Anticipatory Bail – Conspiracy to Commit Murder – Role of Petitioner – The petitioner was implicated based on the disclosure statement of co-accused persons and alleged participation in a conspiracy at a farmhouse – No overt act attributed to the petitioner – Other similarly placed co-accused had already been granted bail – Held: Anticipatory bail granted as no ...
Criminal Procedure – Bail – Section 326A IPC – Appellant accused of throwing acid on his wife during a matrimonial dispute – Injuries confirmed to be erythema with no burn injuries or loss of vision – Petitioner in judicial custody for 80 days – Investigation complete – Bail granted with stringent conditions [Paras 1-10].
Judicial Discretion – Bai...
Criminal Law – NDPS Act – Appeal Against Conviction and Sentence - Compliance with NDPS Procedural Safeguards – Section 42 and Section 50 – Substantial Compliance Established – Appellants argued non-compliance with Section 42 (recording of information) and Section 50 (informing suspects of rights) of the NDPS Act – Held: In emergencies, immediate raids may be co...
Bail Petition – Change in Circumstances – Successive Bail Applications – Change in Circumstances Justified – The petitioner, previously denied bail, filed a subsequent petition based on new evidence where the victim and her mother claimed she was major at the time of the incident, and the relationship was consensual – Held: New statements of the victim and her mother,...
Criminal Law – Bribery – Demand and Acceptance – Importance of Corroboration – Appeal against acquittal of the accused for allegedly demanding and accepting a bribe – Held: Evidence of demand and acceptance must be proved beyond reasonable doubt; discrepancies in the prosecution's case, such as failure to corroborate the complainant’s version and procedural ...
NDPS Act – Grant of Bail – Procedural Compliance under Section 52A – The High Court granted bail solely on the grounds of delayed compliance with Section 52A concerning disposal of seized narcotics – Held: The delay in compliance constitutes a procedural irregularity but not an illegality vitiating the trial. Bail under the NDPS Act requires compliance with Section 37&rsquo...
Criminal Law – Conviction on Circumstantial Evidence – Appellant convicted under Section 302 IPC for the murder of his wife – Prosecution based on circumstantial evidence, including extra-judicial confession and footprints at the crime scene – High Court finds inconsistencies in prosecution's evidence, including contradictions in witness statements and lack of forensic ...
Family Law – Transfer of Petition – Dismissal of Transfer Application by the High Court – Conduct of Applicant Considered – Application by the wife under Section 11 of the Hindu Marriage Act, 1955, seeking the transfer of a petition from the Family Court in Jhajjar to Rupnagar – Applicant alleged the respondent-husband kidnapped their children and demanded money for d...
Murder – Circumstantial Evidence – Burden of Proof – Chain of Circumstances Proved – The prosecution established circumstantial evidence including CCTV footage showing the accused with the deceased, the purchase of poisonous pesticides by the accused, and the medical cause of death by poisoning – Disclosure statement leading to the recovery of the motorcycle and mobil...
Examination Malpractice – Proportionality of Punishment – Regulation 5(a) and Regulation 8 of Panjab University Calendar Volume II, 2007 – Writ dismissed - The petitioner challenged a two-year disqualification imposed for being caught with handwritten notes during the Law of Contract examination – The petitioner argued that the punishment was disproportionate and detrimenta...