Negotiable Instruments Act – Compounding of Offence – Petitioners sought to compound the offence under Section 138 of the N.I. Act – Application dismissed by the appellate court due to lack of consent from the complainant – Court emphasized that consent of the complainant is essential for compounding under Section 147 of the N.I. Act – Distinguished from the Supreme C...
Mental Health – Competence to Stand Trial – Petitioner, suffering from paranoid schizophrenia with 95% mental disability, found unfit to stand trial – Multiple medical reports and testimonies confirm severe mental disorder – Court directs postponement of trial against the petitioner and continuation against co-accused – Emphasis on provisions under Sections 328, 329, ...
Bail in NDPS Cases – Prolonged Pre-Trial Detention – The court addressed the issue of prolonged pre-trial detention for the petitioners, emphasizing that they had been in custody for more than three years (or approximately two and a half years for some) without significant progress in their trials. The court highlighted that such extended detention, without the completion of trial, vio...
Bail Application – Regular Bail – Appellants accused of drug smuggling and financing terrorism – Held in custody for nearly four years – High Court granted bail emphasizing the constitutional right to speedy trial and personal liberty – Bail granted with strict conditions despite stringent provisions under UAPA and NDPS Act [Paras 1-29].
Constitutional La...
Criminal Law – Quashing of Proceedings – Petitioner Biplab Jana @ Rohit sought quashing of proceedings in Marishda Police Station Case No. 148 of 2015, charged under Sections 306/34 IPC for abetment of suicide – Allegations included continuous harassment and attempted molestation leading to the victim’s suicide – The petitioner claimed he was falsely implicated due to...
Maintenance – Quantum Determination – True Disclosure of Income and Assets – Petitioner challenged the order directing him to pay maintenance to the respondent – Contention that the petitioner's unemployment and lack of documentary evidence regarding income were not considered – Court emphasized the requirement of true disclosure of income, assets, and liabilities...
Bail in Economic Offenses – The court evaluated the petition for regular bail considering the principle that bail is the rule and jail the exception. It acknowledged the Supreme Court's stance that while the gravity of economic offenses warrants sensitivity, it does not justify an automatic denial of bail. The court emphasized the need to balance the liberty of the individual against the...
Pension and Gratuity – Withholding due to Criminal Cases – Petitioner, a former lecturer, sought release of pensionary benefits – Criminal cases pending but no conviction – No departmental proceedings initiated – Held, pendency of criminal cases without conviction is not a ground for withholding pensionary benefits – Cited precedents affirming pension as a right...
Quashing of FIR – Section 482 CrPC – Petitioner sought quashing of FIR alleging cheating, criminal breach of trust, and caste-based abuse – Allegations involved inducement to pay large sums to bribe judges – Court held FIR cannot be quashed as investigation is at a preliminary stage – Specific allegations of serious nature requiring investigation – Petitioner gr...
Criminal Law – Investigation Inadequacies – Final report submitted by IO in a rape case involving a minor, rejected by the trial court – Court directs further investigation considering multiple discrepancies and lack of thoroughness in the initial investigation – Emphasizes the need for IO to explore alternative leads and gather comprehensive evidence before concluding the ...