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“The allegations in the present case are not merely of a single isolated incident but reveal troublesome conduct of the accused spanning over several months, involving physical intimidation and digital harassment.”
“This is not a case of insufficient evidence, but a case of no evidence at all.”
“A commercial activity involves investment of capital, profit and loss and co-operation of labor; on the other hand, the professional service of rendering advice in law is dependent upon one’s own academic qualification and individual skill. These peculiar and distinctive features of the legal profession do not permit its inclusion in commercial or semi-commercial activity, establishment, or institution.”
“Filing of charge-sheet is not an empty formality and it should contain all the details for not sending accused for trial, to enable the Magistrate to decide whether to accept the report and discharge the bonds or order further investigation or to take cognizance of the offence.”
“The case at hand exhibits an exceptional factual prism, impelling a deeper scrutiny beyond the conventional principles governing the subject. Unfortunately, the High Court while passing the impugned order also overlooked the germane factual position and saw the issue as merely being one of cancellation of bail.”
The accused, who was a bus driver, was obligated to sound the horn, wait a reasonable period, or seek assistance from the conductor before moving the bus. Failure to adopt such precautions constituted negligence as a public bus driver.
The case was pending before the Magistrate for almost 10 years, but during that entire period, the petitioner did not make any effort to examine the allottee as a witness. This clearly showed lack of due diligence by the petitioner during the trial before the Magistrate.
“The prosecution had examined only 27 witnesses by 11-8-2025 out of 170 witnesses cited by it. Thus, the possibility of concluding of the trial in the near future appeared remote while the accused had already served more than a decade in prison.”
“With anguish and pain, this Court observes here that the learned Magistrate as well as learned Additional District & Sessions Judge failed to exercise their discretion in right perspective and in a very casual manner, decided the bail applications, placed before them.”
Witness Protection Scheme is a remedial and curative measure, designed to neutralise the effects of threats once they have materialised. Bail cancellation, on the other hand, is a preventive and supervisory function of the criminal court, whose duty is to ensure that the trial proceeds unpolluted by intimidation.
The Court observed that issuance of summons to produce a document against a person asking him to produce a document does not ipso facto makes the said person as a witness however, it would be highly unjust if the word ‘person’ used in Section 91 of the Code of Criminal Procedure is presumed to include an accused.
It remains undisputed on record that the complaint filed by Respondent 2 has disclosed commission of non-cognizable offence by the TV Today Network.
The Court reiterated that social media is misused by certain people in the garb of “Freedom of Speech and Expression” by posting such material that creates hatred and disharmony among the people, such actions are detrimental to national unity and public order.
2025 SCC Vol. 5 Part 4: Explore the latest Supreme Court Cases on the Cooperative Societies, Motor Vehicles Act, Service Tax, CrPC, Contract, Constitution, Human and Civil Rights, and Public Premises Act.
“As far as the present case is concerned, the interim order passed by the Magistrate cannot be said to be gross illegality or irregularity. The petitioner could very well approach the same court seeking order, modifying or vacating the aforesaid order if there are sufficient reasons. That apart, appeal is provided under Section 29 of the PWDV Act against the aforesaid order”
by Ankit Pathak*
by Gautam Khazanchi* and Vinayak Chawla**
by Asangha Rai*