Bail - Anticipatory Bail - Grant of - Conditions - FIR registered against the petitioner under Section 306 IPC - Petitioner apprehending arrest - Petitioner being a first-time offender with no criminal antecedents - Custodial investigation and pre-trial incarceration causing irreparable injustice – Prima facie analysis of the nature of allegations does not justify custodial or pre-trial inca...
Penal Code, 1860 – Section 302 read with Section 34 – Murder – Common Intention – The appellants were convicted of murder based on the consistent, natural, and trustworthy testimony of key witnesses. The alleged omissions, such as not seizing the motorcycle or the gold chain of one of the victims, do not discredit the prosecution's evidence. The motive for the crime was...
Anticipatory Bail – Grant of – Seriousness of offence and need for custodial interrogation – Balance between individual rights and interests of justice – Land forgery and fraud – Prima facie evidence of fraudulent transactions – Suspicion regarding authenticity of documents – Elderly and vulnerable victims – Necessity of thorough investigation &ndash...
Bail Conditions - Modification - Furnishing of Local Surety - Jurisdiction - Violation of Article 14 of the Constitution - The petitioner, a resident of Uttar Pradesh, seeks modification of the bail condition requiring a local surety with immovable property within the jurisdiction of the trial court in Chandigarh. The petitioner argues that his relatives have immovable property in SAS Nagar, Mohal...
Section 143A of the Negotiable Instruments Act, 1881 – Interim Compensation – Order of deposit of 10% of the amount of a dishonored cheque – Tenability – Whether the order can be made before the accused enters a plea of “not guilty” – Held, interim compensation under Section 143A(1)(a) can be granted only when the accused pleads not guilty to the accusatio...
Criminal Appeal – Conviction and sentencing under Section 302 IPC – Appellant challenged the High Court's affirmation of conviction and life sentence for murder – Primary contention involved delay in FIR and absence of direct evidence linking appellant to administration of poison. [Para 1-5]
Delayed FIR – Examination of whether a one-year delay in FIR registration im...
Criminal Procedure – Protest Petition Against Order Taking Cognizance – Inappropriateness of High Court’s Reference to Nupur Talwar Case – High Court erred in applying the principle of the Nupur Talwar case to the present matter, where the protest petition was against an order taking cognizance. The appellants successfully challenged the High Court’s judgment that inc...
Criminal Procedure – Uniform Criminal Practice Rules – The Supreme Court recognized inconsistencies and inadequacies in criminal trials across various High Courts. To address these, the Court proposed Draft Rules of Criminal Practice 2021 and directed all High Courts to adopt these rules to ensure uniformity and efficiency in criminal trials. [Paras 1-19].
Draft Rules of Criminal Pr...
The appellant, an Assistant General Manager at the State Bank of India, Overseas Bank, faced charges under the IPC and the PC Act. He contested the proceedings, arguing that he was entitled to protection under Section 197 of the CrPC and that no sanction was granted under Section 19 of the PC Act.
Issues: Whether the appellant falls under the category of a public servant not removable from...
Criminal Appeal – Quashing of FIR – Allegations of sexual offences and assault – Appellants seeking quashing of FIR – Examination of the factual matrix and legal submissions – Absence of specific details in the FIR regarding date and time of alleged offences – Completion of investigation and readiness of charge sheet – Court’s duty to examine whether...