Anticipatory Bail – Absconding Accused – Murder Case – Accused named in FIR involving unlawful assembly, firing and death by gunshot – Accused absconded since date of incident and did not cooperate with investigation for about six years – Reward declared for arrest – Held: As a general rule, absconding accused not entitled to anticipatory bail – Exceptiona...
Look Out Circular – Nature and Scope – Coercive Measure – LOC is a coercive measure intended to secure presence of an accused who is deliberately evading arrest or judicial process and where there is likelihood of fleeing the country – Mere pendency of investigation or seriousness of allegations is not sufficient to justify continuation of LOC [Paras 44–45].
Crimin...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – Criminal complaint arising out of landlord–tenant/property dispute – Petitioners sought quashing of complaint case alleging offences under Sections 447/448/504/506/379/34 IPC – Civil suits between parties regarding declaration of tenancy, possession and injunction already pending – Held: Where all...
Criminal Law – Quashing of Proceedings – Section 482 Cr.P.C. – Obscene Posts on WhatsApp – Insult to Modesty of Woman – Sections 509 and 201 IPC, Section 67 IT Act, Section 120(o) Kerala Police Act – The petitioner/accused, a former hotel employee, posted sexually coloured obscene messages targeting CW1 (Human Resources Manager) in a WhatsApp group of present an...
Summoning order under Section 138 NI Act quashed for non-compliance of mandatory proviso to Section 202 Cr.P.C. – Accused residing in District Nainital summoned by Magistrate at Khatima, District Udham Singh Nagar without conducting any enquiry or investigation – Respondent’s liberty to pursue remedy afresh in accordance with law preserved.
“Summoning Without Safeguards&...
Bail – Economic Offences – AP Liquor Scam – Rs.3,500 Crore – Sections 409, 420, 120-B IPC and Prevention of Corruption Act, 1988 – Accused Nos.8, 35 and 36 sought regular bail in connection with alleged large-scale irregularities in Andhra Pradesh excise policy and APSBCL functioning – Accused No.8 alleged to be an Operations Commander managing kickback collecti...
Criminal Law – Section 302, 506, 120-B IPC - Murder – Criminal Conspiracy – Acquittal – Appellants convicted by Special CBI Court for the murder of Ranjit Singh on 10.07.2002, allegedly on the direction of accused No.1 Baba Gurmeet Ram Rahim Singh who suspected the deceased of circulating an anonymous letter alleging sexual exploitation of female disciples at Dera Sacha Sau...
Criminal Procedure – Cancellation of Bail – POCSO Offences – Bail granted after filing of chargesheet without considering gravity and prima facie materials – Trial Court earlier rejected bail noting incriminating materials but granted bail within 10 days solely on ground of submission of chargesheet – Held: Order granting bail suffered from non-application of mind and...
Anticipatory Bail – Allegations of Digital Harassment and Outraging Modesty – Accused allegedly seized victim’s mobile phone, accessed her Google account, changed credentials and published private photographs without consent – Prosecution alleged offences under BNS and Information Technology Act – Court examined First Information Statement and found absence of specifi...
Anticipatory Bail – Allegation of Rape and Circulation of Intimate Images – Applicant alleged to have forcibly had sexual intercourse with victim and later recorded and shared her nude videos – FIS revealed subsequent consensual relationship and victim’s earlier statement before Magistrate in missing case that she accompanied applicant voluntarily – Applicant married ...