Criminal Law - Bail – Cancellation of Bail by Supreme Court – Fresh Bail Application – Maintainability – Petitioner sought regular bail under Section 439 CrPC after bail earlier granted by Supreme Court was cancelled for violation of bail conditions – Held: Where bail granted by the Apex Court is cancelled by the Apex Court itself for breach of conditions and without ...
Bail Cancellation – Long Pre-Trial Detention – FIR and Role of Accused – Bail Upheld – Accused not named in FIR – Implicated based on oral dying declaration and co-accused’s disclosure – High Court granted bail after six and a half years of incarceration – Co-accused already granted bail – Supreme Court held that there was no misuse of liberty ...
POCSO Act, 2012 – Cross-Examination of Child Victim – Forfeiture of Right – Appellants repeatedly sought adjournments on personal grounds of counsel despite presence of child victim on several dates – Trial Court closed further cross-examination after sufficient opportunity – Held: No illegality or violation of fair trial; forfeiture justified to protect child from re...
Limitation – Condonation of Delay – Criminal Revision – Delay of 168 Days – Application by State Instrumentality – Applicant sought condonation on grounds of administrative lapses, non-availability of staff, late receipt of file and multiple legal opinions – No cogent, credible or plausible explanation furnished for prolonged delay – Bald assertions withou...
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque – Concurrent Conviction – Revisional Interference Declined – Petitioner convicted by Trial Court and conviction affirmed by Appellate Court for dishonour of cheque of Rs. 6,00,000/- – Revision under Section 482 CrPC challenging legality and propriety of concurrent findings – Held: No perv...
Prevention of Corruption Act, 1988 – Sanction for Prosecution – Validity – Application of Mind – Sanction granted under Sections 19(1)(b) & (c) PC Act to prosecute public servant for alleged disproportionate assets challenged – Held: Sanction is not an idle formality and must disclose due application of mind to all relevant material – Mechanical sanction ign...
Prevention of Corruption Act, 1988 – Demand and Acceptance of Bribe – Proof – Conviction Sustained – Accused, District Officer, Ground Water Department, demanded and accepted illegal gratification from PW1 and PW2 for providing employment as casual labourers and from another person for appointment as driver – Evidence of PW1, PW2 and PW3 consistently proved demand and...
Bail – Murder Case – Section 483 BNSS – Prolonged Custody – Grant of Bail – Petitioner sought regular bail in FIR alleging murder by firearm pursuant to criminal conspiracy – Prosecution case based primarily on two eye-witnesses – One eye-witness (PW-6) turned hostile and did not support prosecution even after cross-examination – Other eye-witness (P...
Bail – Murder and allied offences – Sections 191, 103, 329 BNS – Accused sought bail under Section 483 BNSS – Prosecution alleged brutal group assault resulting in death – Offences punishable with death or life imprisonment – Held: Gravity of offence alone not decisive for denial of bail when similarly placed co-accused have been enlarged on bail [Paras 3–...
NDPS Act – Regular Bail – Recovery of Heroin – Section 37 Rigours – Petition under Section 483 BNSS seeking regular bail in FIR for offences under Sections 21, 22, 27-A and 29 NDPS Act – Recovery of 258 grams of heroin attributed to petitioner, which is more than non-commercial quantity – Held: Rigours of Section 37 NDPS Act squarely attracted and bail can be gr...