Criminal Appeal - Validity of Sanction - Discharge of Accused - Prevention of Corruption Act, 1988, Section 13(1)(e) read with Section 13(2) - Challenge to the validity of sanction granted by the Government to prosecute the accused - Accused raising objections at various stages of trial - Trial court framing charges and examining witnesses - Accused filing interlocutory application seeking dischar...
Criminal Law – Sentencing – Proportionality – Uniform Sentencing Standard – Disparity in Sentences – Conviction for causing fatal injuries – Conversion of conviction from Section 302 IPC to Section 304 Part II IPC – Appropriateness of sentences undergone by accused persons – Role of each accused practically indistinguishable – Principle of prop...
Quashing of criminal proceedings - Jurisdiction of High Court under Section 482 of the CrPC - Principles to be considered - Exercise of power sparingly and with circumspection - Allegations must be patently absurd and inherently improbable for quashing – No meticulous examination of evidence at the stage of framing charges - Power to be used to prevent abuse of process and miscarriage of jus...
Bail Application - Rejection of bail - Appellant, along with others, accused of offenses under the GCTOC Act and IPC - Allegations of intimidation, threats, and extortion - Prima facie material indicating regular participation in crime - Bail application dismissed by High Court - Appeal filed seeking bail - Court declining bail considering alleged role of appellant, existence of other cases, and s...
Criminal trial - Circumstantial evidence - Duty of prosecution to establish guilt beyond reasonable doubt - Heavy burden on prosecution in case of circumstantial evidence - Chain of circumstances must point to only one conclusion which is that accused is guilty - Each piece of evidence in chain must stand on firm grounds - Prosecution failed to prove case beyond reasonable doubt in present case. [...
Criminal Procedure - Jurisdiction of Magistrate - Power to direct registration of FIR - Limits on the Magistrate's discretion - Magistrate's power to take cognizance and postpone process under Section 202 of the Cr.P.C. - Distinction between powers of Police to register and investigate an FIR under Section 154(1) read with 157 of the Cr.P.C. and the Magistrate's power to direct registr...
Criminal Appeal - Conviction and Sentence - Murder and Attempt to Commit Suicide - Administration of Poison to Children - Premature Release - Application for Premature Release - Rejection by State - High Court upholds Conviction under Section 302 IPC - Acquittal under Section 309 IPC - Appeal before Supreme Court - Analysis of Facts and Relevant Provisions of IPC - Benefit of Exceptions under Sect...
Accused charged with serious offenses under Sections 302, 307, 201, and 120-B of the IPC - High Court granted bail without considering material from investigation - Appeal filed. [Para 1]
Supreme Court holds that High Court's bail order is unsustainable - Material collected during investigation should be considered in cases involving serious offenses under Section 302 of IPC - Accused direc...
Detention Order – Challenged - Commissioner of Police, Hyderabad, issued Detention Order under the Telangana Prevention of Dangerous Activities Act 1986, categorizing the Detenu as a ‘Goonda’ for his habitual criminal activities. The Commissioner opined that ordinary law was insufficient to curb his activities. Representation and Advisory Board – Appellant submitted a repre...
Negotiable Instruments Act – Section 138 – Accused convicted by Judicial Magistrate for cheque dishonour – Sentenced to pay cheque amount with interest – Appeals filed against conviction. [Para 3]
Appeals – Suspension of Sentence – Sessions Court grants relief subject to 20% deposit of compensation amount under Section 148 of N.I. Act and Section 389 of Cr.P....