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].

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].

Anticipatory Bail – Sections 177, 420, 506, 120B of the IPC - Section 67 of the Information Technology Act - Criminal Antecedents Disclosed in Second Petition – Maintainability – Petitioner, who had earlier withdrawn the bail petition for non-disclosure of criminal record, re-approached the Court with full disclosure – Held: Petition was maintainable and considered on merits [Paras 1–2].

Illegal Security Operations – Allegation of Unlicensed Security Agency – Bail Not Denied Solely for Lack of Uniform Submission – Petitioner was accused of running an unlicensed agency and defaming the complainant’s business online – Co-accused arrested but petitioner not pursued for custody – Held: Custodial interrogation not justified at this stage – Anticipatory bail granted subject to conditions [Paras 3–10].

Misuse of the Term “Bouncer” – Legal and Social Concerns – Judicial Observation – Court critically analyzed misuse of the word "bouncer" in private security roles – Highlighted the shift from civil protection to aggression and lawlessness – Emphasized on statutory terminology and duties under PSAR Act, 2005 and Punjab Rules, 2007 – Urged State to discourage such terminology and restore dignity to security personnel roles [Paras 11–24].

Decision – Anticipatory Bail Granted – Petition allowed with direction to cooperate with investigation and conditions imposed for future appearance – Remarks made are not to influence the trial – All pending applications disposed of [Paras 9–10, 25].

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].

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].

Insurance Claim – Non-Disclosure of Previous Policy – Proposal Form Left Blank – Claim Allowed - Petitioner’s wife died of heart attack; LIC repudiated death claim citing non-disclosure of earlier policy taken three months prior – Proposal form had column for previous policies left blank, allegedly under LIC agent’s advice – Court held: Mere omission in column 9 not deliberate suppression; LIC already held policy data, and failure to verify or seek clarification before issuing policy bond constituted waiver – Held: No fraudulent intent proved; rejection arbitrary and contrary to Section 45 and SC rulings – Impugned orders set aside; LIC directed to release insured amount within six weeks [Paras 10–28].

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].

Quashing Proclamation Proceedings – Non-Compliance with Section 82 Cr.P.C. – Declaration of Proclaimed Person Quashed – The petitioner was declared proclaimed person in proceedings under Section 138 NI Act and consequent FIR under Section 174-A IPC was registered – Held: Trial Court erred in straightaway issuing proclamation without prior steps of summons or bailable warrants, and without recording satisfaction regarding absconding – Proclamation proceedings vitiated due to non-compliance with Section 82 Cr.P.C. – Impugned order and FIR quashed [Paras 1-3, 12].

Cognizance under Section 174-A IPC – Bar under Section 195 Cr.P.C. – Prosecution Unsustainable – The Court held that offences under Section 174-A IPC are governed by the bar under Section 195(1)(a)(i) Cr.P.C. – Cognizance requires a written complaint by the concerned public servant and cannot be initiated by police report – Registration of FIR without a complaint violates mandatory procedural law – Proceedings under Section 174-A IPC quashed [Paras 7-10].

Mandatory Procedure under Law – Adherence to Article 21 – Due Process Violated – The Court emphasized adherence to fair procedure as integral to personal liberty under Article 21 – When law prescribes a manner for action, deviation renders subsequent proceedings void – Directing initiation of criminal action without following the statutorily prescribed complaint procedure under Section 195 Cr.P.C. is illegal [Paras 11].

Decision – Petition Allowed – Order declaring petitioner proclaimed person, consequential FIR and all subsequent proceedings quashed – Trial Court directed to proceed in accordance with law, ensuring procedural compliance under Section 82 Cr.P.C. and Section 195 Cr.P.C. [Paras 14].

Criminal Law - Motor Vehicle Accident – Rash and Negligent Driving – Sections 279 and 304(A) IPC – Conviction Set Aside – The accused was convicted by the Trial Court and the same was upheld by the First Appellate Court for allegedly causing death by rash and negligent driving – Held: Prosecution failed to establish rashness or negligence beyond reasonable doubt – Sole eyewitness PW-1 found to be unreliable, with contradictory testimony and no corroboration from other witnesses – Postmortem report indicated presence of alcohol in deceased’s body – Benefit of doubt extended to accused – Conviction and sentence quashed [Paras 12–20].

Eyewitness Testimony – Reliability – PW-1's Presence at Scene Disbelieved – PW-1 claimed to be eyewitness but admitted visiting hospital on call from accused and signing documents at police station – Held: Testimony found doubtful and inconsistent – No other eyewitness supported the prosecution version – Spot mahazar not supported by credible firsthand account – Conviction cannot rest solely on untrustworthy evidence [Paras 13–14].

Speed and Rashness – Mere High Speed Not Equivalent to Rash Driving – Reference to Supreme Court Judgment in State of Karnataka v. Satish (1998) 8 SCC 493 – Held: No material on record showing actual speed or driving behaviour of accused to infer rashness – High speed, without context, not enough to establish offence under Section 279 IPC [Paras 15–17].

Foreseeability and Contributory Negligence – Influence of Alcohol on Deceased – Postmortem showed strong traces of alcohol in deceased – Held: Prosecution failed to show foreseeability or breach of duty by accused – In absence of clear proximate cause linking accused’s conduct to the fatal accident, conviction unsustainable [Paras 18–19].

Final Decision – Acquittal Ordered – Revision allowed – Conviction and sentence by Trial and Appellate Courts set aside – Fine, if paid, to be refunded [Para 20].