Criminal Antecedents Have Societal Impact, Cannot Be Brushed Aside; Orissa HC Denies Bail in Extortion-Arms Act case
“The criminal antecedents of an accused cannot be brushed lightly as it has got definite impact on the society.”
“The criminal antecedents of an accused cannot be brushed lightly as it has got definite impact on the society.”
Considering his criminal antecedents, the Court directed Anwar Kadri to mark his presence before the police station concerned on every Sunday between 12:00 Noon and 04:00 PM till the conclusion of the trial.
In the case at hand, it is evident from the Medical Ossification Report that the victim’s age is between 16-18 years.
“When lawyers boycott the Courts, it directly violates the rights of the litigants to speedy justice, as guaranteed under Article 21 of the Constitution.”
In the case at hand, the petitioner’s wife had just given birth to a female child, thus, he approached the Court for bail to look after their well-being.
“The impugned order is premised on the foundation that restrictions were placed on the rights of Sapna to travel abroad, whereas no such restrictions appeared to be placed on her, even in the bail order.”
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“The conviction and sentence awarded to convict shall also remain suspended during the pendency of this appeal, since he is a Government servant and his right to earn his livelihood for survival cannot be curtailed because of implication in this case.”
“A second/successive regular bail application cannot be rejected solely on the ground of maintainability thereof, but for such petition to succeed, the petitioner is required to show some substantial change in circumstances.”
The accused had been apprehended with pouches of MDMA, charas and ganja. The MDMA was later found to be methamphetamine by the forensic lab report.
“Prolonged incarceration without trial amounts to infringement of right of an accused enshrined under Article 21 of the Constitution of India.”
“Such practice not only delays the conclusion of the trial but also adversely affects the fundamental right to speedy trial guaranteed under the Constitution.”
“Considering that the accused is a young man, who is at fag end of his teen age, this Court is inclined to allow the present bail application and enlarge the accused on bail.”
“Once a Court grants bail to an undertrial or convict, then it is the right of that undertrial or convict to know about the bail order immediately, so that he/she does not remain confined in jail because of the laxity on the part of the judicial system, jail administration, or other instrumentality of the State.”
Covering all the important criminal law cases across various High Courts and the Supreme Court as well as the legislative updates, this roundup provides a quick summary of cases, latest legal updates in criminal law and links to other roundups.
“This is not a case of insufficient evidence, but a case of no evidence at all.”
“The alleged video also included audio suggesting that the two leaders were engaged in a conversation, expressing concerns that the public in both countries was dissatisfied with their leadership and sought to remove them from office.”
The Court noted that as per the doctor’s memorandum, he received 10 % commission for prescribing the cough syrup.
“The act of committing sexual assault on the victim by taking advantage of her poverty and her innocence and also particular community is ruthless act.”
“Specific allegations were levied against the accused by the victim, coupled with the fact that she was dragged into human trafficking by the present applicant and other co-accused.”