Criminal Procedure Code – Compensation for Accusation without Reasonable Cause – The appellants, accused of involvement in a fight resulting in deaths, were granted bail with a condition to deposit Rs. 2 lakh each as compensation to the victims – Supreme Court held that the CrPC does not permit the imposition of such a condition at the stage of bail – Condition set aside [P...
Criminal Appeal jurisdiction of High Court - Powers under Articles 226 and 227 of the Constitution - Extent of jurisdiction - Whether High Court can go beyond considering the specific issue of granting or rejecting bail in a bail application - Court held that while the proper course of action for the High Court is to confine itself to the bail application, it can exercise its wide repertoire of po...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21 - Conviction under - Appellant convicted for possession of heroin under Section 21 of the NDPS Act - Recovery of contraband made from the appellant's hand - Non-compliance with mandatory provisions of Section 50 of the NDPS Act - Appellant's contention of false implication and lack of independent witnesses - Appellant acquit...
Criminal Appeal - Enhancement of sentence for serious sexual offenses against a minor - Appellant challenges leniency in the High Court's sentencing - Consideration of mitigating factors such as the accused's age, caste, and previous incarceration - Gravity of the offense and its impact on the victim emphasized - Sentencing principles applied to balance the rights of the accused with the w...
Criminal Law – Bail – Cancellation – Habitual Offender – Accused was involved in four criminal cases and had been convicted – While on bail, accused committed another offence and hatched a conspiracy from jail to commit murder – High Court cancelled the bail in another case due to involvement in heinous crimes while on bail – High likelihood of threat and ...
Externment Order – Legality – Appellant challenged externment order passed under Section 56(1)(a)(b) of Maharashtra Police Act – Order based on complaints by those targeted by appellant for misappropriation of public funds – Externment used as retaliatory measure – Supreme Court held externment order arbitrary and mala fide – Appellant’s complaints led to ...
Criminal Appeal – Constitutionality of Section 6A of the Delhi Special Police Establishment Act, 1946 – Whether retrospective or prospective application of the declaration of unconstitutionality – Reference to a larger bench for determination – Arguments regarding the applicability of Article 20 of the Constitution – Section 6A as a procedural provision – Nature...
Criminal Procedure Code, 1973 – Revisional Power – Opportunity of hearing to proposed accused – Violation of sub-section (2) of Section 401 of the Code – Appellants contend that while exercising revisional power, the High Court should have given opportunity of hearing to the proposed accused as they would be prejudiced by the order – Appellants rely on the interpretat...
Negotiable Instruments Act, 1881 - Section 138 - Offence of Dishonour of Cheque - Compounding of Offences - Consent of Complainant - Dishonour of Cheque - Petitioners filed an application for compounding of the offence under Section 138 of the Negotiable Instruments Act, 1881 - Lower courts dismissed the application for compounding - Petitioners contended that they were willing to pay the entire c...
Withdrawal of Petition – Petitioner seeks withdrawal of the special leave petition after initial arguments – Petition dismissed as withdrawn with observations on the need for uniformity in handling bail applications. [Para 1] Bail and Parity among Co-Accused – Case founded on claim of parity in bail, contrasting petitioner’s denial of bail with co-accused’s grant b...
