Justice Manjari Nehru Kaul Archives

‘Accused cannot be made to suffer due to police official’s error’; Punjab and Haryana HC upholds Trial Court’s order recalling denial of anticipatory bail

“Although the general rule is that a Criminal Court lacks jurisdiction to recall its own orders, it cannot be ignored that the dismissal of the anticipatory bail application of the accused persons occurred in circumstances that warranted reconsideration.”

Case Briefs High Courts

‘Co-operation with investigation doesn’t extend to self-incrimination’; Punjab & Haryana HC grants anticipatory bail to accused in Municipal Corporation corruption case

“The investigating agency must instead rely on independent and lawful methods to gather information rather than pressuring the accused to act against their constitutional safeguards. Insisting on custodial interrogation solely for self-incriminatory purposes is unconstitutional and sets a dangerous precedent.”

Case Briefs High Courts

Illegal and immoral transaction like bribe does not constitute legally enforceable liability; cannot give rise to criminal liability under NI Act: Punjab and Haryana HC

The appellant has himself unequivocally admitted during his cross-examination before the Trial Court that the cheque amount was paid as a bribe to the respondent for securing Government employment in the Punjab Police by certain job aspirants.

Case Briefs High Courts

‘Identity and autonomy of adult woman are not defined by her relationships/familial obligations’; P&H HC dismisses habeas corpus petition to release 30-year-old woman to her father

It is crucial to reaffirm that an adult woman, like any other citizen, possesses the right to be treated as an independent and autonomous individual, free from coercion and undue influence.