Criminal Law – Bail – Economic Offences – Prolonged Incarceration – Appellants accused of defrauding consortium of 17 banks through shell companies – Prosecution invoked serious charges under IPC and PC Act – Appellants in custody for over 5.5 years, over 2.5 years in the present case – Chargesheet over 4 lakh pages and 736 witnesses – Charges not ye...
Parole – Indigent Prisoner – Surety Bond – Repeated Mechanical Imposition – Waiver Directed – Life convict granted fourth periodical parole of 40 days – District Parole Advisory Committee imposed condition of furnishing two sureties of ₹25,000 each despite petitioner’s proven indigence and despite three prior orders of High Court waiving such condition &...
Criminal Law – Unlawful Activities (Prevention) Act, 1967 – Prosecution Sanction – Mechanical Grant of Sanction – Earlier Proposals Rejected – No Fresh or Additional Material – Sanction Quashed – High Court Error – Sanction to prosecute under Sections 16, 17, 18, 20 and 21 UAP Act is a mandatory and sacrosanct requirement – State Government twi...
Criminal Law – Inherent Powers – Section 482 Cr.P.C. – Quashing of Proceedings – Court empowered to prevent abuse of process and secure ends of justice – Proceedings against petitioner examined at threshold [Paras 1–3, 10–11].
Section 498A IPC – Scope of “Relative of Husband” – Neighbour or Stranger – Petitioner alleged to ...
Criminal Law – Corruption – Disciplinary Proceedings and Criminal Prosecution – Independence of Proceedings – Allegation of demand and acceptance of bribe by Executive Engineer – Successful trap laid by ACB – Departmental enquiry ended in exoneration – High Court quashed criminal proceedings relying on Radheshyam Kejriwal – Held, disciplinary proceed...
Criminal Law – FIR – Jurisdiction of Police Station – Anti-Corruption Bureau – High Court quashed FIRs registered under PC Act on ground that ACB Central Investigation Unit, Vijayawada was not notified as police station under Section 2(s) CrPC – Held: Approach hyper-technical and unsustainable – Declaration of ACB offices as police stations under G.O.Ms. No.268 ...
Criminal Law – Human Trafficking – Cybercrime – Job fraud involving trafficking of Indian citizens to Myanmar where they were held as cyber slaves – Applicants allegedly acted as intermediaries facilitating communication between job seekers and foreign agents in return for commission – Held: Applicants were minor players, unaware of the full consequences – Bail ...
Criminal Law – Bail – Section 319 CrPC – Appellant summoned as additional accused based on eyewitness testimony after being dropped during investigation – Arrested pursuant to non-bailable warrant – High Court denied regular bail – Supreme Court held that stronger threshold of “cogent evidence” must be satisfied to deny bail under Section 319 –...
Criminal Law – Cheating and Criminal Conspiracy – Multiple Victims – Same Transaction – Allegations of inducement and cheating of 1,852 investors pursuant to a single conspiracy to dupe public by false representation of divine powers to multiply money – One FIR registered and remaining complaints treated as statements under Section 161 CrPC – Held, where allegat...
Criminal Law – Bail – PMLA – Prolonged Incarceration – Appellant accused of orchestrating massive bank fraud and money laundering of ₹673.35 crores – Arrested on 09.07.2024, prosecution complaint filed on 06.09.2024 – Out of 28 individuals, only appellant was arrested – Trial yet to commence – No cognizance taken – Court held that continued d...