Criminal Law – Pardon to Accomplice – Revocation under Section 308 CrPC – Whether automatic on Public Prosecutor’s certificate – Expression “may be tried” confers judicial discretion – Pardon granted by judicial order cannot be revoked solely on certificate without Court forming prima facie opinion – Court must hear approver and examine whether...
Criminal Law – Quashing of FIR – Section 482 Cr.P.C. – Bar of Limitation – FIR under Section 304-A IPC – Alleged medical negligence leading to death during surgery – Incident dated 04.01.2015 – Challan filed in October 2019 – Offence punishable with maximum imprisonment up to two years – Petitioner contended cognizance barred under Section 468 ...
Criminal Law – Murder – Common Intention – Section 302/34 IPC – Accused armed with gun, farsa, bhala and lathi lay in wait in field and suddenly attacked deceased – Deceased dragged to field and brutally assaulted – Injuries multiple and grievous – Held: Conduct of accused in arriving together armed with deadly weapons, concerted assault and fleeing only a...
Anticipatory Bail – Time Limitation – Restricting Protection Till Filing of Charge-Sheet – High Court granted anticipatory bail but limited it till filing of police report – Fresh application rejected after charge-sheet – Held: Once discretion exercised in favour of accused, there was no justification to restrict relief till filing of charge-sheet – Filing of ch...
Mohammedan Law – Inheritance – Joint Family and Ancestral Property – Concepts of joint family property, coparcenary and ancestral property are wholly foreign to Mohammedan Law – Muslim succession is individual and heirs succeed as tenants-in-common in definite shares only on death – No right by birth and no presumption of joint family nucleus – Trial Court erred...
NDPS Act – Section 25 – Vicarious Liability of Owner of Conveyance – Appellant convicted on finding that he had purchased truck and knowingly permitted its use for transporting 2560 kg poppy straw – Evidence showed appellant not present at spot and not registered owner – No direct evidence of knowledge or consent – Held: Mere execution of agreement (Ex.P-3) insu...
Habeas Corpus – Arrest without Warrant – Communication of Grounds of Arrest – Petitioner contended that grounds were cyclostyled, vague and identical to reasons for arrest – Court examined Exts.P13 and P15 and held that detailed factual allegations specifying petitioner’s role in conspiracy and misappropriation were clearly stated – Held: Grounds were personal, ...
Habeas Corpus – Illegal Arrest – Non-supply of Written Grounds of Arrest – Arrest memo merely mentioning crime number and sections without disclosing specific grounds – Separate sheet of “grounds of arrest” not forming part of arrest memo and not attested as required under Section 36 BNSS – Held: Non-compliance with Article 22(1) of the Constitution and ma...
Bail – Economic Offences – Alleged Cheating in Land Transactions – Petitioner accused of inducing informants to part with approximately Rs.3.5 crores on promise of registration of sale deeds – Allegations of impersonation, forged documents and non-registration despite receipt of substantial consideration – Investigation resulted in charge-sheet – Held: While all...
Remission – Premature Release – Section 432(2) CrPC – Competence of Presiding Judge – Life convict’s prayer for premature release recommended by State Sentence Review Board – Judicial Department rejected release based on negative opinion of Chief Judge, City Sessions Court as successor to convicting Bench which ceased to exist – Held: In absence of origina...