Robbery with Deadly Weapon – Section 397 IPC – Conviction of appellant under Sections 392 and 397 IPC challenged – Prosecution failed to prove use of firearm by appellant – Co-accused alone used the firearm – Charge under Section 397 IPC requires offender to use deadly weapon – Appellant’s involvement proved for robbery under Section 392 IPC but not under ...
Anticipatory Bail – Cancellation of High Court Order – State of Haryana appeals against anticipatory bail granted to the respondent, Dharamraj, by the High Court of Punjab and Haryana – Respondent declared a proclaimed offender and accused under various sections of IPC – Supreme Court finds High Court's grant of anticipatory bail improper. [Para 2-3, 13]
Proclaimed O...
Criminal Appeal – Leave Granted – Appeals arise from orders of the High Court in an application filed under Section 482 of the CrPC – Appellant challenges High Court’s decisions to allow amendment of application and to set aside prior orders by the Chief Judicial Magistrate (CJM). [Para 1-3]
Factual Background – Appellant alleges attack on his family by respondents...
Prolonged Incarceration without Trial Progress – Appellant in custody since 9th April 2021, with minimal trial progress despite High Court's order for completion within six months – Only 5 out of 25 witnesses examined – Issue of prolonged incarceration without trial conclusion highlighted.
High Court's Inconsistent Bail Grant – High Court's recognition of th...
Culpable Homicide Not Amounting to Murder – Sentence Reduction – Incident arose from a sudden quarrel over land dispute – No premeditation or preplanning – Appellant convicted under Section 304 Part II IPC – Sentence reduced from ten years to two years rigorous imprisonment with a fine [Paras 1-13].
Background of Dispute – Civil Suit Pending – Dispute o...
Criminal Appeal – Jurisdictional Competence for Trial – Discussion on appropriate judicial forum for trial of appellant charged under IPC and other acts – Concerns over trial by Court of Chief Judicial Magistrate with limited sentencing power for offences punishable with life imprisonment or 10 years imprisonment under Section 409 IPC – Analysis of jurisdiction under Cr.PC ...
Appellant's Involvement in Money Laundering – Alleged acquisition of tainted properties using proceeds of crime – Question of whether the appellant, not an accused in the predicate offence, can be implicated under PMLA. [Paras 6, 16-17]
Criminal Conspiracy and Predicate Offence – Interpretation of Section 120-B of IPC in the context of PMLA – Held that Section 120-B ...
Murder – Cancellation of Bail – High Court granted bail to the accused without adequate reasoning – Accusations are serious, involving murder and attempted murder – High Court’s orders set aside – Respondent to surrender [Paras 1-32].
Grant of Bail – Judicial Discretion – Courts must consider the nature of accusations, severity of punishment, and ...
Anticipatory Bail - Cancellation - Non-cooperation with investigation - Respondent High Court canceled the anticipatory bail granted to the petitioner on grounds of non-cooperation with the investigation and failure to respond to the Investigating Officer's calls - Supreme Court declined to interfere with the impugned orders passed by the High Court, upholding the cancellation of anticipatory ...
Charge Sheet Quashing – Allegations of Marital Cruelty and Dowry Demands – Appeal by Mahalakshmi & Ors. Against the charge sheet for offenses under IPC Sections 498A, 506 and Dowry Prohibition Act Sections 3, 4 – Allegations deemed vague and general without specific evidence against appellants.
Residency and Absence of Specific Allegations – Appellant No. 1, Mahalak...