Bail – NDPS Act – Non-Compliance with Section 42 – Allegation of Recovery of 150 Kg Poppy Husk – Petitioner argues non-compliance with mandatory provisions of Section 42 NDPS Act – Custody since January 5, 2023 – Right to speedy trial emphasized – Custody certificate indicates over 18 months in detention – Bail granted with conditions [Paras 1-10].

Right to Speedy Trial – Article 21 – Prolonged Pre-Trial Detention – Reference to Supreme Court rulings emphasizing the right to speedy trial as part of fair and just procedure under Article 21 – Case references: Hussainara Khatoon, Abdul Rehman Antulay – Bail granted considering prolonged custody and delay in trial [Paras 7-8].

Decision: The petition for regular bail is allowed. The petitioner is ordered to be released on regular bail upon furnishing adequate bail/surety bonds to the satisfaction of the trial court/duty magistrate. Conditions include non-tampering with evidence, non-intimidation of witnesses, regular court appearance, and non-commission of similar offenses. Breach of any condition will lead to prosecution's liberty to apply for bail cancellation [Paras 6-11]​​.

Criminal Procedure – Interim Maintenance – Challenge to interim maintenance order of Rs. 7,500/- (Rs. 4,000/- to respondent no.2 and Rs. 3,500/- to respondent no.3) granted by Family Judge – Revisionist’s claims of sufficient maintenance already being paid under Domestic Violence Act – Court considered financial obligations and rejected plea of loan repayment as grounds for reduction – Interim order upheld despite lack of detailed reasoning – Revision dismissed in limine [Paras 1-10].

Maintenance Obligations – Assessment of Financial Capacity – Revisionist’s assertion of Rs. 28,000/- salary and existing maintenance payments of Rs. 5,000/- under Domestic Violence Act considered – Court determined interim maintenance amount reasonable, not excessive – Loan obligations not deemed sufficient to reduce maintenance amount [Paras 6-9].

Decision – Revision Dismissed – Held – Order for interim maintenance of Rs. 7,500/- upheld – No interference warranted in the impugned order [Para 10].

Registration of Sale Deed – Legal Requirements and Judicial Review:

Appeals challenging the Single Judge’s decision to set aside the refusal of registration of a sale deed – Registration barred under Section 22-A of the Indian Registration Act, 1908 – Requirement of presenting the record of rights – Dispute over title and possession of land – Need for proper adjudication of title issues in civil court – Writ petitions under Article 226 not appropriate for resolving complex factual disputes over title [Paras 1-60].

Alternative Remedy – Section 77 of the Registration Act:

Statutory remedy under Section 77 of the Registration Act provides for filing a suit in civil court against refusal to register – Writ petitions should not bypass statutory remedies – Exceptionally wide powers under Article 226 should be exercised with restraint, especially when statutory remedies are adequate and available [Paras 46-53].

Documentary Evidence and Procedural Compliance:

Importance of fulfilling procedural requirements for registration – Affidavits and supporting documents must adhere to prescribed formats – Registering authority’s duty to verify compliance with legal requisites including correct stamp duty and adjudication of power of attorney [Paras 35-36, 56].

Dispute Resolution – Civil Court Jurisdiction:

Title disputes involving complex facts should be adjudicated by civil courts – Registration authorities cannot conclusively determine title – Observations made in judicial orders should not be construed as final determination of rights or title over disputed property [Paras 53, 58].

Decision:

Impugned judgment and order of the Single Judge set aside – Writ appeals allowed – Parties directed to present fresh instruments for registration upon rectifying deficiencies – No costs [Paras 57-61].

Criminal Law – Bail Application – Consideration of Evidence and Custodial Period
Petitioner accused of multiple serious offenses, including attempt to murder police officers, illegal possession of arms, and possession of narcotic substances – Prosecution alleges petitioner fired at police team with intent to kill – Defence argues false implication and fabrication of evidence by police, including the planting of poppy straw – Court notes absence of mention of poppy straw in initial FIR – Applicant in custody for over a year, trial likely to be protracted – Bail granted considering prolonged detention and substantial grounds to challenge prosecution case [Paras 1-8].

Conditions for Bail – Personal Bond and Surety Requirements
Bail granted subject to petitioner furnishing personal bond and surety bonds, providing details of bank accounts, and submitting copies of Aadhar cards and bank passbook front page for penalty recovery under Section 446 Cr.P.C. if needed [Para 8].

Decision:  Bail application allowed – Petitioner to be released on bail upon fulfilling stipulated conditions [Para 8].
 

Defamation – Social Media Posts – Plaintiff, a renowned journalist, alleged Defamation by Defendants via social media – Plaintiff sought injunction for removal of defamatory posts – Court directed Defendants to remove posts and make videos private within seven days [Paras 50-51].

Right to Reputation vs. Free Speech – Court acknowledged higher threshold for public figures but stressed individual dignity – Distinguished between permissible public criticism and defamation [Paras 40-41].

Ex Parte Injunction – Granted under exceptional circumstances – Court emphasized factors for consideration, including irreparable harm and balance of convenience – Noted prima facie case of defamation [Paras 36-49].

Decision – Application for interim injunction allowed – Defendants directed to remove defamatory content and make videos private pending final decision in the suit [Paras 50-51].

Employment Law – Termination due to Concealment of Criminal Case – Appellant challenged the termination of his services by the District Judge, Etah, following police verification revealing a pending criminal case – High Court emphasized the necessity for candidates to disclose pending criminal proceedings honestly – Held that concealment of material facts in an affidavit at the time of employment justified termination – Appeal dismissed [Paras 1-27].
Criminal Law – Affidavit of No Criminal Proceedings – Requirement under recruitment rules for a candidate to furnish an affidavit stating no pending criminal proceedings – Appellant failed to disclose Case Crime No. 392/2022 under Sections 323, 452, 504, 506 IPC during document verification – Court found appellant's non-disclosure deliberate, constituting valid ground for termination [Paras 4-15].
Judicial Integrity – Requirement for High Moral Character – Court reiterated the necessity for judicial employees to have impeccable integrity and clean antecedents – Emphasized that any concealment of criminal cases undermines trust in the judiciary [Paras 16-18].
Decision: Appeal dismissed – The termination order by the District Judge, Etah, was upheld as just and proper – High Court highlighted the critical importance of transparency and honesty in affidavits related to criminal antecedents for judicial appointments.
 

Bail Application – Regular Bail – Appellants accused of drug smuggling and financing terrorism – Held in custody for nearly four years – High Court granted bail emphasizing the constitutional right to speedy trial and personal liberty – Bail granted with strict conditions despite stringent provisions under UAPA and NDPS Act [Paras 1-29].

Constitutional Law – Right to Speedy Trial – Appellants detained for four years without trial – Supreme Court’s precedent cited to reinforce the right to speedy trial and personal liberty – Detention exceeding substantial part of potential sentence considered [Paras 12-15, 26].

Statutory Interpretation – Sections 37 of NDPS Act and 43D of UAPA – Twin conditions for bail – Reasonable grounds to believe accused not guilty and unlikely to commit offense while on bail – High Court found compliance with these conditions, facilitating bail grant [Paras 17-19, 23].

Case Specifics – Role of Appellants – Charges against appellants varied, with different sets of offenses under IPC, NDPS Act, and UAPA – Detailed examination of charges, role in alleged crimes, and lack of recovery of drugs or proceeds of crime for some appellants [Paras 8-10, 20-22].

Decision – Bail Granted – Held – Appellants directed to be released on bail with stringent conditions – Conditions include furnishing substantial sureties, surrender of passports, regular court appearance, and prohibition from involvement in criminal activities or tampering with evidence [Paras 27-29].

Bail – NDPS and UAPA – Long Incarceration and Delayed Trial – Appellants in custody for nearly four years without conclusion of trial – Allegations of drug smuggling and funding terrorist activities – Stringent bail conditions under NDPS Act and UAPA – Supreme Court precedents emphasizing the need for speedy trial and protection of personal liberty – Bail granted with conditions [Paras 1-27].

Regular Bail – Conditions Imposed – Bail granted subject to furnishing bond and sureties – Surrender of passports – Mandatory court appearances – No inducement or threats to witnesses – Non-involvement in criminal activities – Prohibition on sale or transfer of property – Undertaking regarding trial attendance [Para 27].

Decision:

Bail granted to appellants Gursant Singh (A-9), Manpreet Singh @ Mann (A-14), Hilal Ahmed Shergoji @ Hilal Ahmed Wagay @ Hilal Ahmad (A-1), and Bikram Singh @ Bikramjit Singh @ Vicky (A-2) subject to conditions including furnishing of bail bonds, non-inducement of witnesses, mandatory court appearances, and prohibition on sale or transfer of property. Hilal Ahmed to be subject to additional conditions by the trial court [Paras 27-28].

Medical Termination of Pregnancy – Petition for Termination Beyond 24 Weeks – Petitioner, a rape survivor, seeks termination of 25+ weeks pregnancy – Medical Board denied termination citing risks and possibility of live birth – Court considers autonomy, health risks, and viability of the fetus – Directions for re-examination by PGIMER – Conditions imposed if termination not carried out [Paras 1-26].

Reproductive Rights – Autonomy and Mental Health – Petitioner’s autonomy over body and mental trauma of carrying pregnancy from rape considered – Court balances medical risks and ethical considerations – Directions ensure petitioner’s health and child’s welfare post-birth [Paras 13-24].

Decision: Writ petition disposed of with directions for re-examination by the Medical Board of PGIMER, Chandigarh. If risks and complications affirm live delivery or require feticide, termination not to be undertaken. If favorable, procedure to be carried out per law. Further directions ensure medical facilities, privacy, and child’s welfare, including potential adoption by Child Welfare Committee, Hisar [Para 26].