Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Accused Not Entitled To Copies Of 'Unrelied' Upon Documents At The Stage Of Framing Of Charges Under Section 91 CrPC: Supreme Court Elected Representatives Have No Privilege To Resort To Violence; Criminal Antecedents Are Material For Bail Adjudication: Supreme Court Mere Absence Of Transport Documents Does Not Create A Presumption Of Violation Of Chhattisgarh Agricultural Cattle Preservation Act, 2004: Supreme Court Section 396 IPC | Conviction For 'Dacoity With Murder' Requires Proof That Murder Was Committed In The Course Of Dacoity: Allahabad High Court 'Developers Cannot Delay Conveyance For Eternity And Milk Additional FSI Benefits': Bombay High Court Upholds Societies' Deemed Conveyance Pre-Approval Statutory Dues Stand Extinguished Upon Approval Of Resolution Plan; GST Authorities Cannot Initiate Fresh Proceedings: Calcutta High Court Unregistered Agreement To Sell With Delivery Of Possession Is Admissible In A Suit For Specific Performance: Delhi High Court Stigmatic Order Discharging Probationer Without Inquiry Is Void For Violation Of Natural Justice: Gujarat High Court Execution Proceedings | Court Cannot Impose Arbitrary Financial Conditions Without Reason In Stay Applications: Himachal Pradesh High Court Section 528 BNSS | High Court Cannot Exercise Inherent Powers To Circumvent Statutory Bar Against Second Revision: Delhi High Court Advocate Empanelment | Restriction On Multiple Applications Is A Procedural Choice Within Employer’s Domain: Delhi High Court Acquittal Appeal | Double Presumption Of Innocence In Favour Of Accused Cannot Be Disturbed Merely Because Another View Is Possible: Gujarat High Court SC/ST Act | Offence Under Section 3(1)(g) Not Attracted If Dispossession Or Interference Is Not Due To Victim's Caste: Himachal Pradesh High Court Judicial Officer Must Maintain Distance From Practicing Advocates To Avoid Impropriety: Gujarat High Court Upholds Dismissal Section 183 BNSS | Investigating Officer Cannot Independently Record Further Statement Of Victim After Recording Before Magistrate: Karnataka High Court Non-Production Of Case Property And Missing Link Evidence In Seizure Cases Vitiates Prosecution: Himachal Pradesh High Court Employees Compensation Act | Death Due To Cardiac Arrest During Employment Is An 'Accident' Arising Out Of Stress And Strain Of Duty: J&K High Court Transfer Of Proceedings | Courts Must Issue Fresh Notice To Parties Even If They Had Appeared Before The Transferor Court: Kerala High Court Sets Aside Ex-Parte Award Section 80P(4) IT Act Does Not Deny Deduction To Regional Rural Banks As They Retain The 'Deemed Co-operative Society' Status Under Section 22 RRB Act: Madras High Court Property Purchased In Name Of Child For Family Benefit Is Not A 'Benami Transaction' Under Section 2(9) Of The 1988 Act: Madhya Pradesh High Court Person Without Caveatable Interest Cannot Challenge Will Or Seek Revocation Of Probate: Madras High Court Divorce | Cruelty Must Be Assessed By Cumulative Effect Of Matrimonial Conduct Rather Than Isolated Incidents: Orissa High Court Merely Labeling Insurance Policy As Comprehensive Does Not Create Unlimited Liability: MP High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Limitation Bar Is Apparent From Face Of Pleadings: Patna High Court Limitation Act | 'Sufficient Cause' Cannot Be Used To Revive Stale Or Dead Claims By State: Orissa High Court Quashes Order Condoning 53-Year Delay Employee Cannot Remain Dormant Like Rip Van Winkle & Awaken At Convenience: Punjab & Haryana High Court Dismisses Stale Service Plea With ₹25K Cost Section 29 NDPS Act | Mere Allegation Of 'Cooperation' Without Specific Overt Acts Cannot Sustain Charge Of Conspiracy: Rajasthan High Court Forest Land Status Does Not Extinguish Private Civil Title: Punjab & Haryana High Court Upholds Decree For Possession Once Admitted In Evidence, Document Cannot Be De-Marked On Grounds Of Insufficiency Of Stamp Duty: Telangana High Court Section 190 BNSS | Mere Presence In Unlawful Assembly With Active Intent Renders Member Vicariously Liable For Homicidal Act: Punjab & Haryana High Court Contributory Negligence Under Motor Vehicles Act Cannot Be Inferred Without Cogent Evidence: Telangana High Court Enhances Compensation Motor Vehicles Act | Section 164 Compensation Of Rs. 5 Lakhs Applicable Even To Pending Claims Arising Prior To 2019 Amendment: Punjab & Haryana High Court Consumer Protection Act | Builder Liable To Pay Interest For Delayed Possession Despite Force Majeure Plea If Agreement Executed Post-Outbreak: State Commission

P&H High Court Grants Anticipatory Bail to Husband in Obscene Video Case

07 May 2024 8:19 AM

By: Admin


The Punjab and Haryana High Court, in a significant ruling, granted anticipatory bail to two petitioners in a case involving the circulation of obscene videos and objectionable photographs. The judgment was delivered by Hon'ble Mr. Justice Gurbir Singh.

The case, stemming from the same incident, involved two separate petitions filed by individuals seeking anticipatory bail under Section 438 of the Criminal Procedure Code (Cr.P.C.). The FIR was registered under Sections 67 and 67-A of the Information Technology Act, 2000, at Police Station Division No.3, Ludhiana.

According to the complainant, she received distressing calls and messages on her mobile phone containing the explicit material. The complainant discovered that her husband, one of the petitioners, had allegedly created the videos and photographs, which were later shared on her Instagram ID by the co-accused, the other petitioner. The complainant further claimed that the co-accused had resorted to threats and abusive behavior during their conversation.

It was brought to the court's attention that a pre-registration inquiry had previously suggested the complainant's involvement in creating the explicit video. However, the Investigating Officer altered their stance after the FIR was lodged, implicating both petitioners in the case. The petitioners vehemently denied any participation in publishing or transmitting the material.

The defense counsel argued that the petitioners were not properly served with notices under Section 41-A Cr.P.C., which requires a notice of appearance before the police. Additionally, they pointed out that the maximum sentence for the offense in question was five years, citing the landmark judgment of Arnesh Kumar vs. State of Bihar and another, delivered by the Supreme Court on July 2, 2014.

The respondent-State and the complainant's counsel contended that custodial interrogation of the petitioners was necessary to recover the mobile phone used to send the explicit video. They further emphasized the gravity of the offense, asserting that the petitioners were not entitled to anticipatory bail.

However, the court carefully considered the arguments presented. Noting the lack of evidence regarding proper service of notices and the fact that the explicit material was not circulated among the general public, the court granted anticipatory bail to both petitioners. The court directed the petitioners to cooperate with the Investigating Officer, hand over their mobile phones, and adhere to specified conditions. The conditions included restrictions on leaving the country without prior permission, submission of passports to the Investigating Officer, and providing affidavits regarding their mobile numbers. The court warned that any violation of the bail conditions could result in the cancellation of their bail.

Date of Decision : May 12, 2023

Vaneet Sachdeva vs   State of Punjab

Latest Legal News