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“Considering the pendency of very old criminal appeals, priority is usually given to the hearing of the appeals where the accused are in prison. The appeals against conviction where the accused are on bail take a backseat”.
The CCTV footage exhibited before the Court does not clearly reveal the shooter’s identity. Moreover, the forensic analysis of the CCTV footage and the Call Detail Records analysis of the accused’s mobile phone is still pending. Therefore, the Court refrains from drawing any conclusions at this stage.
The applicant, on earlier occasions also, had harassed, ill-treated, and beaten up the victim.
Earlier, the Court had permitted him to attend a ‘Fatiha’ ceremony of his father Mukhtar Ansari, who died on 28-03-2024.
“Whether the investigation under NDPS Act is to be completed within 60 days or 180 days is totally dependent upon FSL report.”
On perusal of the arrest memo shows that though there is column providing for ‘reasons of arrest’ against which it is stated “for the purpose of fair investigation” but neither there is column for ‘grounds of arrest’ in the arrest memo nor it is the case of the prosecution that the ‘grounds of arrest’ were separately served upon the present petitioner at the time of his arrest.”
It is unfortunate that despite directions from Supreme Court and this Court, the trial has not yet concluded. This was unacceptable, considering that such directions were passed while disposing of the bail application, and the accused is in judicial custody for over 10 years. Such prolonged delay in compliance with judicial directions defeats the very purpose of directing expeditious trial.
“Bleak hope of any speedy trial in the matter.”
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
A case was registered against PC George, alleging commission of offences punishable under Sections 196(1)(a), 299 of Bharatiya Nyaya Sanhita, 2023 and Section 120(o) of Kerala Police Act, 2011.
“The victim has left her parents’ house without informing the parents and stayed with the accused for 3 days and 3 nights, she also confessed that she was in love with the accused and travelled along with him to different places and had a consensual encounter.”
Inmates face social stigma which can disrupt relationships with family and friends and the incarcerated persons often suffer long-term consequences from having been subjected to pain, deprivation, and extremely atypical patterns and norms of living and interacting with others.
“Both the parties were of the age to have a reasonable understanding of the import of their conduct, and despite that, had engaged in the said act over a substantial period of time.”
The witness stated that he has seen Applicant 2 at the incident spot, but the Court noted that his statement is recorded after three years.
A quick legal roundup to cover important stories from all High Courts this week.
“Consideration of two conditions mentioned in Section 45 is mandatory, and while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA.”
High Court should have independently applied its mind and arrived at a conclusion as to whether a case for grant of bail, on settled parameters, had been made out or not.
A quick legal roundup to cover important stories from all High Courts this week.
“Accused is at the threshold of his adult life, halting his education and subjecting him to further custody at this stage would make it highly likely that he would be entangled in the vicious cycle and downward spiral of criminality making him a hardened criminal posing a future perpetual threat to the society.”
“Constantly witnessing his peers moving ahead in life causes frustration which could create an emotion of rebellion, and coupled with the exposure to criminality in prison, it could easily gain traction and push him to become a hardened criminal.”