NDPS – Bail Application for Intermediate Quantity Offense – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2024 – Sole accused in Crime No. 578/2024 sought bail after five months in custody, with contraband recovery already made and investigation completed – Prosecution alleged prior criminal involvement and argued against bail, citing risk of reoffending – ...
Criminal Law – Conviction for Murder and Destruction of Evidence – Appellants convicted for beating Rajinder Singh @ Bhura to death and disposing of his body – Trial court’s judgment based on testimonies of eyewitnesses, recovery of weapons, and forensic evidence – High Court reverses conviction due to significant inconsistencies and procedural lapses in the prosecuti...
Negotiable Instruments Act – Dishonored Cheque – Petitioner issued a cheque for Rs.20,00,000 to the respondent which was dishonored – Respondent filed a case under Section 138 of the N.I. Act – Petitioner sought production of original agreement via Section 91 Cr.P.C., alleging potential discrepancy in ink used for signatures [Paras 1-3].
Section 91 Cr.P.C. &nda...
Criminal Law – Vicarious Liability – Complaint Quashing: Complaint filed by National Housing Bank alleging violations under Section 29A of the National Housing Bank Act against the company and its directors – High Court quashed the complaint for non-compliance with the requirements similar to those in Section 141 of the Negotiable Instruments Act – Supreme Court held that t...
Jurisdiction of Special Court – Bar under Section 60 of Bihar Prohibition and Excise Act – The court upheld the decision of the Special Court which denied jurisdiction to release the seized vehicle under Section 60 of the Bihar Prohibition and Excise Act, 2016. The petitioner was directed to pursue alternative remedies as prescribed under the Act and Rules, such as moving the applicati...
Criminal Law – Bail – Petition for regular bail – Petitioner arrested with counterfeit currency notes – Prosecution case based on secret information and recovery by police – Petitioner claims false implication and non-recovery of counterfeit notes – Petitioner contends that counterfeit notes are toys and not genuine currency – Held – Petitioner in cu...
Criminal Law – Murder Conviction – Appellant convicted for the murder of his wife by setting her on fire – Trial court’s judgment affirmed – Appeal dismissed based on consistent dying declarations by the deceased to police and magistrates – Court finds no grounds for mitigating the charge under Section 302 IPC despite claims of intoxication [Paras 1-25].
&nbs...
Criminal Law – Aggravated Penetrative Sexual Assault – Appellant convicted of aggravated penetrative sexual assault on a child below twelve years under sections 5(m) and 5(l) of the POCSO Act, and sentenced to twenty years rigorous imprisonment with a fine of Rs.30,000/- for each offence – Conviction under sections 376AB, 375(a) and 354B IPC also recorded, but sentencing limited ...
Bail – Regular Bail in Suicide Case – Petitioners sought bail in a case under Section 306 IPC, alleging harassment leading to suicide – Court noted petitioners' long incarceration, lack of evidence examination, and Supreme Court’s bail principles – Bail granted considering prolonged detention without trial progression [Paras 1-15].
Suicide Note – Evidenti...
Non-Bailable Warrant – Issuance Without Execution Report – Petitioners challenged the orders issuing non-bailable warrants without the execution report of previously issued bailable warrants – High Court held that the Magistrate should have insisted on the execution report before issuing non-bailable warrants – Orders set aside [Paras 1-8].
Proclamation Under Section 82 ...