Criminal Law – Anticipatory Bail – Economic Offences – Petitioners sought anticipatory bail in FIR alleging cheating and criminal breach of trust in a housing redevelopment project – Petitioners, allegedly acting in concert, misrepresented ownership and control over two flats and induced complainant to invest Rs.1.91 crores – Despite MoUs and arbitral proceedings, FIR...
Criminal Law – Bail – Unlawful Activities (Prevention) Act, 1967 (UAPA) – Section 43D(5) – Prolonged Incarceration – Article 21, Constitution of India – Bail Declined for Sharjeel Imam and Umar Khalid – The Supreme Court held that while prolonged incarceration implicates Article 21, it does not automatically displace the statutory embargo under Section 43D...
Money Laundering – Bail – Prolonged Incarceration – Article 21 – Delay in Trial – Applicant in custody for over two years in connection with ECIR/SHSZO/04/2019 under Sections 3 & 4 of PMLA – Charges not yet framed – 71 witnesses and over 31,000 pages of documentary evidence cited by ED – Trial of predicate offences before CBI Court not commenced ...
Negotiable Instruments Act – Cognizance – Delay in Filing Complaint – Impermissible Cognizance – Respondent filed complaint under Section 138 of NI Act with a delay of two days – Magistrate took cognizance before condoning the delay – Supreme Court held that satisfaction of the Court regarding delay under proviso to Section 142(1)(b) must precede taking of cogni...
Criminal Law – Supardari - Seizure of Vehicle – Illegal Quarrying Allegation – Vehicle seized by police under Section 303(2) BNS and Sections 21(1) & 21(2) of the Mines and Minerals Act for alleged illegal transport of gravel sand – Petitioner claimed ownership and denied involvement – Trial Court refused return of vehicle – High Court held that prolonged re...
Criminal Law – Murder Trial – Sole Eye-Witness – Appellant convicted under Sections 302, 307, and 504 IPC for indiscriminate firing resulting in two deaths and injuries to several others – Conviction based solely on the testimony of PW-1 – All other witnesses, including injured eyewitnesses, turned hostile and stated that lights were off during the incident – He...
Criminal Law – NDPS Act – Personal Search – Non-Compliance with Section 50 – Conviction Set Aside – Accused allegedly found in possession of 450 grams of charas during personal search on a bus – IO failed to inform accused of right to be searched before Magistrate or Gazetted Officer – Held: Violation of Section 50 vitiates conviction – Recovery rend...
Criminal Law – Double Murder – Acquittal – Appellant alleged to be driver of vehicle used by shooters in twin murders – Conviction by Trial Court affirmed by High Court – Supreme Court found evidence of key witnesses (PW-7 and PW-10) against appellant to be inconsistent and lacking – No overt act or recovery attributable to appellant – Conviction set aside...
Criminal Law – Bail – Parity – Accused not named in FIR but arrested along with co-accused from whose possession 40 motorcycles were allegedly recovered – No videography of recovery conducted as required under Section 105 BNSS – Co-accused Shoeb and Owais granted bail on similar grounds – Held: Applicant entitled to bail on grounds of parity and lack of procedur...
Criminal Law – Section 323 IPC – Voluntarily Causing Hurt – Conviction Unsustainable in Absence of Medical Evidence – Appellants convicted under Section 323 IPC – No medical evidence or doctor's testimony produced – No proof of bodily pain, disease, or infirmity as defined under Section 319 IPC – Held: Failure to prove nature and extent of injuries ren...