreme Court precedents reiterated that vague, sweeping allegations lacking specifics against distant relatives cannot sustain criminal charges – FIR and charge sheet quashed against Petitioner No.4 (a distant relative) for lack ...
Bail – Parity with Co-Accused – Not Applicable – Petitioner Alleged to Have Driven the Getaway Vehicle – The petitioner sought bail claiming parity with co-accused Sifarish Khan and Akhileshwar Kumar @ Sanjay, who had been granted bail earlier – Held: The petitioner was directly involved in the commission of the robbery, driving the motorcycle with a fake number plate...
Negotiable Instruments Act – Vicarious Liability – Non-Director Cannot Be Prosecuted – Petitioner Not Liable – Petitioner was neither a director of the accused company nor a signatory to the dishonoured cheques – Extract from the Ministry of Corporate Affairs confirmed he had no association with the company – Held: As per settled law under Section 141 NI Act, me...
Criminal Law – Quashing of FIR – Serious Sexual Offences – Petition Dismissed – Petitioner sought quashing of FIR registered under Sections 354, 354-A, 451, 506, 376, and 511 IPC alleging false implication – FIR based on prosecutrix's complaint and corroborated by her Section 164 CrPC statement alleging attempted rape and physical assault – Court held that m...