Justice Anoop Chitkara Archives

‘Need for vigilance at entry point rather than indiscriminate denial of bail’; Punjab & Haryana HC grants bail to foreigner in Rs 2.81 Crore cyber fraud case

“When a foreign national faces criminal prosecution within Indian jurisdiction, legal proceedings may tether them to the country, disrupting their academic aspirations, familial responsibilities, commercial enterprises, and personal liberties.Justice delayed is justice denied, but in the context of foreign nationals, justice prolonged is justice misplaced.”

Case Briefs High Courts

Appeal shall abate if fine imposed on conviction stayed by judicial order or deposited with Court before convict’s death: Punjab and Haryana HC

The issue is that the demise of appellants (‘convicts’) have rendered the power of attorney legally inoperative and invalid. As a fundamental principle of law, only a living person possesses the capacity to confer authority upon another to act on their behalf.

Case Briefs High Courts

‘Mother’s presence essential for fostering stable environment’; P&H HC grants anticipatory bail to a mother of ten-year-old despite prima facie evidence against her

As parens patriae, the Court has the responsibility to safeguard the child’s interests and could not relinquish this duty by placing her welfare in the hands of relatives.

Case Briefs High Courts

[BNSS] Punjab and Haryana HC determines governing law for time barred petition filed under CrPC before 30-06-2024 and pending as of 01-07-2024

The Court was of the view that the petition and the accompanying application seeking an extension of time were filed and registered in the registry of this Court when CrPC, 1973 was in force, hence, the matter would fall under the scope of Section 531(2)(a) and this petition should be adjudicated through the provisions of CrPC, 1973.