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 – 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 ...
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 – Compromise after Conviction – Non-Compoundable Offences – Sections 324, 148, 149 IPC – Accused convicted and sentenced to rigorous imprisonment up to two years – During pendency of appeal parties entered into voluntary compromise – Trial Court verified compromise and reported it to be genuine and without coercion – Held: High Court can quash...
Criminal Law – Appeal Against Acquittal – Scope of Interference – State challenged acquittal of accused for offences under Sections 279, 337, 338 IPC and Section 187 MV Act – Reiterating settled law, High Court held that interference with acquittal is permissible only if findings are perverse, based on misreading or non-consideration of material evidence, or if only one con...
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...
Criminal Law – Quashing of FIR – Compromise – FIR registered under Sections 118(1), 118(2), 115(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023 – Parties settled dispute voluntarily without coercion – Civil Judge (Jr. Divn.) found compromise to be genuine and all parties to be part of the settlement – Complainant no longer interested in pursuing the m...
Criminal Law – Inherent Powers of High Court – Section 528 BNSS (Section 482 CrPC) – Quashing of Interlocutory Order – Petition filed seeking quashing of trial court order rejecting application under Section 311 CrPC for summoning record of another complaint case – Held: No perversity or illegality found in the impugned order warranting interference under inherent jur...
Criminal Law – Acquittal – Dowry Death Allegation – Accused was charged only under Sections 498-A and 306 IPC after being discharged under Section 304-B IPC – Trial Court acquitted the accused noting inconsistencies and material improvements in prosecution evidence – Held: Acquittal justified as initial missing person report did not allege any cruelty or dowry demand,...