Police Clearance Certificate – Issuance for Overseas Employment – Petition for the issuance of PCC in light of an opportunity for employment in Brazil – Petitioner’s criminal case history cited as reason for delay in issuance – Trial court’s No Objection Certificate considered – Directed authorities to issue PCC if no adverse information beyond the mention...
Criminal Law – Gang Rape Conviction – Appellants convicted for abduction, gang rape, robbery, and wrongful confinement of the prosecutrix (PW1) – Trial court’s judgment upheld by the High Court – Emphasizing the reliability of the prosecutrix's testimony and corroborative evidence from eyewitness PW2 – Application of stringent penal provisions under Section ...
Criminal Law – Stoppage of Proceedings – Section 258 Cr.P.C. – Revision against order of acquittal – Jurisdiction exercised without sufficient grounds – Proceedings stopped under Section 258 Cr.P.C. without compliance of mandated requirements – High Court finds that the Magistrate’s order to stop proceedings was not in accordance with legal standards &ndas...
Criminal Law – Appeal for Anticipatory Bail under SC/ST (Prevention of Atrocities) Act, 1989 – Kerala High Court dismissed appeal for anticipatory bail filed under Section 14-A of the Act – Appellant accused of humiliating respondent (a Scheduled Caste member) publicly through derogatory remarks made during a YouTube interview – Prima facie evidence supported allegations of...
Criminal Law – Petition under Section 482 Cr.P.C. – Challenge to impugned order rejecting deferment of hearing on charge – Accusations of criminal conspiracy and corruption in Delhi Excise Policy 2021-22 – Petitioner contends investigation incomplete and seeks delay until supplementary chargesheet against co-accused is filed – Learned Trial Court dismissed application...
Article 226/227 of the Constitution of India read with Sections 482, 427(1) of Cr.P.C. – Petitioner sought direction for concurrent running of sentences imposed in two separate NIA cases – Delhi High Court declined to exercise discretion under Section 427(1) of Cr.P.C. – Held, offences committed by petitioner in two separate cases cannot be considered part of the “same tran...
Pre-Arrest Bail – Custodial Death Allegations – Seriousness of Offences – Petitioner, a police officer, sought pre-arrest bail in a case involving allegations of wrongful confinement, assault, and custodial death of complainant’s mother. Judicial inquiry suggested suicide, but conflicting evidence, including post-mortem reports showing multiple injuries, led to the denial o...
Delay in Deciding Bail Application – Applicant argued undue delay in deciding bail application, alleging 40 listings without decision – Court found majority of delays due to multiple interim applications filed by the applicant for medical relief and treatment – No merit in argument attributing delay to court proceedings [Paras 20-31].
Principles Governing Grant of Ba...
Criminal Law – Murder and Common Intention – Sections 341, 302, 34 IPC – Appeal against conviction – Prosecution’s case that accused, in furtherance of their common intention, committed the murder of Baiju due to a prior altercation – Trial court convicted A1, A2, and A3 while A4 was acquitted – High Court finds evidence insufficient to prove common intent...
Juvenile Justice – Bail Application – Applicant was a juvenile at the time of the incident – Challenged denial of bail by the Juvenile Justice Board and appellate court – Court highlighted that the gravity of the offense is not a ground to refuse bail under Section 12(1) of the Juvenile Justice Act – Bail granted [Paras 6-10].
Conditions for Bail under Ju...