Criminal Law – Discharge Application – Appellant challenged the dismissal of his application for discharge under Section 227 of the Cr.P.C. – Alleged possession of disproportionate assets during his tenure at BSFC and ONGC – Initial investigation found allegations false but FIR registered 12 years later – Charge sheet filed seven years after FIR registration – A...
Criminal Law – POCSO Act – Non-reporting of Sexual Assault – Respondent, a medical practitioner, accused of failing to report sexual assault on minor tribal girls despite knowledge – High Court quashed FIR and chargesheet – Supreme Court emphasized that non-reporting of such crimes is serious and often shields offenders – Quashing of FIR and chargesheet at thres...
Criminal Law – Review Petition – Appellant, convicted for involvement in the 2000 Red Fort attack, challenged the death penalty – Supreme Court considered admissibility of Call Data Records (CDRs) without certification under Section 65B of the Evidence Act – Previous judgments by Trial Court, High Court, and Supreme Court affirmed in the backdrop of the law prior to the dec...
Criminal Law – Cancellation of Bail – Grounds for cancellation of bail for the co-accused were identical to those for the present respondents – Supreme Court held that once bail for the co-accused was cancelled, bail for the present respondents also required cancellation – High Court failed to consider the gravity of the offence and eyewitness identification in its bail ord...
Criminal Law – Circumstantial Evidence – Identification of Deceased – The Supreme Court held that identification of the deceased through superimposition is acceptable as opinion evidence but generally not relied upon solely due to its fallibility. In the absence of supporting medical evidence like a DNA report or post-mortem report, conviction based solely on superimposition is r...
Bail Application - Economic Offenses - Grant of bail - Conditions - The court held that the accused, who was charged with economic offenses of significant magnitude, was entitled to bail pending trial on stringent conditions to allay apprehensions expressed by the investigating agency. The court emphasized the need to balance the accused's liberty with the necessity of a fair trial and imposed...
Bail application under Section 439 CrPC – Petitioner charged under Section 21 of NDPS Act – Petitioner seeks bail on the ground that the quantity of contraband is less than commercial and rigours of S. 37 of NDPS Act do not apply – Criminal antecedents of petitioner – Court to consider role of accused, possibility of fleeing, and other circumstances – Previous crimina...
Application for pre-arrest bail in ECIR related to money laundering and misuse of Delhi Waqf Board funds - Accused Amanatullah Khan, MLA, involved in illegal activities and financial irregularities - Allegations of acquiring proceeds of crime through corrupt activities - Money laundered in property purchases through associates - Non-cooperation with the investigation by repeatedly failing to respo...
FIR quashing - Compromise between parties - Offences under Section 307 IPC and Arms Act - Family dispute - Heinous and serious offences - Habitual offender - Petitioners sought quashing of FIR based on compromise - Specific and grave allegations against the petitioners - Petitioner No.1 fired shots with intent to kill complainant - Recovery of fired cartridges - Held, offences under Section 307 IP...
Criminal Bail Petition - Regular Bail - FIR registered under various sections including the Petroleum and Minerals Pipelines Act, Explosive Substances Act, and Prevention of Damage to Public Property Act - Petitioner not named in original FIR, implicated based on disclosure statements of other arrested accused - Petitioner in custody since 23.08.2022, none of the 30 prosecution witnesses examined ...