Bail Appeal – Section 14(A)(2) SC/ST (POA) Act – Appellants, accused of abusing the defacto complainant using caste name and criminal intimidation, sought bail after being in custody for over 28 days – Special Court's order denying bail set aside – Court considered absence of previous criminal antecedents and lack of communal tension as reasons for granting bail [Paras 1-10].

Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act – Abuse and Intimidation – Appellants accused under Sections 294(b), 506(i) IPC, and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act for abusing defacto complainant while he performed cleaning work – Defacto complainant’s complaint led to appellants' arrest – Bail granted considering time in custody and absence of prior incidents [Paras 2-4].

Conditions for Bail – Appellants to execute bond and provide sureties – Conditions included daily appearance before police, prohibition on tampering with evidence or witnesses, cooperation with trial court proceedings – Breach of conditions to result in legal consequences [Paras 8-10].

Decision:

The Criminal Appeal is allowed, setting aside the Special Court's order. The appellants are granted bail on executing a bond of Rs. 25,000 each with two sureties, and must comply with specified conditions to ensure their cooperation with judicial proceedings.

Factual Background and Trial Court Proceedings – Revisionist, the father-in-law of the respondent, asserts ownership over the property through a chain of transfers culminating in a set of documents dated 27.07.1998 – Conflict arises post marital discord between respondent and revisionist’s son, leading to respondent’s alleged trespass – Initial suit for injunction and mesne profits partly decreed; current suit for possession and mesne profits filed – Trial court dismissed application under Order XII Rule 6 CPC, prompting current revision petition [Para 2-10].

Trial Court’s Error – Misapplication of the legal framework concerning GPA sales post Suraj Lamp & Industries ruling – Erroneous non-recognition of ownership claims based on uncontested documentary evidence presented by the revisionist – Failure to effectively address admissions by the respondent acknowledging the revisionist’s acquisition of property rights [Para 17-34].

High Court Decision – Overturning of trial court’s order, recognizing revisionist’s ownership based on unambiguous, uncontested documentary evidence – Decree of possession awarded in favor of the revisionist with directions to respondent to vacate the property, acknowledging the failure of the trial court to appreciate the legal status of admissions [Para 35].

Remaining Issues – Directions to trial court to proceed with determination of mesne profits/damages, acknowledging these aspects involve triable issues requiring evidentiary adjudication [Para 36].

Background and Arrest – Appellant Mubeen Kadar Shaikh implicated in multiple FIRs following the Delhi bomb blasts on September 13, 2008 – Arrests followed disclosures by other arrested individuals and recovery of evidence including laptops and communication equipment allegedly used in the orchestration and execution of the bomb blasts – Email sent prior to blasts claimed responsibility and threatened further violence – Initial and subsequent arrests brought forward the “Media Cell” connection implicating the appellant [Paras 1-6, 18-23].

Bail Applications and Denials – Appellant’s multiple bail applications were denied based on the gravity of the charges, the evidence presented (including forensic reports and recoveries), and the alleged ongoing threat posed by active terror networks – Noted continuous judicial custody of over 13 years and a previous acquittal in a similar case based on similar evidence did not tilt in favor of bail due to the severe nature of the offenses and overarching conspiracies involved [Paras 7-10, 28-34].

Current Appeal – Challenging the latest bail denial, the appellant argued lack of direct evidence linking him to the conspiracies, discrepancies in evidence regarding the creation and last access times of critical emails alleged to have been sent by him – The appeal also highlighted the prolonged trial duration and the partial examination of listed witnesses [Paras 11-17, 36-43].

Court’s Analysis – Emphasized the stringent conditions for bail under the UAPA, relying on precedents that require a prima facie assessment of truthfulness in accusations in cases involving terrorism – Acknowledged the lengthy trial but pointed to the gravity and potential implications of releasing the appellant on bail [Paras 28, 37-41].

Decision and Direction – Bail denied based on comprehensive consideration of the involvement in a complex conspiracy, potential risk of absconding, influencing witnesses or committing further offenses – Directed expeditious trial proceedings, ordering the Special Court to conclude the trial with increased frequency [Paras 44-51].

Appeal and Background – Criminal Appeal under Section 374 Cr.P.C. challenging the trial court’s conviction of appellant under Section 306 IPC for abetting the suicide of his mother by allegedly providing her with a lighter – FIR was lodged based on the statement of an eyewitness, leading to charges under Sections 306/114/120B IPC – Trial court relied primarily on the testimony of two school employees who claimed the appellant facilitated the suicide – Appellant contested these claims, citing biased investigation and absence of direct involvement [Para 1-2, 5-6].

Role of Appellant in Alleged Crime – Abetment to Suicide – High Court found that the prosecution failed to establish beyond reasonable doubt the appellant’s active participation in abetting the suicide of the deceased. Notable was the lack of criminal intent and actual aid in the commission of the alleged act, despite the prosecution's claims of the appellant providing a lighter. The court noted the appellant’s efforts to extinguish the flames and save the deceased, further questioning the prosecution's narrative. [Paras 10-21]

Evaluation of Witness Credibility and Evidence – High Court criticized the trial court's reliance on the testimony of witnesses with potential biases due to personal and professional relationships. Contradictions in witness statements and procedural errors in handling witness testimonies under Section 161 Cr.P.C. were highlighted. The court stressed the importance of careful scrutiny of evidence, especially when the witness is intended to be discredited. [Paras 13-19]

High Court’s Analysis and Decision – High Court noted discrepancies and contradictions in witness testimonies, particularly those of the prosecution’s key witnesses – Found no direct evidence of appellant’s intent to abet the suicide – Concluded that the prosecution failed to establish beyond reasonable doubt the appellant’s active role in abetting the suicide – Conviction and sentence set aside, appellant acquitted [Para 13-22].

Compulsory Retirement Controversy – Petitioner challenges his compulsory retirement under FR 56(j) based on his entire service record being reviewed, claiming it was without procedural compliance and an assessment of an ‘outstanding’ service record – Dispute centers on whether adverse records can be disregarded and if the timing of the review was legally appropriate – Tribunal dismisses OA, stating no procedural impropriety or unjust application of FR 56(j), emphasizes that full record review justified the decision – [Paras 1-16, 53-76]

Legal Interpretation of FR 56(j) – Consideration of entire service record, including past adverse entries permissible under FR 56(j) – Supreme Court precedents cited to reject “washed-off theory” where earlier adverse records may not be ignored in compulsory retirement considerations – High Court upholds that compulsory retirement under FR 56(j) is not punitive and does not imply stigma – [Paras 54, 59-61]

Procedural Adherence and Judicial Review – High Court examines whether procedural norms under FR 56(j) and related Office Memorandums were followed – Findings indicate the review was conducted post-petitioner reaching age threshold but within acceptable limits – Upholds Tribunal’s view that non-adherence to exact review timing does not invalidate compulsory retirement decision when procedural fairness is observed – [Paras 52, 55-56, 73-75]

Decision: The petition challenging the compulsory retirement was dismissed with no costs, affirming the decision of the Tribunal which found the retirement justified based on the petitioner’s service record, adherence to procedure, and lack of evidence of arbitrariness or malafides in the application of FR 56(j).

Domestic Violence and Maintenance – The High Court, reviewing lower court decisions that denied maintenance to a qualified but unemployed wife under the Protection of Women from Domestic Violence Act, 2005, held that educational qualification alone does not disqualify a spouse from claiming maintenance if they lack independent income - The court emphasized that the wife’s capability to earn should not undermine her entitlement to maintenance, which depends on the husband's obligation and the wife's current employment status – Maintenance granted. [Paras 6-10]

Compensation for Domestic Violence – Adjustment of compensation for pain and suffering from domestic violence – The High Court found no adequate reason in the lower court's reduction of compensation from Rs. 20,00,000 to Rs. 15,00,000 and restored the original amount, recognizing the impact of domestic violence on the wife’s mental health and marital expectations – Compensation restored to Rs. 20,00,000. [Para 11]

Legal Assessment and Procedural Fairness – The High Court criticized the procedural lapses in the lower courts, including failure to provide adequate reasoning for decisions, and remanded the matter for a fresh determination with instructions to avoid undue adjournments and consider the merits independently of the High Court’s observations. [Paras 12-18]

Criminal Law – Voluntarily causing hurt by dangerous weapons or means – Appeal against acquittal in a case initiated from an FIR lodged for assault with a blunt object, resulting in injury – Trial court acquitted accused, noting lack of sufficient evidence and failure to prove crucial medical documents – High Court reviewed, confirming no need to interfere with trial court’s decision due to adherence to legal standards and insufficient evidence – Appeal dismissed – [Paras 1-34].

Evidence Assessment – High Court noted only two witnesses testified, and essential medical evidence (photocopy of medical certificate) not properly authenticated and proved during trial – No material witnesses besides complainant and investigating officer – Remaining potential witnesses not summoned effectively, impacting depth of prosecution’s case – [Paras 8-14, 16-17, 27-28].

Procedure – Trial court criticized for not exhausting all processes to ensure presence of crucial witnesses but found justifiable in closing evidence due to repeated absence and non-availability of key witnesses – High Court upholds trial court’s decision on procedural grounds – [Paras 14-17, 24-25].

Judicial Reasoning – High Court affirms trial court’s judgment, holding that reasoned judgment by trial court aligned with principles of criminal justice concerning evidentiary standards and witness examination – References made to precedence for handling cases where prosecution fails to present all material witnesses – [Paras 27, 29].

Criminal Law – Conviction under Sections 304 (Part II) and 328 IPC – Appeal against conviction by the Additional Sessions Judge, Malda – Appellant convicted for causing death by administering poisoned alcoholic drink and causing grievous harm with knowledge – High Court modified sentence but upheld conviction – Evidence from medical reports and witness testimonies confirmed poisoning leading to death and serious illness [Paras 1, 5, 20, 27-32].

Evidence Evaluation – High Court examined multiple witness accounts and medical evidence to ascertain the cause of death and the circumstances of poisoning – Several witnesses testified to having consumed poisoned ‘Tari’ at appellant’s residence, corroborated by medical evidence of poisoning and subsequent death and illness [Paras 6-19].

Legal Precedents and Application – Relied on Supreme Court judgments concerning murder by poisoning, establishing lack of direct motive but knowledge of harmful consequences suffices for conviction under IPC sections dealing with unintentional murder and administering poisonous substances [Paras 23-26].

Decision – Modified Sentence – High Court found trial court’s decision on conviction correct but reduced the substantive sentences for both offences to 5 years, maintaining that both sentences run concurrently, thus modifying the severity but not the fact of the conviction [Paras 29-31].

Criminal Law – Appeal against conviction – Conviction for involuntary manslaughter (304 Part II IPC) and causing hurt by means of poison (328 IPC) after administering poisoned ‘Tari’ (local alcohol), resulting in one death and multiple hospitalizations – Challenge based on lack of direct evidence of motive and possession of poison – High Court modifies the sentence but upholds conviction based on indirect evidence of knowledge of the harmful nature of the substance administered – Sentences reduced to five years each for both counts, to run concurrently. [Paras 1-32]

Evidence Assessment – Multiple eyewitness accounts (PW2, PW3, PW8) corroborate consumption of poisoned ‘Tari’ at appellant’s residence – Medical evidence (PW6, PW9, PW14) confirms death and injuries due to poisoning – Conviction based on doctrine of transferred malice and administering of a harmful substance with knowledge of its potential for grievous harm [Paras 6-18, 24]

Legal Precedent – Reference to Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116 regarding the need to establish motive, possession of poison, cause of death by the poison, and opportunity to administer poison – High Court finds sufficient indirect evidence to establish the necessary linkage despite the absence of direct evidence on motive and possession [Paras 23, 26]

Decision – High Court modifies the trial court’s sentencing, reducing imprisonment terms but upholding conviction under IPC Sections 304 Part II and 328 due to the harmful knowledge attributed to the appellant – Directed to surrender within 30 days to serve the modified sentence. [Paras 29-35]