Criminal Law – Bail – Cancellation of Bail – Standards of Proof – Allegation of Witness Tampering Not Corroborated – Bail of Accused No.19 (a former investigating police officer) cancelled by trial court based on a complaint by CW-42 alleging inducement – High Court held that cancellation of bail requires proof on preponderance of probabilities, not beyond reaso...
Criminal Law – Review – Special Investigation Team – Constitution based on Religious Identity – Review petition filed by the State of Maharashtra seeking recall of directions mandating inclusion of Hindu and Muslim officers in the SIT investigating communal riots – Contention that such direction violates institutional secularism and amounts to religious profiling &nda...
Narcotic Drugs and Psychotropic Substances – Acquittal – Appellant convicted under Section 22(c) of the NDPS Act for alleged possession of 174 ampules of Lupigesic and 24 unlabelled ampules – Trial court sentenced appellant to 13 years of rigorous imprisonment with fine – Appellant challenged conviction citing procedural lapses including delay in production of contraband an...
Arms Act – Quashing of FIR – Conscious Possession – Live Ammunition – Petitioner, a US Army personnel and citizen, found carrying 9 live cartridges in his check-in baggage at IGI Airport – Claimed the ammunition was mistakenly left in bag by his father who holds valid arms license – No firearm recovered – Petitioner unaware of the presence of ammunition &n...
Criminal Law – Bail Cancellation – Pre-arrest Bail – Relationship and Misuse of Liberty – Respondent No. 2 granted pre-arrest bail in FIR under Sections 376, 506, 323, 34 IPC based on allegations of sexual assault over a prolonged period – Trial Court found prolonged relationship, absence of early complaint, and lack of evidence of coercion as relevant factors –...
Criminal Law – Rape – Hostile Witness – Acquittal – Prosecutrix (PW.1) turned hostile and denied the rape allegation – Admitted Ex.P1 (complaint) was written under police dictation – No injuries found – Medical report confirmed intercourse but not linked to the accused – No direct or circumstantial evidence – Held: Rape not proved beyond reason...
Criminal Law – Culpable Homicide Not Amounting to Murder – Conviction under Section 302 IPC altered to Section 304 Part II – Appellant convicted for stabbing wife during sudden quarrel in fit of rage while under influence of alcohol – Incident occurred at home with only minor daughter present – No evidence of premeditation or prior enmity – Knife used was kitche...
Criminal Law – Dishonour of Cheque – Section 138 NI Act – Appeal against Acquittal – Accused alleged to have taken Rs. 2,00,000/- as loan and issued two cheques which were dishonoured – Complainant served statutory notice and filed complaint upon non-payment – Trial Court acquitted the accused holding complainant failed to prove financial capacity and existence ...
Custody Parole – Attendance in Parliament – No Legal Entitlement – Appellant, an elected MP under UAPA custody, sought permission to attend Lok Sabha sessions on custody parole and challenged the imposition of expenses for police escort – Court held there is no constitutional or statutory right to attend parliamentary proceedings while in lawful custody – Participatio...
Prison Law – Furlough – Classification of Convicts – Constitutional Validity of Administrative Standing Orders – Petitioner convicted under Sections 304B, 498A, and 406 IPC – Sentence modified by Supreme Court and petitioner re-admitted to prison post-conviction – Application for furlough denied based on Clause F(3) of Standing Order No. 01/2019 which mandates a...