Legal Representation – Absence of Appellant’s Advocate – The Division Bench appointed an advocate to represent appellant Niranjan Das but failed to give adequate time for preparation. Advocacy impaired due to lack of time to study the case, indicating procedural impropriety. [Para 4, 6-7]
Conviction – Section 302 of IPC – Appellant Niranjan Das convicted for murder...
Criminal Appeal – Recall of Witness – Appellant sought recall for further examination as a witness in the trial – High Court rejected the application – Appeal filed in Supreme Court. [Para 3-4]
Evidence – Central Forensic Sciences Laboratory (CFSL) Report – Appellant’s initial deposition recorded before CFSL report could be examined – CFSL expert&...
Robbery with Deadly Weapon – Section 397 IPC – Conviction of appellant under Sections 392 and 397 IPC challenged – Prosecution failed to prove use of firearm by appellant – Co-accused alone used the firearm – Charge under Section 397 IPC requires offender to use deadly weapon – Appellant’s involvement proved for robbery under Section 392 IPC but not under ...
Anticipatory Bail – Cancellation of High Court Order – State of Haryana appeals against anticipatory bail granted to the respondent, Dharamraj, by the High Court of Punjab and Haryana – Respondent declared a proclaimed offender and accused under various sections of IPC – Supreme Court finds High Court's grant of anticipatory bail improper. [Para 2-3, 13]
Proclaimed O...
Criminal Appeal – Leave Granted – Appeals arise from orders of the High Court in an application filed under Section 482 of the CrPC – Appellant challenges High Court’s decisions to allow amendment of application and to set aside prior orders by the Chief Judicial Magistrate (CJM). [Para 1-3]
Factual Background – Appellant alleges attack on his family by respondents...
Prolonged Incarceration without Trial Progress – Appellant in custody since 9th April 2021, with minimal trial progress despite High Court's order for completion within six months – Only 5 out of 25 witnesses examined – Issue of prolonged incarceration without trial conclusion highlighted.
High Court's Inconsistent Bail Grant – High Court's recognition of th...
Culpable Homicide Not Amounting to Murder – Sentence Reduction – Incident arose from a sudden quarrel over land dispute – No premeditation or preplanning – Appellant convicted under Section 304 Part II IPC – Sentence reduced from ten years to two years rigorous imprisonment with a fine [Paras 1-13].
Background of Dispute – Civil Suit Pending – Dispute o...
Criminal Appeal – Jurisdictional Competence for Trial – Discussion on appropriate judicial forum for trial of appellant charged under IPC and other acts – Concerns over trial by Court of Chief Judicial Magistrate with limited sentencing power for offences punishable with life imprisonment or 10 years imprisonment under Section 409 IPC – Analysis of jurisdiction under Cr.PC ...
Appellant's Involvement in Money Laundering – Alleged acquisition of tainted properties using proceeds of crime – Question of whether the appellant, not an accused in the predicate offence, can be implicated under PMLA. [Paras 6, 16-17]
Criminal Conspiracy and Predicate Offence – Interpretation of Section 120-B of IPC in the context of PMLA – Held that Section 120-B ...
Murder – Cancellation of Bail – High Court granted bail to the accused without adequate reasoning – Accusations are serious, involving murder and attempted murder – High Court’s orders set aside – Respondent to surrender [Paras 1-32].
Grant of Bail – Judicial Discretion – Courts must consider the nature of accusations, severity of punishment, and ...