Criminal Law – Regular Bail – Section 306 IPC – Abetment to Suicide – Petitioner's alleged involvement in abetment based on a suicide note – Suicide note lacks specific instances implicating petitioner – No prior complaints by deceased or complainant against petitioner – Held: Grant of regular bail justified considering lack of direct evidence and prol...
Criminal Law – Regular Bail – NDPS Act – Petitioner's involvement in conspiracy alleged under Sections 20 and 29 NDPS Act – No recovery directly from petitioner – Petitioner not apprehended at scene, nor owner of implicated vehicle – Held: Grant of regular bail justified considering prolonged custody and arguable points on merits – Petitioner entitled ...
Criminal Law – DNA Sampling – Section 53-A CrPC – Petition challenging the trial court's order for the petitioner to provide a blood sample for DNA analysis was dismissed. The court upheld the order, referencing Section 53-A CrPC, which mandates DNA testing in rape cases to establish the connection of the accused with the crime. The petitioner’s claim of self-incriminat...
Criminal Law – Dishonour of Cheque – Deposit of Compensation – Petition against orders directing deposit of 20% of compensation awarded by the trial court under Section 138 of the Negotiable Instruments Act. The court held that, as per the judgment in Surinder Singh Deswal v. Virender Gandhi, the word "may" in Section 148 of the Act should generally be construed as &quo...
Criminal Law – Cheating – Section 420 IPC – The court, referring to the principle laid down in Damodar S. Prabhu v. Sayed Babalal (AIR 2010 SC 1097), held that it has the power to set aside a judgment of conviction on the basis of a valid compromise. Held that the judgment of conviction and sentence against the petitioner was set aside on the basis of a genuine and valid compromi...
Criminal Law – Bail Application – Section 439 CrPC – The court held that bail cannot be denied solely on the ground that the accused has multiple prior cases. The precedent set by the Supreme Court in Maulana Mohd. Amir Rashadi's case (2012(2) SCC 382) was applied, emphasizing that the role of the accused in the current case and other relevant factors must be considered. Held...
Criminal Procedure Code, 1973 – Negotiable Instruments Act, 1881 – Sections 138, 141 – Petitions for quashing complaints under Section 138 NI Act and summoning orders – Business dealings and transactions involving purchase of paddy crops – Cheques signed by co-accused/Director of the Company – Authorized person responsible for day-to-day business of the Company,...
Criminal Law – Bail – Predicate Offence – Money Laundering – High Court's Consideration of Bail under PMLA – Petitioner sought bail under Section 439 Cr.P.C. – High Court referred to Nikesh Tara Chand Shah case, ruling that the principle is of granting rather than denying bail. No evidence was provided by the prosecution indicating that the petitioner, if gr...
Criminal Law – Right to Conjugal Relations – Criminal writ petition seeking parole for conjugal relations and procreation within jail premises – Petitioner's husband, a convict sentenced to life imprisonment, classified as a hardcore criminal – Held, right to conjugal relations is not an absolute right – Convicted persons cannot enjoy the same rights as law-abidin...
Criminal Law – Perjury – Sections 191, 193 IPC – Section 340 Cr.P.C. – Application for maintenance under Section 125 Cr.P.C. – Concealment of employment and income – Wife joined as Assistant Professor before filing application – Held: Duty to disclose financial status to court – Concealment intentional and deliberate to obtain maintenance – Hig...