Regular Bail – Sections 331(4), 305, 112, 317(2), 238 of the of the BNS - Minor Theft – Delay in FIR – Interim Bail Confirmed – Petitioner charged under BNS for theft of a bicycle and shoes – CCTV evidence relied upon – FIR lodged after 10 days – Bicycle recovered – Petitioner remained in custody for over three months – Supreme Court jurisprudence emphasized presumption of innocence – Interim bail granted earlier was confirmed as petitioner had complied with all conditions – Petition allowed [Paras 3-7, 39].

Recidivism – Effect on Bail – Scope of Magistrate’s Powers – Held: Even habitual offenders are entitled to bail consideration on merits – Criminal history is a factor but not an absolute bar – Courts must assess role in present offence, risk of absconding, and possibility of reoffending – Recidivism cannot by itself extinguish power of Magistrates to grant bail [Paras 14-18].

BNSS 2023 – Powers of Magistrates under Section 480 – Clarification – Magistrates have jurisdiction to grant bail in all cases triable by them, including non-bailable offences, except when punishable with death or life imprisonment unless special reasons/provisos apply – Discretion must be exercised based on prima facie case and reasonable grounds – Directions issued that Magistrates must not shy away from granting bail in appropriate cases, even for repeat offenders [Paras 19-21, 29-34].

Compromise and Bail – Effect of Settlement – Held: Where victims do not oppose bail or compromise is recorded, such factors are relevant for bail even in non-compoundable cases – In cases under Section 138 NI Act or proclamation proceedings under Section 174-A IPC/209 BNS, compromise in the main offence should allow bail despite proclamation [Paras 35-37].

Systemic Concern – Judicial Hesitancy in Granting Bail – Court observed widespread reluctance among Magistrates to grant bail in cases triable by them – Noted that fear and lack of institutional support often leads to unnecessary custody of poor accused – Directed registry to circulate judgment to all judicial officers in Punjab, Haryana, and Chandigarh [Paras 10-12, 38].

Final Decision – Petition Allowed – Interim bail made absolute – Directions issued clarifying powers of Magistrates under BNSS to ensure fair and consistent bail practice [Para 39].

RERA Appeal – Pre-deposit Requirement – Section 43(5) of RERA Act – Appeal Dismissed – The Appellant Welfare Society challenged the RERA Appellate Tribunal's dismissal of its appeal for non-compliance with pre-deposit mandate, arguing that it was not a "promoter" under the Act – Held: Constitutional validity of Section 43(5) already upheld by the Supreme Court – Non-compliance with mandatory pre-deposit justified dismissal of appeal [Paras 1-2, 26].

Definition of "Promoter" – Applicability to Welfare Societies – Section 2(zk) of RERA Act – Expansive Scope – The Court held that the definition of "promoter" is wide enough to include welfare societies, co-operative housing societies, and other juristic persons acquiring land for development of residential flats for members – Profit motive not essential – Legislative intent is to regulate construction and protect homebuyers, even where development is for members only [Paras 11-22].

Societies as Juristic Persons – Section 6 of Societies Registration Act – Welfare society is a "body corporate" capable of owning property, allotting land to members, and falling within the definition of "person" under Section 2(zg) of RERA Act – Thus, appellant society covered under "promoter" definition despite not yet constructing apartments [Paras 16-20, 23-24].

Precedent – Interim Orders – No Binding Effect – The appellant relied on an interim stay in a connected matter – Held: Interim orders do not have precedential value and cannot override statutory requirements [Para 25].

Decision – Appeal dismissed in limine for non-compliance with Section 43(5) and appellant held to be a "promoter" under RERA Act [Para 26].

Civil Law - Partition Suit – Withdrawal by Plaintiff – Order 23 Rule 1 CPC – Memo to Withdraw Dismissed – In a family partition dispute, plaintiff sought withdrawal of suit after 11 years, citing settlement and acceptance of prior partition deed – Respondents 1 & 2, legal heirs of original defendants, objected, asserting right to seek share – Trial Court, relying on Division Bench ruling in Smt. Gowramma v. Nanjappa, held plaintiff and defendants in partition suits stand on equal footing and withdrawal cannot defeat defendants’ claim – Allowed objecting defendants to be transposed as plaintiffs – High Court upheld, reiterating settled law that any defendant in a partition suit claiming share is deemed a co-plaintiff, entitled to continue suit if plaintiff withdraws – No perversity or legal infirmity in impugned order – Revision dismissed [Paras 8-19].

Family Law - Domestic Violence Act - Interim Maintenance – Ex Parte Order – Right to Be Heard – PWDV Act – Orders Conditionally Set Aside – The petitioner challenged the ex parte interim maintenance granted under Section 12 of the PWDV Act, claiming denial of opportunity to file objections – Both the Nyayadhikari and Sessions Court rejected this contention, finding that the petitioner was granted sufficient opportunity but failed to avail it – Held: In the interest of justice, the interim order is liable to be reconsidered after hearing the petitioner, subject to deposit of arrears – The matter is remanded to the Nyayadhikari for fresh consideration [Paras 4–6].

Failure to Comply with Maintenance Order – Judicial Consequences – The petitioner had not paid any maintenance amount since the interim order was passed in 2018 – The High Court noted that continued non-compliance could not be overlooked – Held: The petitioner is required to deposit Rs.1,68,000/- towards arrears for a period of two years within 30 days – Non-compliance would result in continuation of previous orders including that of the Sessions Court [Para 6].

Conditional Remand – Balancing Natural Justice and Equity – The Court exercised judicial discretion by granting a fresh hearing opportunity, conditional upon partial compliance – Held: If the petitioner complies, the Nyayadhikari shall hear the matter afresh and decide on entitlement to interim maintenance – The deposited amount shall be released to the aggrieved person if maintenance is again awarded; otherwise, to be dealt with per final order – Ensures both procedural fairness and accountability [Para 6].

Decision – Interim Maintenance Orders Set Aside Conditioned Upon Deposit – Revision Petition Disposed – The High Court set aside the orders passed by the Nyayadhikari and the Sessions Court, subject to deposit of Rs.1,68,000/- within 30 days – Directed reconsideration of the interim maintenance claim after hearing the petitioner – Failure to deposit would result in all previous orders remaining valid and enforceable [Para 6].

Criminal Law - Murder – Circumstantial Evidence – Conviction Set Aside – Appeal Allowed – Acquittal - Appellants convicted under Section 302 IPC for killing victim Pratap Mondal—Prosecution case rested on prior enmity, recovery of tangi (axe) at instance of accused, and last-seen theory from PW-4—High Court found no eyewitnesses, last-seen evidence unreliable due to contradictions, hostile witnesses undermining prosecution, and no forensic link between seized weapon and crime—Motive not established—Chain of circumstances incomplete; benefit of doubt extended—Conviction and life sentence set aside; appellants acquitted [Paras 18-27, 40-42].

Last-Seen Theory – Court held that time gap between alleged sighting and discovery of body was significant; PW-4’s version contradicted by his own prior statement—Such evidence insufficient without corroboration [Paras 22-24].

Recovery of Weapon – Seizure of tangi from pond at instance of accused lacked evidentiary value; no blood or forensic proof linking weapon to offence [Paras 25-26].

Decision – Appeals allowed; judgment of conviction in Sessions Trial No. 1(4)/2016 dated 23.09.2021 set aside; appellants to be released forthwith if not wanted in any other case [Para 42

Criminal Law - Sexual Assault on Minor – Conviction Under Section 6 POCSO – Appeal Dismissed – The appellant challenged his conviction under Sections 363/367/323/342/506/377 IPC and Section 6 POCSO on grounds of inconsistencies in timelines and lack of recovery – Held: Testimony of the 9-year-old victim was clear, cogent, and consistent – Independent eyewitnesses corroborated the sequence of events – Medical evidence supported both the victim’s and the accused’s injuries – Appeal dismissed and conviction upheld [Paras 1–3, 7–8].

Victim Testimony – Child Witness Statement Found Reliable – Court Reiterates Evidentiary Value – The child’s detailed account of the assault, his abduction, and threats by the accused were consistent with his initial statement and trial deposition – Court held child’s testimony was truthful and supported by eyewitnesses Seema (PW3), Lakshan Rana (PW4), and Bhawna Sharma (PW2) – No reason found to doubt veracity [Paras 6–7].

Inconsistencies in Timelines – Not Fatal to Prosecution – Minor Discrepancies Explained – The appellant contended that variations in witness accounts regarding time of incident undermined credibility – Court held that minor discrepancies are natural in traumatic incidents and do not affect core prosecution case – Alleged delay in DD entry irrelevant in light of overwhelming evidence [Para 6].

Applicability of POCSO – Section 6 Properly Invoked – Ingredients Met – Court held that evidence on record established penetrative sexual assault under Section 3(a) and Section 5(m) of POCSO – The presumption under Section 29 stood unrebutted by the defence – Argument that Section 6 was not attracted found to be specious and rejected [Paras 7].

Medical Evidence – MLC Corroborates Allegations – Physical Injuries on Victim and Accused – MLC of victim revealed injuries to face and chest, consistent with assault – Accused’s MLC also reflected injuries from public apprehension – Court held medical reports reinforced credibility of prosecution witnesses and sequence of events [Para 7].

Decision  – Sentences Upheld – Appellant to Undergo Concurrent Imprisonment – Court upheld rigorous imprisonment of 10 years each under Section 377 IPC and Section 6 POCSO – Additional sentences under other IPC sections to run concurrently – Benefit of Section 428 CrPC retained – Appeal dismissed [Paras 8–9].

Criminal Law - Murder – Circumstantial Evidence – Conviction Upheld – Appeal Dismissed – Appellants convicted under Sections 302, 120B IPC for murdering railway employee Hanuman Rai in his quarter—Prosecution relied entirely on circumstantial evidence: CCTV footage placing accused near crime scene, CDR/SDR data showing last call from accused Mobarak to victim minutes before phone switched off, recovery of victim’s OPPO mobile from co-accused Jakir, matching blue shirt button found at scene with Mobarak’s shirt, and medical evidence of manual and ligature strangulation—Motive proved through blackmail over homosexual relationship—Court held chain of circumstances complete, electronic evidence lawfully admitted under Section 65B Evidence Act, and recoveries admissible under discovery rule—Conviction and sentence affirmed [Paras 10-27].

Electronic Evidence – Admissibility – CDRs and SDRs supported by Section 65B(4) certificate, authenticated by telecom nodal officers—Cell tower location data corroborated presence of accused at crime scene—Combined with CCTV footage and recovery evidence, formed conclusive link to guilt [Paras 22-25].

Motive – Revenge Against Blackmail – Evidence showed accused Mobarak was repeatedly coerced into sexual acts by victim and blackmailed with obscene videos—Motive found credible and consistent with sequence of events [Paras 17-18, 26].

Decision – Criminal appeal dismissed; conviction and life sentence under Sections 302/120B IPC affirmed; no interference warranted [Paras 27-29].

Criminal Law - Quashing of Proceedings – Section 498A IPC – Petition Dismissed – Petitioner sought quashing of GR Case No. 1569 of 2023 arising from complaint by wife alleging physical and mental cruelty—FIR contained no dowry demand but alleged assault and neglect—Court held that FIR is not required to detail every incident; absence of wife’s presence in proceedings and petitioner’s inability to serve her notices suggested possible neglect—Though some arguments favoured petitioner, quashing not proper under Section 482 CrPC at this stage—Liberty given to raise all points at charge-framing before Trial Court [Paras 2, 4, 6-7].

Scope of Section 482 CrPC – Court reiterated that jurisdiction should be exercised sparingly to prevent abuse of process—Quashing permissible only when FIR fails to disclose any cognizable offence—Neglect of spouse and children may, prima facie, amount to cruelty under Section 498A IPC depending on evidence [Paras 6-7].

Decision – Criminal revision dismissed; liberty granted to petitioner to agitate defences before Trial Court at charge-framing; no costs; interim orders vacated [Para 8].

Criminal Law - Rape and Murder of Minor – Circumstantial Evidence – “Last Seen Together” – Sections 302 & 376AB IPC, Section 5/6 POCSO Act – Conviction Upheld – Appellant, related to victim, was last seen with her by four witnesses on the night of the incident – Victim found dead next morning with bleeding from private parts – Medical evidence established homicidal death due to smothering and probable sexual assault – Defective investigation (no DNA test, no seizure of accused’s clothes) did not vitiate trial – Presumption under Section 29 POCSO Act applied – Accused failed to discharge burden under Section 106 Evidence Act – Conviction for rape and murder affirmed [Paras 38–42, 49–52, 55–57, 61–62].

Defective Investigation – Impact on Prosecution Case – Law reiterated that lapses in investigation (non-conduct of DNA profiling, seizure lapses) alone cannot lead to acquittal if other trustworthy evidence exists – Court’s duty to assess remaining credible material and separate grain from chaff – Here, last seen evidence of multiple natural witnesses corroborated by medical and circumstantial evidence sufficient for conviction [Paras 52–53, 58–59].

Partial Penetration – Proof of Rape – Medical Evidence – Rape is a legal term and even partial penetration suffices – Absence of injuries on private parts not fatal when bleeding from genitals of 8-year-old victim recorded in inquest and postmortem, and human blood found on her clothes – Sexual assault proved [Para 57].

Sentencing – Death Penalty – Rare and Exceptional Cases – Principles – Considering aggravating factors (tender age of victim, trust reposed, heinous nature) and mitigating factors (young age of accused, no prior criminal antecedents, possibility of reform, case based on circumstantial evidence) – Death penalty held not warranted – Sentence for Section 302 IPC commuted to life imprisonment for minimum 25 years without remission; sentence for Section 376AB IPC reduced to 20 years rigorous imprisonment; fines imposed – Reference for confirmation of death sentence dismissed [Paras 66–71].