Criminal Appeal – Bail – Appeal against rejection of regular bail – Accused-appellant not named in FIR relating to murder and terrorist offences under IPC, Arms Act and UAPA – Bail application rejected by Additional Sessions Judge – Appeal preferred before High Court [Paras 1-2].
Bail Jurisprudence – Role of Accused – Confessional Statement of...
Criminal Law – Unlawful Assembly – House Trespass – Rioting – Trial Court Conviction – High Court Reappreciation – Appellants convicted for offences under Sections 143, 147, 148, 341, 427 and 452 r/w 149 IPC – Revision by de facto complainant against acquittal for offences under Sections 354, 395 and 511 r/w 376 IPC – Held: Prosecution failed to prov...
Criminal Contempt – Scandalising the Court – Repeated Allegations of Case Fixing and Corruption – Accused made reckless, false and unsubstantiated allegations against Members of Central Administrative Tribunal and Judges of the High Court in pleadings, affidavits, representations and oral submissions – Allegations included “case-fixing-deal-crime”, corruption, i...
Bail – Financial Fraud – International Transactions – Allegation of misappropriation of USD 1,25,000/- by petitioner while working as Finance and Admin Manager of informant company – FIR alleging opening of fraudulent company in Zambia, diversion of company funds, illegal withdrawals, and transfer of money to Indian bank accounts – Charge-sheet submitted and petitione...
Negotiable Instruments Act – Section 138 – Conviction and Sentence – Trial court convicted petitioner for dishonour of cheque and imposed sentence of one year simple imprisonment with compensation of Rs.18,00,000/- – Appellate court suspended sentence subject to deposit of 20% of compensation – Legality of such conditional suspension examined [Paras 1–3].
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Criminal Law – Double Jeopardy – Section 300 Cr.P.C. – Article 20(2) of Constitution – Petitioner sought quashing of trial at Karera, Madhya Pradesh on ground that he had already been tried and acquitted in a connected case by courts in Rajasthan – Held: Protection against double jeopardy applies only when second prosecution is for the same offence and by a court of c...
Criminal Law – Murder – Conviction based on circumstantial evidence and alleged eyewitness – Acquittal – Accused Nos.1 and 2 convicted by Trial Court under Section 302 read with Section 34 IPC for murder of husband of Accused No.2 by strangulation – High Court reappreciates evidence and finds that sole eyewitness (PW5), daughter of the deceased, turned hostile and did...
Anticipatory Bail – Scope of Section 482 BNSS – Petitioners accused of wrongful restraint, criminal intimidation and causing grievous hurt resulting in fracture – Prosecution alleged assault with iron rod in furtherance of common intention – Defence contended false implication due to political influence and counter-assault on petitioners supported by medical records –...
Criminal Law – Murder and Attempt to Murder – Conviction under Sections 302 and 307 IPC – Acquittal on Appeal – Appellant convicted by Trial Court for shooting deceased and injuring two others – High Court finds that prosecution failed to prove the case beyond reasonable doubt due to serious contradictions in ocular, medical and scientific evidence – Held: Convi...
Prevention of Money Laundering Act – Cognizance of Offence – Supplementary Complaint – Validity – Petition challenged order taking cognizance of supplementary complaint arraigning additional accused after cognizance had already been taken in original complaint – Held: Cognizance is taken of the offence and not the offender – Concept of “second cognizance&r...