NDPS Act – Bail and Article 21 – Prolonged Incarceration Overrides Section 37 – Held: All petitioners except two had been in custody for nearly two years with trial not yet commenced—Court held that prolonged detention violated their fundamental right to personal liberty under Article 21—Bail granted subject to conditions – However, bail denied to petitioners Ji...
Criminal Law – Quashing Sanction for Investigation – Requirement under Section 17A PC Act – Applicability to Court Orders – Judicial Dilemma Deferred - The petition involved challenge to FIRs and proceedings initiated without prior sanction under Section 17A, post-amendment of the PC Act in 2018 – Held: Whether a Magistrate’s direction under Section 156(3) CrPC ...
Criminal Law - Negotiable Instruments Act – Quashing of Conviction – Section 138 – Settlement Reached - The petitioner challenged the Karnataka High Court’s decision which had set aside the conviction and sentence of the accused under Section 138 of the NI Act – During hearing, parties arrived at a consensual arrangement for partial release of deposited amounts and ph...
Criminal Law - Sentencing – Excessive Incarceration – Original Sentence Restored – Appeal Allowed - The appellant, originally sentenced to seven years’ rigorous imprisonment by the Special Court, had his sentence enhanced to life imprisonment by the High Court – Having already served eleven years and eight months in custody, the Supreme Court set aside the High Court&...
Criminal Law - Suspension of Sentence – Section 389 CrPC – Scope and Judicial Discipline – High Court Order Set Aside - The High Court suspended the sentence of the convict under POCSO on the ground of doubtful age of victim without conclusively reversing the trial court's finding – Held: Suspension of sentence under Section 389 requires judicial restraint and cannot pr...
Criminal Law – Quashing - Medical Negligence – Discharge Delays and Billing Discrepancy – No Offence Made Out - Petitioner, an advocate, alleged wrongful confinement and cheating by Max Hospital during cashless insurance surgery – Dispute arose over excess billing and delay in discharge – Court held that while harassment due to discharge process is real, it does not c...
Criminal Law - Dishonour of Cheque – Legal Presumption under NI Act – Conviction Upheld - Accused admitted issuance of cheque but claimed it was issued in connection with a proposed joint business – Trial Court and Appellate Court held that presumption under Sections 118 and 139 of the NI Act was not rebutted – Accused failed to lead any defence evidence despite ample oppor...
Criminal Law – Kidnapping and Murder - Appeal Against Conviction - Circumstantial Evidence – Chain Complete – Conviction Upheld – Minor boy kidnapped and strangled by appellant for ransom – Dead body recovered buried in yard at appellant’s instance – Cotton rope and blood-stained clothes recovered – Scientific and postmortem evidence confirmed cause ...
Regular Bail – Murder - Delay in Trial – Prolonged Incarceration – Bail Granted – Petitioner in custody for over 6 years with only 2 out of 17 witnesses examined since framing of charges in 2021 – Trial likely to take a long time – Held: Continued detention without substantial trial progress violates Article 21 rights – Bail granted subject to conditions [...
Criminal Law – Quashing - Section 138 and 141, Negotiable Instruments Act - Vicarious Liability – Director Not in Management – Complaint Quashed - Petitioner challenged proceedings under Section 138 NI Act, asserting he was neither a Director nor signatory to the cheques of the accused company – Produced Ministry of Corporate Affairs record confirming he was never part of t...