Criminal Law – Bail – Implementation of Bail Orders – Wrongful Custody – Duty of Court Staff – Typographical Omission of One Section Not Ground to Withhold Bail Papers – Applicant granted bail by this Court in CRA No.1782 of 2026 vide order dated 19.02.2026 – Bail papers furnished on 20.02.2026 but Criminal Reader of the Special Judge's Court refused t...
Anticipatory Bail – Absconding Accused – Murder Case – Accused named in FIR involving unlawful assembly, firing and death by gunshot – Accused absconded since date of incident and did not cooperate with investigation for about six years – Reward declared for arrest – Held: As a general rule, absconding accused not entitled to anticipatory bail – Exceptiona...
Anticipatory Bail – Allegation of Rape and Circulation of Intimate Images – Applicant alleged to have forcibly had sexual intercourse with victim and later recorded and shared her nude videos – FIS revealed subsequent consensual relationship and victim’s earlier statement before Magistrate in missing case that she accompanied applicant voluntarily – Applicant married ...
Criminal Procedure – Cancellation of Bail – POCSO Offences – Bail granted after filing of chargesheet without considering gravity and prima facie materials – Trial Court earlier rejected bail noting incriminating materials but granted bail within 10 days solely on ground of submission of chargesheet – Held: Order granting bail suffered from non-application of mind and...
Criminal Law – Quashing of Proceedings – Section 482 Cr.P.C. – Obscene Posts on WhatsApp – Insult to Modesty of Woman – Sections 509 and 201 IPC, Section 67 IT Act, Section 120(o) Kerala Police Act – The petitioner/accused, a former hotel employee, posted sexually coloured obscene messages targeting CW1 (Human Resources Manager) in a WhatsApp group of present an...
Criminal Law – Section 302, 506, 120-B IPC - Murder – Criminal Conspiracy – Acquittal – Appellants convicted by Special CBI Court for the murder of Ranjit Singh on 10.07.2002, allegedly on the direction of accused No.1 Baba Gurmeet Ram Rahim Singh who suspected the deceased of circulating an anonymous letter alleging sexual exploitation of female disciples at Dera Sacha Sau...
Anticipatory Bail – Allegations of Digital Harassment and Outraging Modesty – Accused allegedly seized victim’s mobile phone, accessed her Google account, changed credentials and published private photographs without consent – Prosecution alleged offences under BNS and Information Technology Act – Court examined First Information Statement and found absence of specifi...
Criminal Procedure – Quashing of FIR – Allegation of Multiple FIRs – Petition under Section 528 BNSS read with Article 227 of the Constitution seeking quashing of FIR registered at Kohima North Police Station on ground that earlier FIR on same transaction had already been registered at Hare Street Police Station, Kolkata – Petitioners contended that continuation of second F...
Criminal Law – Quashing of Private Complaint – Section 406, 420, 465, 468 of the IPC - Suppression of Material Facts – Multiple complaints filed with varying allegations – First complaint disclosed only a monetary transaction involving transfer of Rs.36,05,066/- and repayment of Rs.8,85,000/- – Subsequent complaints suppressed the earlier complaint and introduced impr...
Preventive Detention – Subjective Satisfaction – Likelihood of Bail – Non-Application of Mind – Detention order passed on ground that petitioner was taking steps to secure bail for detenu and that in a similar case bail had been granted by High Court – Statement produced to show steps for bail was unsigned and undated – No material to establish likelihood of imm...