Anticipatory Bail – Absconder – Proclaimed Offender – High Court granted anticipatory bail to an accused despite proclamation under Sections 82-83 CrPC – Supreme Court held that absconders or proclaimed offenders are not entitled to anticipatory bail – High Court erred in granting anticipatory bail without considering relevant legal precedents and facts – Order of anticipatory bail set aside [Paras 1-9].

Legal Precedents – Jurisprudence – Supreme Court reiterated principles from Adri Dharan Das v. State of W.B., Lavesh v. State (NCT of Delhi), and State of Madhya Pradesh vs. Pradeep Sharma, establishing that absconders are not entitled to anticipatory bail – High Court's failure to adhere to these principles criticized – Emphasis on the nature of accusations, irrespective of business transaction context [Paras 7.3, 8].

Decision – Appeal Allowed – Held – High Court’s order granting anticipatory bail quashed – Respondent No. 2 directed to surrender within two weeks – Liberty to apply for regular bail on surrender, to be considered on merits [Paras 8-9].

Furlough Leave – Public Peace and Tranquillity – High Court directed release of respondent on furlough – Supreme Court set aside High Court's order – DGP's refusal of furlough based on prisoner's conduct and potential threat to public peace upheld – Respondent engaged in illegal activities in jail, had significant criminal influence, and a large following that could disrupt public order – Furlough not granted as a matter of right; public interest and conduct considered crucial [Paras 1-28].

Prison Rules – Interpretation – Rule 4(4) and 4(6) of Bombay Furlough and Parole Rules applied to refuse furlough – Negative recommendation by police and prison authorities based on conduct and potential disruption justified – Supreme Court emphasized discretion in granting furlough based on safety and public order considerations [Paras 23-27].

Decision – Appeal Allowed – Held – High Court's order set aside – Furlough leave application by respondent dismissed – Public interest and security concerns given precedence over temporary release [Para 27].

Criminal Proceedings – Civil Dispute – Promised Jobs in Italy – High Court declined to quash proceedings under Sections 406 and 420 IPC despite civil nature of allegations – Supreme Court quashed proceedings, noting the predominantly civil flavor of the dispute and previous settlement between the complainant and main accused – Allegations revolved around money paid for securing a job abroad, which could be subject to a civil suit for recovery, not criminal prosecution [Paras 19-21].

Inherent Powers under Section 482 CrPC – Abuse of Process – Supreme Court emphasized the need to use inherent powers to prevent abuse of process and secure ends of justice – High Court erred by not considering the entire material on record and the civil nature of the dispute – Proceedings against the appellant, who was not directly involved and was declared a proclaimed offender, deemed unjustified [Paras 14-20].

Decision – Appeal Allowed – Held – High Court’s order set aside – Criminal proceedings quashed – Proceedings arising out of FIR No. 179 dated 29.10.2009 and all consequential proceedings quashed against the appellant [Para 21].

NIA Act – Continuation of Investigation – Once the Central government directed the NIA to take over the investigation under Section 6(4) of the NIA Act, the ATS Nanded had a duty to continue the investigation until the NIA actually took over – The investigation by ATS Nanded and filing of the charge-sheet were valid under Section 6(7) of the NIA Act [Paras 19-23].

Jurisdiction – CJM and ASJ Nanded – Designation of CJM Nanded as remand court and ASJ Nanded as Special Court for cases filed by ATS Nanded under the CrPC – These courts had jurisdiction to handle the case until the NIA Mumbai took over the investigation on 8 December 2016 and transferred it to the NIA Special Court Mumbai [Paras 24-49].

Decision – Appeals Dismissed – Held – High Court’s order affirmed – ATS Nanded's continuation of investigation and CJM Nanded's committal to trial were legitimate – The appeals stand dismissed [Paras 50-51].

Industrial Disputes Act – Jurisdiction – Civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Act – Plaintiff’s claim based on ID Act must be adjudicated by appropriate forums under the ID Act – High Court rightly set aside lower courts’ judgments favoring the plaintiff – Decree by civil court declared null and void due to lack of jurisdiction [Paras 2-16].

Termination of Employment – Continuous Service – Plaintiff claimed continuous service for 2778 days – Civil court found plaintiff had completed 240 days of continuous service as per Section 25B of the ID Act – Termination without complying with Section 25F of the ID Act invalidated – However, High Court ruled civil court could not adjudicate such matters [Paras 3-7].

Execution Proceedings – Decree and Jurisdiction – Objection to decree execution on grounds of jurisdiction raised by the defendant – High Court upheld objection, nullifying the civil court’s decree – Jurisdictional objection can be raised at any stage, including execution [Paras 7-10].

Equitable Relief – Back Wages – Considering the plaintiff’s hardship, arrears paid under the civil court’s decree not to be recovered despite decree’s nullity – Parties to bear their own costs [Para 17].

Decision: Appeal dismissed – High Court’s judgment affirmed – Decree by civil court set aside due to lack of jurisdiction.

Specific Performance – Non-service of Notice – Appeal against High Court’s rejection of condonation of delay due to non-service of notice following change of address – Appellant produced documents proving address change – High Court did not conduct proper inquiry or make findings disbelieving the appellant’s explanation – High Court erred in dismissing appeal solely on limitation grounds – Delay condoned and High Court directed to admit and expedite hearing of second appeal [Paras 1-14].

Condonation of Delay – Address Change – Appellant failed to receive notice due to address change from Amalner to Nashik – Produced voter list and Aadhar card as proof – Respondent contended appellant’s name still existed in voter list of Amalner – Proper inquiry not conducted by High Court – Application for condonation of delay should have been allowed [Paras 4-7, 14].

Appellate Jurisdiction – High Court’s Approach – High Court should take a lenient view on condonation of delay considering advocate-client communication gaps – Appellant deprived of hearing opportunity in specific performance suit – High Court directed to admit and dispose of appeal expeditiously [Paras 14-16].

Decision: Appeal allowed – Impugned judgment set aside – High Court directed to admit and expedite hearing of second appeal – No order as to costs [Paras 14-18].

Negotiable Instruments Act – Section 138 – Quashing of Complaint – High Court erred in quashing proceedings under Section 138 based on pending suit challenging compromise deed – Compliance with Section 138 NI Act constitutes an offence upon dishonour of cheques – Question of liability to be determined at trial – Quashing set aside, complaints reinstated [Paras 1-15, 33-54].

Compromise Deed – Legal Enforceability – Settlement agreement executed between parties not invalidated by pending challenge – Once compromise is entered, original complaint cannot proceed – Breach of settlement results in fresh cause of action under Section 138 – High Court's quashing based on compromise deed being contested was incorrect [Paras 18-45].

Multiple Prosecutions – Cheque Dishonour – Parties cannot be subjected to parallel proceedings under Section 138 for the same transaction – Settlement subsumes original complaint – Fresh cause of action arises from dishonoured cheques issued under settlement [Paras 34-40].

Decision: Appeals allowed – High Court's order quashing second complaint under Section 138 set aside – Original complaints quashed – Second set of complaints to proceed.

Criminal Law – Non-Joinder of Trials – The High Court's direction for retrial by combining FIRs for gang rape and abetment of suicide due to perceived prejudice from separate trials – Prosecution case involved gang rape resulting in the prosecutrix's suicide – High Court remitted conviction and acquittal orders for retrial under Section 223 CrPC – Separate trials not found to have caused prejudice – Retrial after significant lapse of time deemed to cause miscarriage of justice – High Court's order set aside [Paras 1-20].

Retrial – Principles and Discretion – Appellate court's power to order retrial to be exercised in exceptional circumstances – Retrial should avert miscarriage of justice – Multiple accused convicted/acquitted in separate trials – High Court's direction for retrial by combining FIRs found unjustified – Acquittal or conviction not to be set aside solely based on possibility of joint or separate trials – High Court's judgment criticized for failure to demonstrate clear prejudice [Paras 21-28, 33-54].

Joint and Separate Trials – Legal Framework – Application of Sections 218-223 CrPC governing joinder and separation of charges – Separate trials usual, joint trials exceptional unless proved to cause miscarriage of justice – Appellate court must determine prejudice from separate trials before ordering retrial [Paras 29-38].

Decision: Appeals allowed – High Court's judgment for retrial set aside – Convictions and acquittals from original separate trials maintained – Retrial found unnecessary and prejudicial [Paras 39-45].

Anticipatory Bail – Cancellation – High Court granted anticipatory bail ignoring material aspects such as the nature and gravity of the offence and the specific allegations against the accused – Deficiencies in the investigation highlighted by JMFC and trial court, including failure to consider eyewitness statements, reliance on selective CCTV footage, and lack of fingerprint analysis – High Court's order set aside due to improper exercise of discretion in granting bail [Paras 1-20, 24-30].

Deficiencies in Investigation – Investigation ignored crucial evidence: failure to consider statements of eyewitnesses, reliance on CCTV footage post-incident, non-collection of relevant CCTV footage, reliance on call data records without verifying usage, and absence of fingerprint analysis – Orders for further investigation and supplementary challan indicated significant omissions by the investigating officer [Paras 11-28].

Legal Principles for Anticipatory Bail – Principles outlined in Mahipal v. Rajesh Kumar and Sushila Aggarwal v. State (NCT of Delhi) reiterated – High Court's order quashed due to failure to consider relevant factors and clear deficiencies in the investigation – Importance of assessing the severity of the offence and ensuring justice highlighted [Paras 24-30].

Decision: Appeals allowed – High Court's judgments granting anticipatory bail to the respondents set aside – Anticipatory bail cancelled – Case remanded for further proceedings in line with the judgment.