Non-Compliance With Rule 14 Of NDPS Rules 2022 Regarding Quantitative Test Vitiates Prosecution Case And Renders Detention Illegal: Allahabad High Court Supreme Court Directs Systematic Audit And Institutional Accountability For Safety In Public Spaces Under Article 21 Extra-Judicial Confession Made Before Police Cannot Solely Sustain Preventive Detention: Supreme Court Pre-Trial Incarceration Cannot Masquerade As Punitive Detention When Trial Is Not Imminent: Supreme Court Land Acquisition | Radial ‘Hub-And-Spoke’ Valuation Models For Contiguous Lands Are Legally Unsustainable: Supreme Court Forfeiture Of Earnest Money Deposit Is A Valid Consequence Upon Failure To Pay Balance Sale Consideration Under IBC Liquidation Process: Supreme Court Res Judicata | Suit For Specific Performance Barred If Relief Was Available In Prior Suit For Permanent Injunction And Not Claimed: Supreme Court RERA | Allottee’s Right To Seek Refund Is Absolute And Unqualified, Not Subject To Promoter’s Completion Of Project: Bombay High Court Order 1 Rule 10(2) CPC | Appellate Court Cannot Summarily Reject Addition Of Legal Heirs Based On Unproven Documents Without Reason: Calcutta High Court Order XIV Rule 5 CPC | Trial Court Must Frame Additional Issues Based On Liberty Granted By Supreme Court To Ensure Just Adjudication: Delhi High Court Mere Citation Of Wrong Provision Does Not Invalidate Order If Court Possessed Jurisdiction: Gujarat High Court Injunction Under Order 39 Rules 1 & 2 CPC Cannot Be Granted Over Large Unidentified Tract Of Land Without Establishing Prima Facie Case: Himachal Pradesh High Court Section 125 CrPC | Mere Rejection Of Permanent Alimony Plea In Divorce Proceedings Does Not Bar Claim For Maintenance: Karnataka High Court Section 311 BNSS | Trial Court Has Discretion To Record Evidence In Narrative Form; Accused Cannot Insist On Question-Answer Format: Kerala High Court Section 482 CrPC | Principle Of Parity Cannot Be Invoked To Quash FIR If Allegations Against Accused Are Distinct And Substantiated: Madhya Pradesh High Court Motor Vehicles Act | Tribunal Cannot Grant 'Right Of Recovery' To Insurer Without Evidence Of Policy Violation: Orissa High Court Mere Inadequacy Of Consideration Or Illiteracy Does Not Vitiate Specific Performance Unless Exploitation Is Proved: Madras High Court Contempt Jurisdiction Cannot Be Converted Into Parallel Forum To Enforce Civil Decrees: Punjab & Haryana High Court Order 18 Rule 17 CPC | Reopening Evidence At The Stage Of Arguments Without Compelling Grounds Amounts To Abuse Of Process: Telangana High Court Cannot Circumvent Bail Granted By Supreme Court: Punjab & Haryana High Court Quashes PITNDPS Preventive Detention Order

“Supreme Court Sets Aside High Court Order, Grants Bail to Retired Police Officer Pradeep Rameshwar Sharma: ‘No Purpose in Continuing the Appellant in Custody’”

07 May 2024 8:19 AM

By: Admin


New Delhi, August 23, 2023: In a significant ruling today, the Supreme Court of India set aside the orders of the Special Court and the High Court, granting bail to retired police officer Pradeep Rameshwar Sharma. The judgment was delivered by Justice A.S. Bopanna and Justice Pamidighantam Sri Narasimha.

Sharma was accused of various offenses, including conspiracy and murder, under Sections 120B, 201, 302, 364, and 403 of the Indian Penal Code (IPC), Section 25 of the Arms Act, and Sections 16, 18, and 20 of the Unlawful Activities (Prevention) Act, 2004 (UAPA).

In its observation, the Supreme Court noted, “there would be no purpose in continuing the appellant in custody,” emphasizing that the charge sheet filed by the National Investigating Agency (NIA) didn’t strongly link Sharma to the alleged conspiracy of planting gelatin sticks in a vehicle. The court also took into consideration that the appellant had already been in custody since June 17, 2021, and that all the witnesses were yet to be examined.

Justice A.S. Bopanna stated in the judgment that “the fact that he was a police officer and has retired after rendering 37 years of service is a factor which should weigh in favor of the appellant as he has strong roots in Mumbai and would be available to stand trial.”

The apex court directed that Sharma should be released on bail subject to conditions imposed by the trial court.

Date of Decision: August 23, 2023

Pradeep Rameshwar Sharma  vs National Investigating Agency & Anr. 

Latest Legal News