Criminal Law - Juvenile Justice – Bail Application – Expedited Consideration Sought – Interim Measures Permissible - The petitioner, a juvenile, sought a direction to the Juvenile Justice Board to decide his bail application on the same day of surrender – Held: A juvenile should not be unnecessarily detained in an observation home pending a bail decision – As per Sect...
Criminal Law – Conviction for Murder – Acquittal – Appellants convicted under Section 302/34 IPC for the murder of Hari @ Bhaggu – Trial court sentenced them to life imprisonment – Prosecution based its case on circumstantial evidence alleging that the appellants administered poison to the deceased and staged a suicide – Key witnesses (P.W. 1, P.W. 2, P.W. 7) we...
Civil Law - Employees’ Provident Fund Act – Quashing of Proceedings – Limitation Bar Applied – Proceedings Quashed – The petitioners challenged criminal proceedings alleging non-filing of provident fund returns, citing limitation and prior dissolution of their establishment – Held: Cognizance taken beyond the statutory limitation period under Section 468 CrPC re...
Territorial Jurisdiction – Application under Section 482 Cr.P.C. – Cause of Action Partially Arising in Lucknow – Application Dismissed – The applicant challenged the cognizance order and chargesheet on the grounds that no part of the cause of action arose in Lucknow, where the case was filed – Held: Part cause of action arose within the territorial jurisdiction of Lu...
Bail Application – Opportunity to Present Case – Violation of Section 45 PMLA – Directorate of Enforcement (ED) contended that they were not given a proper opportunity to oppose the bail application – Vacation Judge denied oral prayer for stay of bail – Failure to fulfill mandatory twin conditions of Section 45 PMLA [Para 2(i), 5].
Vicarious Liability –...
NDPS - Bail – Prolonged Custody – Concession Allowed – The petitioner, a first-time offender, was in custody since 05.09.2021 with only 09 out of 20 prosecution witnesses examined – Held: Delay in trial and prolonged custody warranted relaxation of Section 37 NDPS Act conditions in light of Article 21 of the Constitution – Bail granted [Paras 9-10].
Judicial Preceden...
Criminal Procedure – Anticipatory Bail – Section 438 Cr.P.C. – Application for Anticipatory Bail Post-Cancellation of Bail – Maintainability Challenged – The petitioner sought anticipatory bail after the addition of a graver offence (Section 376 I.P.C.) during investigation. The State challenged the maintainability of the petition, arguing that the petitioner should h...
Criminal Law - Murder – Section 302 IPC – Circumstantial Evidence – Conviction Reversed – Prosecution alleged the appellants murdered the deceased, Hamida Parween, to usurp property – Trial Court and High Court convicted based on circumstantial evidence, including motive and last seen theory – Supreme Court held: Chain of incriminating circumstances no...
Conviction Based on Dying Declaration – Omnibus Accusations – Reversal of Conviction – The trial court convicted accused Nos. 1 and 2 under Section 302 IPC based on the sole reliance on the dying declaration of the deceased. The dying declaration (Ex.P8) attributed a vague and omnibus accusation to both the accused for pouring kerosene and setting the deceased on fire – Hel...
Criminal Procedure – Restoration of Complaint – Petitioners challenged restoration of complaint dismissed for non-appearance of the respondent – High Court ruled that once a complaint is dismissed for non-prosecution, the trial court becomes functus officio and cannot restore the complaint – No provision in Cr.P.C. allows such restoration – Reference made to Supreme C...