Criminal Law – Bail Application – Online Fraud – Applicant, in judicial custody for alleged involvement in online fraud, sought bail. It was alleged that the applicant’s bank account was used for fraudulent transactions amounting to Rs. 13,11,900/-. The applicant contended that his account was misused by a friend without his knowledge. The prosecution, however, provided evidence suggesting the applicant was aware of and involved in the fraudulent activities [Paras 1-10].

Evidence and Investigation – Role of Account Holder – The court examined statements from the bank manager who noted unusual transactions in the applicant’s account and questioned the applicant, who initially claimed the funds were for business purposes. The manager’s testimony contradicted the applicant’s claim of reporting the matter to the police upon noticing irregularities [Paras 5-7].

Decision – Bail Application Rejected – Given the nature of the offense and the risk of repeat offenses if released, the court found no grounds to grant bail. The court emphasized that observations made in the bail order should not influence subsequent stages of trial [Paras 8-10].
 

Criminal Law – Conviction Based on Circumstantial Evidence Set Aside – Criminal Appeal against Trial Court's conviction for murder – Allegation of killing brother over property dispute – Evidence purely circumstantial with no direct eyewitness account – Prosecution's failure to establish motive convincingly – Suspicion alone insufficient for conviction – Held that chain of circumstances not complete to exclude hypothesis of innocence – Appellant acquitted.

Circumstantial Evidence – Requirements for Conviction – Analysis – Held – Prosecution failed to provide a complete and unbroken chain of evidence to link the appellant conclusively to the crime – Established principles demand exclusion of every hypothesis except the guilt of the accused – Appellant's presence and conduct insufficient to establish guilt beyond reasonable doubt. [Paras 28-32]

Recovery of Weapon and Clothes – Admissibility – Section 27 of Indian Evidence Act – Held – Recovery of the axe and blood-stained clothes did not meet the legal standards for admissibility – Prosecution failed to prove the exact disclosure statement as required under law – Recovery of items from open, accessible place further weakens the evidence. [Paras 32-40]

Conduct of Accused – Relevance under Section 8 of Evidence Act – Held – Conduct of the accused in recovery of items noted but insufficient to form sole basis for conviction – Apex Court’s caution that conduct alone cannot establish guilt for serious offenses like murder applied – Benefit of doubt granted. [Paras 41-46]

Abscondence of Accused – Legal Implications – Held – Mere abscondence cannot be construed as conclusive proof of guilt – Innocent individuals may also abscond due to fear of wrongful arrest – Not a determinative factor in absence of solid evidence. [Para 45]

Section 313 Cr.P.C. – Incriminating Circumstances – Failure to Put to Accused – Held – Crucial recovery evidence not presented to the appellant during his statement under Section 313 Cr.P.C. – Violates legal principles ensuring fair opportunity for defense – Weighs in favor of acquittal. [Para 44]

Decision: Appeal Allowed – Conviction and Sentence Set Aside – Appellant Acquitted. The trial court's judgment convicting the appellant under Section 302 IPC is overturned due to insufficient evidence and lack of conclusive proof. Appellant's bail bonds cancelled, sureties discharged. Compliance with Section 437A Cr.P.C. required within 15 days.

Writ Jurisdiction – Territorial Jurisdiction of High Court under Article 226 – Validity of forum selection clause – High Court of Calcutta holds jurisdiction despite forum selection clause specifying courts in Bhopal – Constitutional provisions under Article 226 cannot be contracted out – Part of cause of action arose within territorial jurisdiction of Calcutta High Court – Petitioners received rejection communication at Kolkata, affecting their business – Court's jurisdiction under Article 226 not ousted by forum selection clause [Paras 4, 6-7, 22-39].

Tender Evaluation – Applicability of Amendment No. 5 to EPC Tender Document – Notification dated August 31, 2016, prohibits amendments during offer submission period – Amendment No. 5 issued within fifteen days prior to bid due date – Held inapplicable to petitioners’ tender – Petitioners ineligible without the amendment [Paras 9, 41-49].

Bid Submission Requirements – Non-uploading of Appendix-IB with Technical Bid – Bid rejected as non-responsive – Tender terms required Appendix-IB with technical bid – Petitioners’ submission of Appendix-IB with financial bid insufficient – Authority’s interpretation given primacy – Decision to reject technical bid upheld [Paras 10-15, 51-57].

Decision – Dismissal of Writ Petition – Held – Petition dismissed as the decision-making process of respondent authorities adhered to tender terms and natural justice – No arbitrariness or unreasonableness found in rejection of petitioners’ bid – Costs not awarded [Paras 58-60].

Recruitment Process – Selection for Post of Constable – Alleged Irregularities – Petitioners successfully cleared written examination, Physical Efficiency Test (PET), Physical Measurement Test (PMT), and viva voce, yet appointment letters not issued – High Court examined the selection process and found procedural irregularities in rejecting candidates despite their qualifications – Directions issued for reconsideration of certain candidates.

Right to Fair Treatment – Impersonation Allegations – Held – Rejection of candidates on mere suspicion of impersonation without giving them an opportunity to respond is unjust – High Court directed authorities to process candidatures of two petitioners alleged to have impersonated, as no substantive evidence was provided, and to consider them for appointment based on merit.

Decision – Petition Partly Allowed – The High Court directed the respondents to process the appointments of Krishna Murari Kumar and Binod Kumar, found eligible but rejected on suspicion of impersonation – Authorities to complete this process within four weeks and accommodate in next available vacancies if current vacancies are filled – Age bar impediments waived for delayed processing – Remaining petitioners found ineligible based on marks secured compared to last selected candidates in respective categories.

Criminal Law – Quashing of FIR and Charge-Sheet – Revisional application under Sections 482 and 401 Cr.P.C. – Petitioner’s marriage dissolved by mutual consent under Section 13B of the Hindu Marriage Act, 1955 – Continuation of criminal proceedings under Sections 498A/406 IPC deemed abuse of process – High Court’s inherent powers invoked to prevent miscarriage of justice – FIR and charge-sheet quashed. [Paras 1-36]

Matrimonial Disputes – Settlement – High Court’s inherent powers – Analysis – Held – Parties resolved matrimonial disputes and obtained mutual consent divorce – Continuation of criminal proceedings counterproductive – Legal precedent supports quashing in cases of amicable settlements in matrimonial disputes. [Para 34-35]

Decision – Quashing of Criminal Proceedings – Court quashes FIR and charge-sheet against petitioner, citing abuse of process and resolution of matrimonial issues through mutual consent divorce – Recognizes necessity of applying inherent powers to prevent injustice. [Para 36-40]

Criminal Law – Anticipatory Bail – Application under Section 438 of the Cr.P.C – Petitioner sought anticipatory bail in connection with FIR No. 80/2024 registered at Police Station Crime Branch, Delhi for offences under Sections 21, 25, 29 of the NDPS Act – Information received regarding drug peddlers leading to the arrest of co-accused and recovery of 1010 grams of heroin – Petitioner named during the interrogation of co-accused – Petitioner alleged to be involved in drug trafficking syndicate – Petitioner absconding and failed to respond to notices under Section 67 of the NDPS Act – Application for anticipatory bail rejected. [Paras 3-13]

Evidence – Confessional Statements and Corroborative Material – Confessional statements of co-accused – WhatsApp conversations and Call Detail Records (CDRs) examined – Evidence indicating prima facie involvement of the petitioner – Court held that custodial interrogation necessary to uncover the entire drug syndicate. [Para 11-12]

Decision – Rejection of Anticipatory Bail – Court found no ground for granting anticipatory bail – Investigation at a nascent stage – Risk of tampering with evidence if bail granted – Application dismissed. [Para 13]

Civil Procedure Code – Condonation of Delay – Application under Section 5 of the Limitation Act, 1963 – Petitioners failed to file written statements within the prescribed period of 120 days as per Order VIII Rule 1 CPC – Petitioners sought condonation of delay of 125 days citing personal hardships and unavoidable circumstances – Trial Court dismissed the applications finding the reasons unsatisfactory – High Court held that procedural timelines should not impede justice where sufficient cause is shown – Delay condoned subject to costs. [Paras 1-22]

Condonation of Delay – Principles – High Court emphasized the directory nature of Order VIII Rule 1 CPC as interpreted in Kailash v. Nankhu (2005) 4 SCC 480 – Held – Courts must balance procedural compliance with the interest of justice – Exceptional circumstances and compelling reasons provided by the petitioners warrant condonation of delay. [Para 16-21]

Decision – Application for Condonation of Delay Allowed – High Court allowed the petition, set aside the Trial Court’s order, and directed that the written statements be taken on record – Imposed costs of Rs. 5,000/- each on petitioners payable to the respondent before the Trial Court. [Para 21-22]

Sexual Harassment at Workplace – Implementation of POSH Act – Writ Petition seeking directions to ensure compliance with POSH Act by constituting ICC – Court directs Respondent No.1 to take action as per POSH Act – ICC constituted, proceedings initiated but delayed – Petitioner’s identity to be protected – Directions issued for further proceedings despite winding up of the Respondent company – Applicability of Vishaka guidelines reaffirmed. [Paras 1-14]

Direction to Authorities – POSH Act – Court emphasizes the duty of authorities to ensure proper functioning of ICC in companies – Transfers case to appropriate jurisdiction for effective redressal – Failure of company to constitute ICC is no ground to leave complaints unaddressed – Orders issued to proceed with the complaint even if the company is wound up – Complainant’s protection under POSH Act ensured. [Paras 10-12]

Decision: Court directs Respondent No.1 to take action per the POSH Act and ensures ICC constitution. Application to implead additional respondent (CFO) allowed. Further proceedings directed with protection of petitioner’s identity. No merits addressed on the case. [Paras 12-14]

Territorial Jurisdiction – Writ Petition – RTI Act – Section 8(1)(j) – Forum Conveniens – Petitioner challenged the CIC’s order refusing disclosure of attendance records under the RTI Act. The court highlighted the principle of forum conveniens, noting that the SEEPZ-SEZ and concerned authorities were located in Mumbai, thus the High Court of Bombay was the appropriate forum. Petition dismissed on grounds of lack of territorial jurisdiction and lack of merit. [Paras 4-6]

Right to Information – Exemption from Disclosure – Personal Information – RTI request for attendance records deemed personal information. Section 8(1)(j) exempts disclosure of personal information unless justified by larger public interest. The CPIO correctly invoked Section 11 to seek consent from consultants, some of whom objected to disclosure. CIC upheld the CPIO’s decision, finding no overriding public interest. [Paras 7-11]

Personal Information – Definition and Scope – Court referred to Supreme Court rulings in Subhash Chandra Agarwal and Girish Ramchandra Deshpande, defining personal information broadly to include professional records and performance evaluations. Such information is protected from unwarranted invasion of privacy unless public interest demands disclosure. [Paras 8-10]

Motivation Behind RTI Request – Judicial notice taken of petitioner’s status as a disgruntled employee, suggesting RTI application aimed at settling personal scores rather than genuine public interest. [Para 12]

Decision – Petition dismissed for lack of territorial jurisdiction and absence of public interest in disclosure of requested information. [Paras 6, 11, 13]