Justice Anup Jairam Bhambhani Archives

‘Expedition of trial cannot be at cost of fairness’; Delhi HC permits cross examination of Head Constable in Delhi riots case

While this court does not fault the Trial Court for attempting to proceed with the trial expeditiously, but, denying to the petitioner (‘accused’) the right to cross-examine the Head Constable on an issue which is critical to his defence appears to have been a disproportionate sense of expedition.

Case Briefs High Courts

‘Right to speedy trial is not a ‘free-pass’ for every undertrial to be released on bail’; DHC dismisses bail petition of Neeraj Bawania in double murder case

“The record shows that the petitioner (‘accused’) has committed heinous offences while he was on bail in other cases; and he has been convicted in the offences committed while on bail. When there is a long list of serious criminal involvements, the apprehension that the accused suffers from recidivism cannot be dismissed as imaginary.”

Case Briefs High Courts

Delhi High Court directs Trial Court to return passport of accused under COFEPOSA and Customs Act by modifying bail condition

The Trial Court was directed to return the passport surrendered by the accused within 2 weeks of submission of application for the same.

Case Briefs High Courts

‘Adverse remarks against government servants have deleterious impact on their careers’; Delhi HC obliterates adverse observations against ED in Trial Court’s order

‘The law is clear that custody of an accused can be sought even after filing of a chargesheet or complaint.’

Case Briefs High Courts

‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’

The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.

Case Briefs High Courts

Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault

The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.