Bail Application - Petitioner seeking release as an undertrial in a case under the NDPS Act - Original FIR filed against unknown individuals - Petitioner's counsel contends no substantial link between petitioner and the alleged offense, emphasizing innocence and fabricated FIR - Lack of evidence against the petitioner - Trial anticipated to be lengthy - No useful purpose served in detaining petitioner. [Para 2-3.1]

Opposition by State - Concerns about petitioner fleeing trial proceedings if granted bail - Alleged recovery falls within the category of commercial quantity - Petitioner a habitual offender - Charges framed, investigation complete, and trial in progress - No requirement for custodial interrogation. [Para 4-6]

Court's Observation - Continued preventive custody based on unsubstantiated suspicion of tampering with evidence or influencing witnesses - Documentary evidence already filed and not accessible to the accused - No probability of tampering with evidence - Witnesses are official and unlikely to be influenced - Non-violent nature of the offense - No threat to society at large - Reasonable ground to believe petitioner may not be guilty - Responsible family man unlikely to pose flight risk or evade trial proceedings. [Para 7-9]

Decision - Bail granted to the petitioner - Ordered to be released on furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court - Prosecution allowed to seek bail cancellation if petitioner gets involved in any offense while on bail - Observations for bail hearing purposes only and should not influence the merits of the case. [Para 10-13]

Criminal Case - Conviction under Section 304(Part-II) of IPC - Appellant convicted for the offence of culpable homicide not amounting to murder - Sentence of rigorous imprisonment for 10 years and a fine of Rs.1,000 imposed - Acquittal from the offence under Sections 498A and 341 of the IPC - Appellant's legal fees and expenses quantified at Rs.20,000 to be paid by the High Court Legal Services Committee - Interim Application No. 3581 of 2022 disposed of. [Para 25-28]

Premature Release Guidelines - Quashing of Order - Classification of Prisoner - Beneficial Guidelines - The petitioner seeks the quashing of an order placing him in a specific category under the premature release guidelines - The incident involved a quarrel between the petitioner and his wife, resulting in her death by fire - Dying declaration by the deceased indicated her husband's involvement in setting her on fire - The Sessions Court's judgment and guidelines from 1992 and 2010 are considered - The court determines that the guidelines beneficial to the convict should be applied - The petitioner should be placed in category 3(a) of the 1992 guidelines, which is more beneficial than the previous classification - The impugned order is quashed, and the petitioner's classification is revised. [Para 3-13]

Criminal Appeal – Bail – Denial of bail by trial Court – Petitioner seeks release as an undertrial – Offense under IPC and Arms Act – Alleged involvement in an old feud – Co-accused granted bail – Insufficient evidence of complicity – No likelihood of tampering with evidence – Lengthy preventive custody – Petitioner's personal circumstances – Grant of bail. [Para 1-13]

Maintenance under Hindu Marriage Act – Appeal against an order regarding maintenance – Husband and wife filed appeals against an order dated 23.02.2023, where the husband was directed to pay Rs.40,000/- per month for the child’s maintenance, while the wife’s maintenance claim was denied. The wife sought enhancement of child’s maintenance to Rs.60,000/- per month and interim maintenance for herself. Husband sought a reduction in child’s maintenance to a total of Rs.21,500/- per month, with him liable for half of it. [Para 1-6]

Qualifications and Income – Both spouses are highly qualified and earning; the wife earns Rs.2.5 lakhs per month, while the husband earns USD 7134 per month, equivalent to Rs.1,65,651/- per month (PPP conversion factor) or Rs.5,60,000/- per month (exchange rate). Husband’s monthly expenses in dollars are around USD 7000. [Para 10]

Interim Maintenance – Interim maintenance under Section 24 of the Act is intended to prevent financial hardship during matrimonial proceedings and ensure both parties can afford litigation expenses and live comfortably. It’s not meant to equalize incomes or provide a similar lifestyle. [Para 11]

Decision – The court held that both spouses being equally qualified and earning, interim maintenance for the wife was rightly denied. The interim maintenance for the child was reduced from Rs.40,000/- to Rs.25,000/- per month, considering the incomes of both parties and the shared responsibility for the child’s maintenance. Both appeals were disposed of accordingly. [Para 14-15]

Family Law – Divorce on grounds of cruelty – Marriage dissolved on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 – Appellant-wife aggrieved by the judgment and decree of the Family Court – Appeal filed under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Act, 1955. [Para 1]

Marital Dispute – Allegations of cruelty and desertion – Parties married in 2012 – Appellant accused of bickering over petty issues, arguing, and threatening the respondent – Appellant's alleged alcohol, drug, and substance abuse – Suicide attempts – Job disputes – Complaints under Protection of Women from Domestic Violence Act, 2005 and Section 498A/406 IPC – Maintenance issues – Allegations and counter-allegations regarding dowry and harassment. [Para 2-12]

Family Law - Divorce - Grounds for divorce - Cruelty and Desertion - The judgment discusses the grounds for divorce under Section 13(1)(ia) and Section 13(1)(ib) of the Act, 1955. It analyzes the conduct of the parties, particularly the appellant-wife, in the context of cruelty and desertion. [Para 1-5]

Marital Discord - Incompatibility and Differences - The judgment highlights the continuous separation between the parties since April 2013 and the inability to sustain their matrimonial relationship. It emphasizes that long separation itself can be a ground for divorce. [Para 45-46]

Effect of False Complaints - The judgment considers the effect of false and defamatory complaints filed by the wife against the husband and his family members. It notes that such allegations can amount to cruelty. [Para 35-42]

Reconciliation Efforts - The judgment mentions the husband's repeated attempts at reconciliation, including visits to the wife's house and staying together in a hotel, which were rebuffed by the wife. [Para 47-50]

Default Bail - Grant of default bail under Section 167(2) of the Code of Criminal Procedure - Petitioner filed a petition under Section 482 for setting aside an order resulting in miscarriage of justice - Facts involve an FIR registered for carjacking and subsequent arrest of the petitioner - Police did not present the challan within 60 days - Petitioner moved for default bail on the 61st day - Challan presented on the same day - Dispute over whether the period for default bail was 60 or 90 days - Learned JMIC granted default bail - Condition imposed to furnish bail bonds before 4.30 p.m. on the same day - Surety not accepted due to previous commitment in another case - Petitioner's right to default bail extinguished - Revision petition dismissed by the learned Additional Sessions Judge - petition under Section 482 to quash the order of the learned revisional Court. [Para 1-9]

Default Bail - Imposition of Unreasonable Conditions - Constitutionality of Conditions - The case pertains to the imposition of conditions on the grant of default bail under Section 167(2) of Cr.P.C. The primary issue is whether such conditions can be deemed impractical, unreasonable, and onerous. [Para 1-25]

Right to Personal Liberty - Fundamental Rights - The judgement underscores the significance of personal liberty, a fundamental right guaranteed under Article 21 of the Constitution of India, in the context of granting bail. [Para 25]

Reasonable Conditions - Judicial Discretion - The Court emphasizes that conditions imposed while granting default bail must be reasonable, practical, and in conformity with the principles of justice and personal liberty. Imposing unreasonable conditions that hinder an accused person's release are unacceptable. [Para 25]

Orientation Course for Judicial Officers - The judgement calls for the coordination between the Registrar General of the Court and the Director of the Judicial Academy, Chandigarh, to arrange an orientation course on Fundamental Rights, particularly focusing on the Constitution of India, for all judicial officers in the States of Punjab, Haryana, and UT, Chandigarh. This course aims to enhance their expertise in balancing the rights of accused persons with the principles of justice. [Para 29-30]

Bail Application - The petitioner has filed a bail application under Section 439 of the Cr.P.C. seeking regular bail in a case involving charges under Sections 302, 120-B of IPC, and Sections 27 of the Arms Act. The case pertains to a land dispute that resulted in a fatal shooting. The petitioner has been in custody for over 3 years and 10 months. The delay in concluding the trial violates the petitioner's right to a speedy trial as enshrined in Article 21 of the Constitution. The Court notes that the object of bail is to secure the presence of the accused at the trial and is not punitive. The State has not presented evidence to show that the petitioner can influence witnesses. The petitioner is granted bail with certain conditions, including restrictions on influencing witnesses, attending court proceedings, surrendering his passport if any, reporting to the police, and other conditions as deemed fit by the concerned Court. [Para 1-11]

Quashing of FIR under Section 174-A IPC - Compromise in a case involving a dishonored cheque - Proceedings under Negotiable Instruments Act concluded with withdrawal of the complaint - FIR quashed in line with precedent cases where continuation of proceedings under Section 174-A IPC after withdrawal of the main complaint deemed an abuse of the process of law. [Para 2-13]