Bail – Murder Case – Harbouring of Accused – Petitioner wife of main accused declared Proclaimed Offender – Allegation that she harboured co-accused knowing commission of offence – Case falls within exception carved out under Section 249 BNS – Petitioner not named in FIR – Clean antecedents – In custody since 21.06.2025 – Investigation complete...
Criminal Law – Murder – Road Rage Incident – Sudden Quarrel – Absence of Intention – Incident arose out of a sudden traffic altercation when motorcycle touched car – No prior animosity or premeditation – Assault by fist and leg blows only – No weapon used or recovered – Held: Essential ingredients of intention and knowledge required for offence...
Anticipatory Bail – Section 482 BNSS – Murder Case – Allegation of Instigation by MLA – Petitioner (Accused No.5) alleged to have instigated co-accused in fatal assault resulting in death of informant’s son – Prior written complaint by deceased naming petitioner and alleging threats to life – Prima facie material including CDRs and photographs requiring co...
Cheques drawn on State Bank of Patiala presented after its merger with State Bank of India – Cheques returned with remark “Funds Insufficient” and not “Invalid” – Contention that cheques became invalid after 31-12-2017 due to amalgamation – Held: Expression “within the period of its validity” in proviso (a) to Section 138 is elastic and may cov...
Juvenile Justice Act – Bail under Section 12 – Plea of Juvenility Raised During Pendency of Appeal – Convict sentenced to 25 years imprisonment under Section 6 POCSO Act – Age determination inquiry pending before Trial Court pursuant to High Court’s direction – Whether bail mandatory pending such determination – Held: Though bail to a child in conflict wit...
Bail – Annulment of Bail Order – Suppression of Criminal Antecedents – Organised Educational Fraud – Accused allegedly fabricated and used forged LL.B. degree to project himself as advocate and appeared before Courts – High Court granted bail relying on disputed documents forming subject matter of prosecution and ignored categorical communications from University deny...
Criminal Law – Quashing of Proceedings – Abuse of Process – Loan Recovery Dispute – Public Servant Acting in Official Capacity – FIR and charge-sheet alleged house trespass, criminal force, insult to modesty and intimidation against senior official of West Bengal Financial Corporation during visit for loan recovery – Materials revealed visit was pursuant to offi...
Criminal Law – Complaint Case – Mandatory Examination under Section 223 BNSS – Pre-Cognizance Notice – Illegality – Petition under Section 528 BNSS challenging issuance of pre-cognizance notice by Magistrate without recording sworn statement of complainant and witnesses – Complaint alleging reputational harm due to depiction of respondent as terrorist in feature...
Arrest – Non-Furnishing of Grounds of Arrest in Writing – Article 22(1) of Constitution – Section 47 BNSS – Court secured trial court records and found that grounds of arrest were not furnished to petitioner prior to production before Magistrate – Held: Non-supply of written grounds of arrest within stipulated time renders arrest illegal – Petitioner entitled to...
Criminal Law – Default Bail – Section 187(2) BNSS – NDPS Offence – Accused arrested on 07.05.2025 – Statutory period of 180 days for filing challan – Prosecution sought extension before expiry – Extension granted without presence of accused – Held, extension order passed in absence of accused vitiated – Accused entitled to default bail [Paras 5...