Criminal Law – Bail – Criminal Breach of Trust and Cheating – Distinction Between Offences – Misappropriation of Government Funds – BNS, 2023 – Petitioner, a 63-year-old retired Superintendent from the Forest Department, was arrested for misappropriating ₹19.25 lakhs through unknown accounts – Final charge sheet filed but not yet numbered – Petitio...
Criminal Law – Acid Attack – Conviction under Sections 326/34 and 304/34 IPC – Appeals against conviction – FIR held ante-timed – Effect of ante-timing – FIR shown to be registered at 6:30 a.m. but evidence established that informant returned from Delhi only around 7:45 a.m. and FIR was lodged after consultation around 9:00 a.m. – Held: FIR clearly ante-ti...
Criminal Law – Appeal Against Conviction - Robbery – Contradictions in Prosecution Evidence – Benefit of Doubt – Conviction Set Aside – Acquittal -Appellants convicted for robbery under Sections 395/34 IPC challenged conviction citing discrepancies in witness testimonies regarding place, time of arrest, and recovery of stolen items – Court found material contrad...
Criminal Law – Murder – Section 302 IPC – Homicidal Death – The deceased was found in a half-naked condition with multiple injuries including head and brain injuries, abrasions, and nail marks – Post-mortem report and medical officer's testimony confirmed ante-mortem injuries and cause of death due to head and brain injury – The Court found the homicidal nat...
Criminal Law - Sections 8(c), 21, 25, 27-A, 28 and 29 NDPS Act – Appeal Against Acquittal – Scope of Interference – Presumption of Innocence – Trial Court Acquittal – Held: Appellate court can interfere only if findings are perverse or based on misreading of evidence – Where trial court view is a possible and plausible view, acquittal cannot be reversed merely b...
Criminal Law - NIA Act – Section 21 – Appeal against order framing charge – Maintainability – Held: order framing charge is interlocutory for purposes of appeal under NIA Act – appeals dismissed as not maintainable – remedy lies under Section 482 CrPC / Section 528 BNSS [Paras 1–20].
Criminal Procedure – National Investigation Agency Act...
Criminal Law – Bail – NDPS Act – Arms Act – Wildlife Offences – Grant of Bail in Multi-offence FIR – Prolonged Custody – Petitioners Rinku Thapar and Divyam arrested in connection with FIR alleging recovery of drug money, arms, wildlife articles, and narcotics – Petitioners in custody for over one year and two months – Charges framed, but trial...
Preventive Detention – Delay in Passing Detention Order – Live-Link Doctrine – Detenu involved in three FIRs under NDPS Act and enlarged on bail in all – Last prejudicial activity allegedly on 18.09.2024, but detention order passed only on 01.03.2025 – Held: Delay of nearly six months snapped the live link between alleged activities and purpose of detention – No...
Criminal Law – Suspension of Sentence – Condition to Deposit Compensation – Petitioners convicted under Section 138 NI Act sought suspension of sentence – Appellate Courts allowed suspension but directed 20% of compensation to be deposited – Petitioners challenged such conditions, citing financial incapacity or delay – Held: As per Division Bench ruling in Corom...
Criminal Law – Quashing of FIR and Charge-Sheet – Scope of Inherent Jurisdiction – FIR lodged alleging ridicule, abuse and intimidation – Charge-sheet filed for minor offences – Allegations against present petitioner vague and omnibus – No specific overt act attributed – Held: Continuation of proceedings would amount to abuse of process of Court – FI...