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 Law – Murder – Acquittal - Eyewitness Testimony – Single Dock Identification – Credibility Doubted – Conviction Overturned – The Court noted that the sole eyewitness (P.W. 15) identified the accused a year after the incident during dock identification without prior Test Identification Parade (TIP) – The prolonged time lapse and absence of corrobor...
Sexual Assault Allegations – Bail Granted – Delay in Filing Complaint – The petitioner, a well-known film actor and director, faced allegations of sexual assault committed 17 years prior – The Court noted the significant delay in filing the complaint and absence of compelling prima facie evidence to deny bail – Held: Bail granted subject to conditions to ensure cooper...
Criminal Law - Dowry Harassment and Attempt to Murder – Evidentiary Standards – Conviction Reversed – Accused Acquitted – Allegations of dowry harassment, assault, and attempt to murder by pouring kerosene and setting fire – Evidence of P.W.1 (complainant) insufficient as she neither witnessed the act nor directly implicated the accused – No corroboration from n...
Criminal Law – Circumstantial Evidence – Acquittal Upheld – The appeal challenged the trial court's judgment acquitting the accused under Sections 302 and 379 read with Section 34 IPC based on circumstantial evidence – The appellate court emphasized the principle that the prosecution must establish a complete chain of circumstances that leads only to the guilt of the ac...
Bail Application – Repeated Regular Bail Plea – Filing of Chargesheet Not a Substantial Change of Circumstances – Application Rejected - The applicant sought regular bail on the grounds of completion of investigation, delay in filing the FIR, absence of medical evidence, and alleged non-involvement in the crime – Held: Filing of the chargesheet does not constitute a substan...
Criminal Law – Narcotic Drugs and Psychotropic Substances Act – Bail Application – Rejection – Bail under Section 37 – Stringent Conditions – Petitioner Amritpal Singh filed for regular bail in a case registered under Sections 8(c)/21(c)/23(c)/29 of the NDPS Act for alleged involvement in drug trafficking. The case involved smuggling of 102.784 kg of heroin conc...
Public Servant – Necessity of Sanction for Prosecution – Section 19 of PC Act and Section 197 of CrPC – Charges Quashed – The petitioner, who was the Sarpanch at the time of the alleged offense, was charged under Sections 13(1)(c)(d) and 13(2) of the PC Act, and Sections 409 and 467 IPC, for misappropriation of public funds and forgery in connection with the construction of...
Negotiable Instruments Act – Quashing of Complaint Based on Compromise – Petition Allowed – The petitioner sought quashing of a complaint under Section 138 of the Negotiable Instruments Act, 1881, citing a mutual settlement between the parties – Held: Continuation of proceedings after a mutual compromise amounts to abuse of process of law – It was observed that the co...