Bail and Surety Bond Forfeiture – Unwarranted Issuance of Non-Bailable Warrants – The trial court's mechanical issuance of non-bailable warrants against the appellant, Major Singh, on account of his single absence on 20.12.2022, challenged – Petitioner contends violation of procedure prescribed under CrPC Sections 73, 82, and 446. [Paras 3, 6-7, 9, 13, 27, 29-30]
...
Anticipatory Bail – Denial of anticipatory bail in a case involving economic offences and corruption – Petitioner, a revenue official (Patwari) involved in a land compensation fraud under the National Highway Act 1956 – Custodial interrogation necessary to uncover the extent of the conspiracy and financial implications – Bail denied due to the gravity of the offences and th...
Anticipatory Bail Application – Petitioner, a Horticulture Development Officer, sought anticipatory bail in FIR for corruption and forgery in land acquisition process – Alleged involvement in assisting in wrongful compensation claims for fruit trees during land acquisition by GMADA – Interim bail granted earlier, subject to conditions, but opposed by the state citing serious alle...
Regular Bail – Grant of Bail in FIR No. 122, dated 20.06.2020, under Sections 302, 201, 34 IPC – Petitioner seeks regular bail – No specific allegations against petitioner in FIR – Based on circumstantial evidence and no recovery from petitioner – Incarceration of over 3 years – Regular bail granted. [Paras 1, 3, 16]
Circumstantial Evidence – ...
Quashing of FIR – Petition filed for quashing FIR No. 129/2021 registered under Section 363 of IPC – Cognizance taken under Sections 366, 376, 376(2)(n), Section 5(1)(j)(ii), and Section 6 of The POCSO Act – Petitioner and victim married and have a child – Victim’s statement recorded under Section 164 of Cr.P.C. stating marriage and consensual physical relationship &n...
Application for Leave to Appeal Against Acquittal – Filed under Section 378(3) of Cr.P.C. against acquittal in a case under the N.D.P.S. Act – Accused acquitted by the Special Judge, N.D.P.S. Act, Neemuch, in Special S.T. No.32A/2018. [Para 1]
Facts of the Case – Secret information led to the interception of co-accused Indarmal with 2 Kg 600 grams of opium – Re...
Criminal Law – Bail – High Court granted bail to respondent-accused based on parity – Supreme Court reversed this decision – Emphasized that bail should not be granted mechanically and must consider the nature of the offence, severity of punishment, and prima facie involvement of the accused – Highlighted the need for reasoned orders reflecting judicial discretion and...
1. Criminal Law - Revision - Concurrent finding of conviction - Petitioner convicted under Sections 304-A IPC - Appeal dismissed - Revision against the concurrent finding of conviction - Petitioner acquitted based on the defense's version being highly probable - Benefit of doubt given to the accused. [Para 13]
2. Criminal Law - Evidence - Eyewitness testimony - Analysis of stateme...
Criminal Law - Quashing FIR - Challenging FIR and Proceedings – Petitioners, school authorities of Vivekanand School, challenged FIR and subsequent criminal proceedings related to the suicide of a student post admonishment for misconduct. [Paras 1-2, 4-5]
School Discipline and Social Control – Discussion on social control methods in schools; citing sociological theories an...
Criminal Law – Applicability of MCOCA – The High Court upheld the invocation of MCOCA against the appellant, who was involved in multiple cases of organised crime with the objective of gaining pecuniary and other advantages. The Supreme Court confirmed that the organised crime activities included violence, threats, and other unlawful means, satisfying the requirements under Section 2(1...