SUPREME COURT
Acquittal
SC acquits all 7 persons convicted in 1985 murder & abduction case as reasonable doubts strike prosecution case’s foundations
While considering the instant appeal challenging 2015 decision by Patna High Court to uphold conviction and sentencing of 5 accused persons and reversing acquittal of 2 accused persons in connection to a murder case in 1985; the Division Bench of Bela M. Trivedi and Satish Chandra Sharma*, JJ., on detailed analysis of the case, found that the prosecution failed to discharge its burden to prove the case beyond reasonable doubt. The reasonable doubts were irreconcilable and struck at the foundation of the prosecution’s case. Therefore, the Court set aside the conviction and sentence of the 7 accused persons and acquitted them of all charges. Read more
Property dispute
When SC intervened to rescue parties trapped in criminal proceedings provoked by a Father-son property dispute
The instant appeal challenged the decision of Bombay High Court wherein it had held that a prima facie case of cruelty was made out under Section 498-A, Penal Code, 1860 against the appellants and had refused to quash the FIR and chargesheet against them. The Division Bench of P.S. Narasimha* and Pankaj Mithal, JJ., noted in the instant case the provocation for the Complaint/FIR was essentially the property dispute between father and son and the case is yet another instance of abuse of criminal process and it would not be fair to subject the appellants to the entire criminal law process. Read more
Sealed cover procedure
Pending investigation & grant of prosecution sanction against Govt. employee not sufficient to adopt sealed cover procedure: SC
While deliberating over the instant appeal challenging Delhi High Court’s decision to uphold Central Administrative Tribunal’s (CAT) decision to allow respondent’s application challenging the denial of promotional benefits to him, the Division Bench of Sandeep Mehta* and R. Mahadevan, JJ., held that the disciplinary/criminal proceedings can be said to be initiated against a government employee only when a charge memo is issued to the employee in a disciplinary proceeding or a charge-sheet for a criminal prosecution is filed in the competent Court. The sealed cover procedure is to be resorted to only after issuance of the charge-memo/charge-sheet is issued. The pendency of investigation and grant of prosecution sanction will not be sufficient to enable the authorities to adopt the sealed cover procedure. Read more
Cash-for-Job Scam
[Cash-for-Job Scam] Supreme Court grants bail to former TN Minister V Senthil Balaji in money laundering case
The division Bench of Abhay S. Oka and Augustine George Masih, JJ. allowed former Tamil Nadu Minister Senthil Balaji’s bail plea in the money laundering case on cash-for-jobs allegations. The Court while granting him bail considered delay in commencement of trial. Read more
Child pornography
Storing and watching child pornography an offence under POCSO, IT Act: Key takeaways from Supreme Court’s Landmark Verdict
The bench of Dr. DY Chandrachud, CJI and JB Pardiwala, J delivered landmark judgment on Child Pornography and held that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching of such pornographic content. Read more
Cheating
Driving vehicle without number plate not cheating under Section 420 IPC; police can impose fine: Telangana High Court
The present petition was filed under Section 528 of the Nagarik Suraksha Sanhita, 2023 to quash the proceedings against petitioner-Accused 1 in a case registered in Charminar Police Station, Hyderabad, for the offences punishable under Section 420 of the Penal Code, 1860 (‘IPC’) and Section 80 of the Motor Vehicles Act, 1988 (‘the 1988 Act’). A Single Judge Bench of K. Sujana, J., held that the act of driving a vehicle without a number plate did not come under the purview of Section 420 of IPC and Section 80 of the 1988 Act. Read more
Bail and Anticipatory bail
[Delhi Excise Liquor Policy Case] Supreme Court grants bail to AAP’s Vijay Nair
In a special leave petition (criminal) against Delhi High Court’s decision wherein dismissal of Vijay Nair’s bail application in Delhi Excise Liquor Policy matter by the Trial Court was upheld, the Division Bench of Hrishikesh Roy and SVN Bhatti, JJ. granted bail to Nair, holding that he was lodged in jail for a considerable period and there was little possibility of trial reaching finality, in near future. The Court said that the cardinal principle of bail being the rule and jail being the exception will be entirely defeated, if he is kept in custody as an under-trial for such a long duration, when has already been in custody for over 22 months. Read more
Swati Maliwal Assault Case| Supreme Court grants bail to Arvind Kejriwal’s PA Bibhav Kumar
The Division Bench of Surya Kant and Ujjal Bhuyan, JJ. granted bail to Delhi Chief Minister Arvind Kejriwal’s Personal Assistant Bibhav Kumar in the Swati Maliwal assault case, on several terms and conditions. The Court said that the conclusion of the trial will take some time, and he has been under custody for over 100 days. Moreover, since the chargesheet has already been filed, his release will not cause prejudice to the investigation, which is already complete. Read more
NDPS| SC grants bail to man accused of possessing 450 gm smack upon considering 1.5 years of incarceration
In a criminal special leave to appeal against Rajasthan High Court’s order dismissing the bail application of the accused person for offences punishable under Section 8 read with Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, who was accused of possessing 450 grams of smack, the Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. directed for the release of the accused person on the usual terms and conditions to be decided by the Court concerned. Read more
[Delhi Excise Liquor Policy] Supreme Court grants bail to Delhi CM Arvind Kejriwal in CBI case
In a set of two criminal appeals by Delhi Chief Minister Arvind Kejriwal seeking bail in the Central Bureau of Investigation’s (‘CBI’) case in the Delhi Excise Liquor Policy matter and challenging the legality of his arrest by the CBI, the Division Bench of Surya Kant and Ujjal Bhuyan, JJ. granted him bail. While separate judgments were penned by Justice Bhuyan and Kant, however, there was a concurrent opinion that Kejriwal was entitled to be released on bail, subject to the terms and conditions. Read more
Accused in custody can apply for anticipatory bail in connection with a different case: Supreme Court
In an appeal against the Judgment passed by the Bombay High Court, wherein the Court concerning the maintainability of anticipatory bail, viewed that although the accused may already be in custody in connection with a money laundering case, yet he would be entitled to pray for anticipatory bail in connection with a different case, the three-Judge Bench of Dr. D.Y. Chandrachud, CJI, J.B. Pardiwala*and Manoj Misra, JJ. held that an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (‘CrPC’) is maintainable at the instance of an accused while he is already in judicial custody in connection with his involvement in a different case. Read more
Strict conditions for bail must be imposed where investigation reveals active role of accused in economic offence affecting the masses: SC
While considering that instant appeal challenging the impugned order of Bombay High Court, wherein the Single Judge Bench had granted bail to the respondent for offences under Sections 409, 420, 467, 468, 471 and 120-B of the Penal Code, 1860 (IPC) and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act); the Division Bench of Hima Kohli and Ahsanuddin Amanullah*, JJ., stated that, “In cases where the allegations and materials brought on record by the investigation and are in the nature of an economic offence affecting a large number of people, reveal the active role of the accused seeking anticipatory or regular bail, it would be fit for the Court to impose appropriately strict and additional conditions while granting such bail”. Read more
Section 132 of the Evidence Act
Qualified Privilege in Section 132, Evidence Act doesn’t grant complete immunity to witness who made self- incriminating statements: SC
While considering the instant appeal, wherein the Court had to decide whether the appellant was entitled for protection under Section 132 of the Evidence Act, 1872 as his statement was recorded earlier at the pre-summoning stage as a witness for the respondent bank; the Division Bench of Prashant Kumar Mishra* and Prasanna B. Varale, JJ., held that the qualified privilege under the proviso to Section 132 of the Evidence Act, 1872, does not grant complete immunity from prosecution to a person who has deposed as a witness and made self- incriminating statements. Read more
Kolkata Rape and Murder Case
[Kolkata Rape and Murder Case] SC takes note of mass abstentions of Resident doctors; Directs them to report for duty by 5 pm on 10-09-2024
In the instant suo motu matter concerning the rape and murder of a trainee doctor in R.G. Kar Medical College and Hospital, Kolkata, the 3-Judge Bench of Dr D.Y Chandrachud, CJ., J.B Pardiwala and Manoj Misra, JJ., on 9-9-2024, while perusing the status reports filed by the CBI and West Bengal Government in the matter, issued the following important directions.Read more
West Bengal Coal Scam
West Bengal Coal Scam | SC dismisses Abhishek Banerjee and wife Rujira’s appeal against ED summons
While considering the appeal filed by sitting Trinamool Congress MP, Abhishek Banerjee, challenging the dismissal of petitions filed by him and his wife, Rujira Banerjee, seeking quashment of summons issued by Enforcement Directorate under S. 50 of Prevention of Money Laundering Act, 2002 (PMLA); the Division Bench of Bela M. Trivedi and Satish Chandra Sharma, JJ., upon perusing the relevant provisions of PMLA, CrPC and PML Rules, 2005 vis-a-vis summons, dismissed the instant appeals stating that there was no illegality in the summons issued under S. 50, PMLA as appropriate procedure established under the Act was followed. Read more
Reduction of Sentence
SC reduces life sentence to 10 years imprisonment of man convicted for raping step-daughter, considering age and eight years of sentence undergone
In a criminal special leave to appeal against the decision of Kerala High Court, upholding the conviction of the present appellant/ convict to life imprisonment for offence under Section 376 of the Penal Code, 1860 (‘IPC’) for raping his step daughter, the Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. upholding his conviction, reduced the life imprisonment to sentence of ten years and retained the fine amount as Rupees Two lakhs. Read more
Bulldozer action against accused
[Bulldozer action against accused] SC to frame pan-India guidelines against demolition of property of accused
In a batch of petitions challenging the ‘bulldozer actions’ against properties of persons who are accused of some crime, the Division Bench of BR Gavai and KV Viswanathan, JJ. said that guidelines on ‘Pan-India Basis’ would be laid down, so that the concerns regard demolishing of properties of accused persons are taken care of. The Bench, hence, sought suggestions from all the parties in order to frame appropriate guidelines. Read more
Right of accused to file fresh discharge application
Section 216 CrPC does not give any right to accused to file fresh application seeking his discharge post framing of charges: Supreme Court
While considering the instant appeal wherein the Division Bench of Bela M. Trivedi* and Satish Chandra Sharma, JJ., took note of the respondent’s attempt to derail criminal proceedings against him by filing frivolous applications and stated that Section 216 of CrPC does not give any right to the accused to file a fresh application seeking his discharge after the charge is framed by the court, more particularly when his application seeking discharge under Section 227, CrPC has already been dismissed. The Court further reiterated that Section 216, CrPC is an enabling provision which enables the Court to alter or add to any charge at any time before judgment is pronounced; and if any alternation or addition to a charge is made, the Court must follow the procedure as contained in the provision. Read more
HIGH COURTS
Section 21(5) of National Investigation Agency Act, 2008
Timeline of 90 days for filing appeal prescribed under S.21 of NIA Act is ‘justice bar’, to be applied equally to accused and agency: Telangana HC
In a case wherein, appellant-Accused 2 prays for condonation of delay of 390 days in filing the criminal appeals against the orders dated 27-02-2023 passed by the IV Additional Metropolitan Sessions Judge-cum-Special Court for NIA Cases, Nampally, at Hyderabad. The Division Bench of Moushumi Bhattacharya* and Nagesh Bheemapaka, JJ., opined that the prescribed period under Section 21(5) of the National Investigation Agency Act, 2008 (‘NIA Act’), read with two provisos, was 90 days from the date of the judgment/order and that the “Justice Bar” could not be stretched or curtailed at will and must remain of equal length regardless of the litigant at both ends of the spectrum. The Court thus held that the appeals were maintainable and the delay of 390 days in filing of the appeals should be condoned. Read more
False rape case
Calcutta High Court directs POCSO Court to enquire against mother-daughter for filing false rape case under political pressure
In a petition wherein suo motu rule was issued due to the false allegations made by the complainant mother and her minor daughter, a Division Judge Bench of Arijit Banerjee and Apurba Sinha Ray, JJ. directed the POCSO Special Court to file a criminal proceeding against the complainant mother and her minor daughter if it is found that they had been responsible for furnishing false evidence under Section 192 of the Penal Code1, 1860 (‘IPC’). Read more
Acquittal
‘Contradictory versions and sketchy evidence’; Jharkhand HC sets aside conviction and death sentence of a man convicted for murder of his pregnant wife and 15-months-old child
In a death reference filed on behalf of the respondent and the criminal appeal filed on behalf of the appellant-accused, arising out of the judgment passed by the Trial Court, whereby the accused was convicted and sentenced to death under Sections 3021 and 342 of the Penal Code, 1860 (‘IPC’), the Division Bench of Ananda Sen and Gautam Kumar Choudhary*, JJ., stated that the prosecution had proposed that the accused was in the village on the night of evidence, but neither any oral nor electronic evidence was being led in support of it. An evening before the incidence, the informant had received a call from the deceased that she was abused, assaulted and threatened by ‘X’, but surprisingly the charge sheet was not submitted against her. There was evidence of past marital discord, but there was no evidence that the accused had extended life threat to the deceased. The Court stated that it was surprising how on these contradictory versions and sketchy evidence, the Trial court convicted the accused and awarded death sentence. Read more
Section 193(9) of Bharatiya Nagarik Suraksha Sanhita, 2023
“Any further investigation after filling of Police Report requires trial court’s permission under Section 193(9) of BNSS”: Rajasthan High Court
In a petition seeking the quashment of FIR dated 23-08-2019, registered under Sections 420, 406, 409, 467, 468, 471, 120-B of the Penal Code, 1860 (IPC), and Section 65 of the Information Technology Act, where the investigation resulted in multiple charge sheets, but none of the charges implicated the petitioner, a single-judge bench of Arun Monga, J., disposed of the petition as the petitioner was not an accused, and no supplementary charge sheet was proposed. The Court also referenced Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and asserted that further investigation after the filing of a police report could only be conducted with the trial court’s permission. Read more’
Right of accused to pursue education
‘Imprisonment does not restrict individual’s right to pursue education’; Bombay HC allows accused to take admission in LL.B course
In a case wherein petitioner sought direction to Respondent 3-University of Mumbai (‘University’) to grant him admission in the LL.B. course in Respondent 2-Siddharth College of Law, the Division Bench of A.S. Gadkari and Neela Gokhale, JJ., opined that imprisonment did not restrict an individual’s right to pursue further education and denying the opportunity to take admission in the College despite a seat being allotted by following the due process as prescribed, was a violation of the fundamental right of petitioner. Thus, the Court allowed petitioner to take admission in the LL.B. course in the said College for the AY 2024-25 for the batch of 2024-2027. Read more
False criminal prosecution
False criminal prosecution by wife against husband and his family amounts to cruelty: Allahabad High Court
In an appeal filed under Section 19 of the Family Courts Act, 1984, arising from the judgment and order passed by the Family Court, whereby the Court has dissolved the marriage between the parties without making any provision for permanent alimony etc, the division bench of Saumitra Dayal Singh and Donadi Ramesh, JJ. held that the act of cruelty alleged by the husband is proven. To that extent, the Court said that the decree of the Family Court calls for no interference. However, the Court directed a lump sum alimony of Rs. 10,00,000/- to be paid to the wife not later than 31-12-2024. Read more
Medical practitioners to be protected from frivolous and unjust prosecution, particularly which are for extracting unjust compensation: Bombay HC
In the present case, applicant approached this Court under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking to quash FIR in a case registered with Nimbhora Police Station, Jalgaon for offence punishable under Sections 304-A of the Penal Code, 1860 (‘IPC’) for allegedly prescribing irrational combination of medicines which resulted in death of complainant’s wife. The Division Bench of Vibha Kankanwadi and S.G. Chapalgaonkar*, JJ., opined that in absence of the material indicating direct nexus between the cause of death and medical treatment advanced by applicant, no case could be made out to prosecute him for the offence punishable under Section 304-A of IPC. Read more
Criminal contempt proceedings
Allahabad High Court dismisses Advocate’s vexatious contempt plea against Justice Sunita Agrawal
In contempt application filed by an Advocate under Section 15(1)(b) of the Contempt of Courts Act, 1971 (‘Act’) with the prayer to initiate criminal contempt proceedings against the then puine Judge of this Court Justice Sunita Agrawal (now Chief Justice of Gujarat High Court), the division bench of Ashwani Kumar Mishra and Dr. Gautam Chowdhary, JJ. while rejecting the present Criminal Contempt Application, for being wholly misconceived, frivolous, irresponsible and merit-less, said that in the interest of proper functioning of this Institution, such applications should be discouraged. More so, when the litigant happens to be an Advocate from whom the Court is entitled to except certain degree of responsibility and restraint as an Officer of the Court. Read more
Maintenance
‘Husband is not absolved from providing maintenance even if wife is capable of earning’; Delhi HC upholds order by Trial Court against husband having extra-marital affair
In a petition filed to challenge the order dated 19-09-2022 passed by Additional Sessions Judge-II (‘ASJ’), Saket Courts wherein the order dated 21-12-2018 passed by the Metropolitan Magistrate, Mahila Court, Saket which fixed maintenance of Rs. 30,000/- per month to be paid by the petitioner (husband) to the respondent (wife) was upheld, a Single Judge Bench of Subramonium Prasad, J. found the orders passed by the courts to be well reasoned and did not find any reason to interfere with the same. Read more
Well-qualified wife should not remain idle and dependent on maintenance from husband: MP High Court
In Criminal Revisions filed by both husband and wife regarding reduction of the maintenance amount and enhancement of the maintenance amount, respectively, a single-judge bench of Prem Narayan Singh, J., held that “well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband” and reduced the maintenance amount was from ₹60,000 to ₹40,000 per month. Read more
Bail matters
Calcutta High Court grants bail to DYF leader Kalatan Dasgupta and restrained authorities from taking coercive action
In a petition filed by Kalatan Dasgupta, a prominent leader of the Democratic Youth Federation (‘DYF’), seeking immediate relief from unlawful detention and to challenge the illegal actions of the respondent authorities for arresting him in blatant disregard of procedural safeguards, a Single Judge Bench of Rajarshi Bharadwaj, J. directed Kalatan Dasgupta to be released on bail and restrained the respondent authorities from taking any coercive action against him. Read more
Karnataka HC grants bail to 4 accused persons charged for alleged involvement in the murder of journalist Gauri Lankesh
The single Judge Bench of S. Vishwajith Shetty, J.*, on 4-9-2024 granted bail to 4 accused persons charged for their alleged involvement in the murder of journalist Gauri Lankesh in 2017. The accused persons were charged for offences punishable under Sections 302, 120-B, 118, 203 & 35 of Penal Code, 1860; Sections 25(1) & 27(1) of the Arms Act, 1959, and Sections 3(1)(i), 3(2), 3(3) & 3(4) of the Karnataka Control of Organized Crimes Act, 2000 (COCA Act). Read more
Transgender persons cannot invoke Section 69 of BNS: Himachal Pradesh HC grants bail to a man accused of sexual intercourse on false promise of marriage
In a petition filed by the petitioner-accused for confirmation of interim bail granted vide order dated 14-08-2024 in a case registered under Section 69 of the Nyaya Sanhita, 2023 (‘BNS’) and Section 18(d) of the Transgender Persons (Protection of Rights) Act, 2019 (‘the Act’), Sandeep Sharma, J., after perusal of Section 69 of the BNS coupled with Sections 154 and 164 of the Criminal Procedure Code, 1973 (‘CrPC’), wherein the victim specifically admitted herself to be a transgender, stated that no case was made out against the accused under Section 69 of the BNS. Read more
‘Role of Md. Haneef was to help in publication of ‘Islamic Movement’ magazine as a proofreader, not author’; Delhi HC grants bail to alleged member of SIMI
In an application filed to seek regular bail in a First Information Report (‘FIR’) registered under Sections 153-A/153-B/120-B/34/174 of the Penal Code, 1860 (‘IPC’) and Sections 3/10/13 of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’), a Single Judge Bench of Manoj Kumar Ohri, J. considered the fact that the name of the applicant surfaced after 22 days of registration of the FIR and directed to release him on regular bail. Read more
‘Detention based on Look Out Circular amounts to arrest, violates fundamental rights’; Bombay HC declares Singapore resident’s arrest illegal
The present writ petition was filed by petitioner praying for issuance of writ of Habeas Corpus or any other order or direction, seeking his release, stating that he was illegally detained and also sought directions for quashing and setting aside of remand orders dated 15-08-2024 and 17-08-2024, as his arrest was not in accordance with law. The Division Judge Bench of Bharati Dangre* and Manjusha Deshpande, JJ., held that petitioner’s custody based on a Look Out Circular, right from his interception at 10:00 pm on 13-08-2024, at Ahmedabad Airport, amounted to his arrest, which, being non-compliant with the constitutional safeguards guaranteed under Articles 22(1) and 22(2) of the Constitution and Section 501 of the Criminal Procedure Code, 1973 (‘CrPC’), made his arrest illegal being violative of his fundamental rights. Thus, the Court declared the arrest and subsequent remand orders as illegal. Read more
Rajasthan High Court consolidates trials for 259 FIRs against Sanjivani Group Chairman; Upholds Right to Fair and Speedy Tria
In a writ petition filed by the Chairman of Sanjivani Groups seeking the consolidation of the trials, given the identical nature of the allegations, i.e., cheating and misappropriation of funds, to protect his fundamental right to a speedy and fair trial, single-judge bench of Farjand Ali, J., directed the consolidation of cases based on geography and then transfer them to appropriate judicial forums for efficient and fair trials, thereby ensuring the accused’s rights under the law. Read more
Allegations are general in nature’; Bombay HC grants bail to trustees, homeopathic doctor allegedly providing bogus doctors to M. T. Agarwal Hospital
In the present case, bail applications were filed by applicants seeking bail in a case registered with Mulund Police Station, Mumbai, for offences under Sections 112, 117, 120-B, 302, 307, 416, 419, 426, 465, 471 read with Section 341 of the Penal Code, 1860 (‘IPC’), and also Section 33 of the Maharashtra Medical Practitioners Act, 1961 (‘the 1961 Act’) for providing bogus doctors to M. T. Agarwal Hospital. A Single Judge Bench of Manish Pitale, J., opined that the allegations were omnibus and general in nature and neither the statement leading to registration of FIR nor the documents that were placed on record, during investigation, identify individual deaths or sufferance of individuals due to the alleged acts of commission and omission on the part of applicants. The Court thus released the three applicants on bail. Read more
Anathema to democratic & orderly society’; Orissa HC grants bail to young woman lawyer over alleged custodial assault, harassment
In a bail application for a young practising lawyer (petitioner- accused) who suffered at the hands of police and sustained injuries, Aditya Kumar Mohapatra, J. accepted the hearing of the matter on special notice concerning the gravity and seriousness of the matter and directed to release her on bail. Read more
DHFL Bank Fraud case| ‘Definitely required regular and periodical medical attention’; Delhi HC grants bail to Dheeraj Wadhawan on medical grounds
In a bail application filed under Section 439 read with Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) for grant of bail on medical grounds, Sudhir Kumar Jain, J., stated that there could not be any compromise with the applicant’s life merely because he did not require immediate hospitalisation. The applicant definitely required regular and periodical medical attention. Mere fact that at present hospitalisation of the applicant was not required and could be treated on outpatient basis did not disentitle the applicant from grant of medical bail, particularly when the applicant was suffering from various serious ailments requiring constant, regular and periodical medical treatment. Thus, the applicant was entitled for grant of medical bail as per proviso to Section 437(1) of the CrPC. Read more
Read why Delhi HC granted default bail to fake doctors for offence under Section 304 IPC, due to procedural error by the Police
The accused persons approached the instant Court challenging the rejection of their applications for the grant of default bail. The single-Judge Bench of Subramonium Prasad*, J., noted that one of the alleged offences against the accused persons was under Section 304 of the Penal Code, 1860 (‘IPC’), however, the police converted the offence to Section 304 Part I (‘304(I)’) on the 89th day since their arrest. The Court stated that since which Part applies to the case can only be determined at the concluding stage of trial, the period of detention proposed under Section 167 of the Code of Criminal Procedure, 1973 (‘CrPC’) shall be 60 days, unless the facts of the case indicated towards an extended detention. The Court held that 60 days had lapsed since the accused persons were arrested, and the police had not filed the chargesheet until the 89th day, therefore, they were entitled to default bail. Read more
‘Would like to prevent a situation where lengthy and arduous trial becomes punishment in itself’; P&H HC grants bail to UAPA accused in custody for 3 years and 8 months
In an appeal filed by the appellant-accused challenging the order dated 14-07-2023 passed by the Additional Sessions Judge, Patiala whereby his bail application in the FIR registered under Sections 13, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’), Section 25 of the Arms Act, 1959 was dismissed, the Division Bench of Anupinder Singh Grewal and Lapita Banerji, JJ., stated that Article 21 of the Constitution enshrined the fundamental right to protection of life and liberty which includes the right to speedy trial. The Court stated that the accused was in custody for about three years and eight months and the Constitutional Court would like to prevent a situation where the lengthy and arduous process of trial, becomes the punishment in itself. Read more
‘No direct involvement in crime’; Gujarat HC grants bail to a child in conflict with law accused of abetting suicide of family
In a revision application against the orders of the Trial Court and the Juvenile Justice Board whereby, the bail applications of the child in conflict with law were rejected, Gita Gopi, J. allowed the application for not being directly involved in the offences under Sections 108, 115(2), 308(5) and 54 of the Nyaya Sanhita, 2023. Read more
[Haldwani Violence] ‘Appeal lies u/s 21 of NIA Act before Division Bench’; Uttaranchal HC dismisses bail plea of Abdul Malik
In the present case, applicant had sought his release on bail as he was in judicial custody for case filed under Sections 147, 148, 149, 307, 395, 323, 332, 341, 342, 353, 412, 427, and 436 of the Penal Code, 1860; Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984; Section 7 of Criminal Law Amendment Act, 1932; Sections 3/25, 4/25, 7/25 of the Arms Act, 1959; and Section 15/16 of the Unlawful Activities (Prevention) Act, 1976 (‘UAPA’), registered in Police Station Banbhoolpura, District Nainital. A Single Judge Bench of Ravindra Maithani, J., held that the present bail application was not maintainable before this Court, instead an appeal would lie under Section 21 of the NIA Act before the Division Bench of this Court. Thus, the Court dismissed the bail application as being not maintainable. Read more
Anticipatory bail
‘No intention to disturb law and order or public order/peace’; Bombay HC grants anticipatory bail to person alleged to be a supporter of Naxalism
In the present case, applicant seeks anticipatory bail in a case registered with the police station for an offence punishable under Section 153-A(1)(b) of the Penal Code, 1860 (‘IPC’). A Single Judge Bench of Urmila Joshi-Phalke, J., granted bail to applicant and stated that the investigation papers nowhere reveal that there was any mens rea on his part to disturb the law and order or public order or peace and tranquility in the area where applicant had circulated the message “Jai Bharat, Jai Samvidhan, Jai Naxalwad”. Read more
‘Section 482 of BNSS widens discretionary powers of Courts hearing anticipatory bail applications’: Chhattisgarh HC grants anticipatory bail to a woman and her uncle
In an application filed by the applicants under Section 482 of the BNSS apprehending their arrest for offence punishable under Sections 451, 394/343 of the Penal Code, 1860 (‘IPC’), Goutam Bhaduri, J., observed that under Section 438 of Criminal Procedure Code, 1973 (‘CrPC’), there were several guiding factors which were needed to be considered while granting the anticipatory bail. However, the new provision i.e. Section 482 of BNS deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice. This deletion widened the discretionary powers of the court hearing such applications. Read more
Bombay HC rejects Builder’s pre-arrest bail plea in Building Collapse case leading to loss of lives; calls for thorough investigation
In the present case, applicant seeks pre-arrest bail in a case registered at NRI Sagari Police Station, Mumbai, for offences punishable under Sections 105, 125(a), 125(b), and 324(4) read with Section 3(5) of the Nyaya Sanhita, 2023, and Section 54 of the Maharashtra Regional and Town Planning Act, 1966 (‘the 1996 Act’). A Single Judge Bench of R.N. Laddha, J., after noting that a building collapsed and three people lost their lives, stated that a thorough investigation was necessary to uncover the circumstances surrounding the building’s construction and prolonged unauthorized status. The Court rejected the application for pre-arrest bail as the investigation was at a nascent stage. Read more
Sexual Assault
‘Compensation is essential part of curing justice’; Delhi HC enhances compensation to Rs. 10.5 lakh for minor victim of sexual assault by father
In a petition filed to seek setting aside of the order dated 15-03-2022 passed by the Additional Sessions Judge (‘ASJ’), South-East District, Saket Courts, New Delhi by which the Special Court awarded a final compensation of Rs. 10,000/- in an application filed by the petitioner under Section 33(8) of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) and Rule 9 of the POCSO Rules, 2020, a Single Judge Bench of Manoj Kumar Ohri, J. opined that the maximum compensation for ‘unnatural sexual assault’ is to be treated as minimum compensation for the offence of ‘aggravated sexual assault’ in the present case and directed the Delhi State Legal Services Authority (‘DSLSA’) to pay the enhanced compensation of Rs. 10.5 lakhs to the petitioner. Read more
Gujarat HC transfers minor boy’s sexual assault and murder probe to CBI on no fruitful outcome by police after 9-years
In a special criminal application moved by petitioner-father seeking transfer of the investigation of his son’s death to CBI, Hasmukh D. Suthar, J. said that no fruitful outcome of the investigation was given on record, despite various orders passed by the Court, hence, considering the seriousness of the offence and the inability of the respondent authority to detect an offence and the fact that more than nine years had passed without any fruitful outcome of investigation, the respondent authority was directed to hand over the investigation of the FIR to Central Bureau of Investigation, along with all related case documents for the investigation. Read more
[POCSO] Delhi High Court quashes charges against mother accused of failing to report daughter’s sexual assault by father
A petition was filed by the petitioner (mother) under Section 482 of Criminal Procedure Code assailing order dated 02-05-2024 (impugned order), passed by Additional Sessions Judge-01 (POCSO), North West/Rohini in case registered at Police Station [“PS”] Maurya Enclave wherein the charges were framed against the mother under Section 19(1) of Protection of Children from Sexual Offences punishable under Section 21 POCSO. Anish Dayal, J., sets aside the charges framed against the mother and held that letting the charge under Section 21 POCSO against petitioner, in the facts and circumstances of this case, would cause grave prejudice to not just the mother who herself is a victim, but also to the prosecutrix who is solely dependent upon her mother for support. Read more
‘Victim was below the age of 16 years’; Bombay HC sets aside Children’s Court order discharging father of allegedly committing sexual assault on daughter
The present revision petition was filed challenging the order dated 21-09-2021 passed by the Children’s Court whereby respondent was discharged from the offence punishable under Section 8(2) of the Goa Children’s Act, 2003 (‘the 2003 Act’) only on the ground that the victim was 16 years 4 months old on the day of the alleged incident which occurred on 14-02-2021. Read more
Right to fair & speedy trial
[Right to fair & speedy trial] Rajasthan High Court quashes corruption charges against 100-year-old man and his 96-year-old wife due to 18-years Trial delay
In a criminal miscellaneous petition challenging the 10 years delay in trial process and seeking the quashment of the charges in the alleged corruption case, a single-judge bench of Arun Monga, J., quashed the charges against petitioner 2 (father), petitioner 3 (mother), and petitioner 4 (wife), citing the prolonged delay, lack of evidence, and the health conditions of the elderly parents and ordered the trial for petitioner 1 to continue with priority. Read more
Medical certificates to prisoners for parole
‘Only Eagle Multispeciality Hospital is issuing medical certificates to prisoners for parole’; Bombay HC directs inquiry to check if there is any connection
The present petition was filed seeking the relief that this Court should issue appropriate writ, order, or directions to quash and set aside the impugned order dated 28-08-2024 passed by Respondent 2 and to sanction 30 days extension of parole leave to petitioner on humanitarian grounds in the interest of justice. The Division Bench of Vibha Kankanwadi and S.G. Chapalgaonkar, JJ., rejected the petition and directed the District Superintendent of Police, Aurangabad to conduct inquiry either by himself or through responsible high rank officer, to see how frequently the certificates for parole were issued and what was the connection, as only one hospital, that is, Eagle Multispeciality Hospital, was now issuing such certificates to prisoners. Read more
Identity of victim
WhatsApp news group will come within domain of ‘any form of media’; Jharkhand HC dismisses petition to quash charges against Local MLA accused of disclosing identity of rape victim
In a criminal revision petition filed to quash the order dated 21-11-2011, passed by the Additional Sessions Judge-III-cum-Spl. Judge, Dumka, whereby the charges against the petitioner under Sections 228(A), 120-B of the Penal Code, 1860 (‘IPC’), Sections 74(1) and 74(3) of Juvenile Justice Act, 2015 (‘the JJ Act’) and Section 23 of Prevention of Children from Sexual Offences Act, 2012 (‘POCSO Act’) had been framed, Arun Kumar Rai, J., stated that prima facie WhatsApp news group in the name of ‘Nala News’ wherein message regarding identity of victim and her photograph were sent, would come within the domain of “any form of media” & “audio-visual media”. Thus, the Court stated that no interreference was required in the impugned order and dismissed the present petition. Read more
Domestic violence case
‘Maintenance under Domestic Violence Act unrelated to inability of wife to maintain herself’; Delhi HC directs Trial Court to pass final order in domestic violence case
In a petition filed under Section 3971 read with Section 401 of the Code of Criminal Procedure, 1973 (‘CrPC’) to challenge the judgment dated 29-04-2023 passed by the Additional Sessions Judge (‘ASJ’), South District, Saket Courts and the order dated 20-08-2022 passed by the Trial Court, a Single Judge Bench of Amit Mahajan, J. dismissed the present petition and directed the Trial Court to pass the final order uninfluenced by the observations made in the impugned judgment dated 29-04-2023 or in the present judgment. Read more
Magistrate can grant interim Residence Order before Trial if plea Prima Facie discloses Domestic Violence: J&K High Court
In a petition challenging the Session Court’s order setting aside the Magistrate court’s order to respondent (husband) to provide safe and secure residence to the petitioner (wife) in the shared household, a single-judge bench of Sanjay Dhar, J., affirmed the Magistrate’s authority to pass interim residence orders under Section 23 of the DV Act to ensure immediate relief to the aggrieved person and restored the Magistrate court’s order granting the residence order. Read more
POCSO
Karnataka HC refuses to quash POCSO case against Drawing Teacher for allegedly taking photos/videos of minor girls changing dresses
While considering the instant petition seeking quashment of FIR registered for offences punishable under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act); the Bench of M. Nagaprasanna, J., taking note of the fact that the petitioner was a school teacher who had allegedly shot videos and took pictures of girl children at the time when they were changing their dresses, refused to quash the proceedings, stating that being a teacher it was indecorous on the part of the petitioner and the alleged offence is unpardonable, albeit prima facie. Read more
Quashing of FIR
‘Breaking open lock without wife’s consent was a well-thought out & deliberate act in collusion with her husband’; Bombay HC refuses to quash FIR against landlord
The petitioners (owners of rented property) sought the quashing of FIR registered for the offences punishable under Sections 427, 448, 453 read with 344 of the Penal Code, 1860 (‘IPC’). The Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., perused the record, and found that the petitioners had colluded with respondent 2/ husband to dispossess respondent 1/ wife from the property, that had been rented to the respondents 1 and 2 on leave and license basis. The Court noted that the leave and license agreement stipulated that the petitioners were to follow the provisions of the Maharashtra Rent Control Act, 1999 (‘Rent Act’) to evict their tenants and said that they could not have taken the law in their hands. The Court held that cognizable offences as alleged under the FIR had been committed and refused to quash the same. Read more
