Bail – Jurisdiction of Magistrate – Offences under SC/ST Act and IPC Section 409 – Bail Order Set Aside - The learned Magistrate rejected remand of accused but also granted bail in offences triable by Sessions/Special Court including under SC/ST Act and Section 409 IPC – Held: Though rejection of remand was within discretion of Magistrate, granting bail was beyond jurisdiction – Victim not heard as required under Section 15A(3) SC/ST Act – High Court held Magistrate’s order granting bail without jurisdiction was legally unsustainable – Appeal partly allowed; remand rejection upheld, bail order set aside [Paras 6-13].

Criminal Law – Murder – Appeal Against Conviction  – Circumstantial Evidence – Last Seen Theory and Recovery of Bloodstained Articles – Conviction Set Aside - Appellant was convicted for murder of his foster daughter based solely on circumstantial evidence – Prosecution relied on last seen theory, recovery of bloodstained pant, and alleged improper motive – Court held last seen theory not proved due to lack of corroborative witnesses and uncertain timeline – Ownership of pant not established – No conclusive proof of motive or sexual assault – Chain of circumstances incomplete and failing the test in Sharad Birdhichand Sarda v. State of Maharashtra – Held: Prosecution failed to prove guilt beyond reasonable doubt, conviction unsustainable, appellant acquitted [Paras 14-24].

Bail - NDPS Offense – Commercial Quantity – Application of Section 37 – Bail Granted – Petitioner accused of possessing 71 Buprenorphine injections, constituting commercial quantity under FSL report – Despite applicability of statutory bar under Section 37, prolonged incarceration of 1 year and 5 months invoked constitutional protection under Article 21 – Held: Bail granted subject to strict conditions [Paras 6-11].

Clean Antecedents – No Prior Criminal Record – Considered Favorably – Petitioner had no criminal history and undertook not to indulge in any future NDPS Act offense – Assurance accepted as mitigating factor justifying conditional release [Paras 2, 4].

Prolonged Pre-trial Custody – Grounds for Bail – Article 21 Consideration – Noted by Court that trial had not commenced and petitioner was in custody for over 1.5 years – Delay in trial held to be unjustified restraint on liberty – Conditional liberty granted to ensure fairness and avoid irreversible injustice [Paras 10-13].

Comparative Precedents – Supreme Court Bail Orders Followed – Cited series of SC judgments including Chitta Biswas, Rajib Dey, and Tajmul SK cases granting bail in commercial quantity NDPS cases with long incarceration – Held: Constitutional guarantee of liberty prevails over statutory embargo when trial delay is substantial [Paras 9, 11, 12].

Firearm Restrictions – Bail Condition – Court imposed prohibition on possession of arms post-release, citing need to protect society and deter intimidation of witnesses – This measure based on preponderance of probability rather than certainty [Para 20].

Decision – Petition Allowed – Bail Granted – Regular bail granted to petitioner under strict compliance terms including personal bond, prohibition on weapon possession, and cooperation with trial – State at liberty to seek cancellation of bail upon any future NDPS offense by petitioner [Paras 15-26].
 

Criminal Law – Murder and Robbery – Appeal Against Conviction - Circumstantial Evidence and Last Seen Theory – Conviction Confirmed - Appellants convicted under Sections 302 and 392 IPC for murdering their employer and robbing his belongings – Prosecution relied on 'last seen together' evidence, mobile phone data, recovery of gold chain from jeweler, and blood-stained clothing – Court found that circumstantial chain was complete and unbroken – Held: No explanation provided by accused consistent with innocence; prosecution established guilt beyond reasonable doubt – Conviction and life sentence upheld [Paras 2–18].

Anticipatory Bail – Allegation of Abetment to Suicide – Grant of Interim Protection – Bail Granted - Petitioners (wife and son of deceased) sought anticipatory bail under Section 438 CrPC in FIR No. 431/2024 under Sections 306/34 IPC – Allegations included harassment of deceased and forced consumption of poison – Petitioners contended deceased had psychiatric illnesses, committed unnatural sexual acts, and had earlier been booked under FIR No. 428/2024 based on wife’s complaint – Deceased allegedly circulated a suicide note via WhatsApp blaming petitioners – Court considered long-standing psychiatric treatment records (since 1998), abusive behaviour by deceased, existence of prior FIR, and absence of custodial necessity – Held: Petitioners not required for custodial interrogation, anticipatory bail granted with conditions [Paras 1, 6-8, 13-18].

Arbitration – Commencement of Proceedings – Interpretation of Section 21 of Arbitration Act vis-à-vis Rule 9(4) of Karnataka Rules – Appeal Allowed - Appellants challenged Commercial Court’s order vacating interim injunction for non-initiation of arbitral proceedings within three months under Rule 9(4) – Court held that issuance of notice under Section 21 dated 18.01.2024 constituted valid commencement of arbitration – Delay in arbitrator appointment due to mediation and respondent’s resistance not fatal – Held: Trial Court erred in applying Rule 9(4); interim order rightly granted and continued until disposal of pending Section 11 petition [Paras 3-14].

Taxation Law - Wealth Tax – Urban Land – Building Under Construction – Taxability Upheld - ITAT excluded respondent’s land under construction from wealth tax by relying on Rohini Hotels case – High Court held this reliance misplaced in light of Supreme Court’s later decision in Giridhar G. Yadalam v. CWT which reversed Rohini Hotels – Held: Land with partially constructed buildings does not qualify for exclusion under Section 2(ea); exemption applies only when building is fully constructed and approved – Appeals allowed, ITAT orders set aside [Paras 3–23].

Criminal Law – Quashing of FIR – Allegations of Sexual Harassment and Intimidation – Petition Dismissed – Petitioner sought quashing of FIR under Sections 354, 354A, 506 IPC, alleging false implication by his niece-in-law – The Court noted that FIR disclosed specific acts of molestation and intimidation occurring over a sustained period – Held: Allegations, if taken at face value, prima facie disclosed commission of cognizable offences – Mere absence of such claims in parallel proceedings or assertions of malafide cannot justify quashing at preliminary stage – Petition dismissed [Paras 2–13].

Gratuity – Applicability of Payment of Gratuity Act to Zilla Parishad Employees – PG Act Held Applicable - Petitioners (Zilla Parishad, Washim) challenged orders of Controlling Authority directing payment of gratuity under the PG Act to retired health workers – Petitioners contended employees were covered under Maharashtra Civil Services Rules and hence excluded under Section 2(e) of PG Act – Court held Zilla Parishad is a local self-government body and not part of Central or State Government – In absence of exemption under Section 5 and in light of overriding Section 14, PG Act applies – Dismissal of petitions upheld validity of Controlling Authority’s orders including interest component – Held: Zilla Parishad liable to pay gratuity under the PG Act, with 10% interest from date of application till deposit [Paras 8-19].