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The accused was arrested for allegedly writing objectionable comments on his Instagram account “I Love Mohammed ke liye gardan katwa bhi sakte hai aur kaat bhi sakte hain”.
The Court noted that the case indeed involved an international gang of poachers and traffickers of wildlife animals like Pangolin, and the accused prima facie seemed to be involved.
In the present case, the petitioner was granted anticipatory bail with a condition to keep his location on, on his mobile and share the live location with the investigating officer.
The CBI laid a trap and caught the accused red-handed while demanding and accepting of Rs. 20,000 as part payment out of a total bribe of Rs. 30,000 from the complainants.
It was argued before the Court that the offences alleged against the appellants were very serious, and they can even be sentenced to imprisonment for life if the charges are proved.
“Entries contained in police records or arrest memos are merely declaratory and do not constitute infallible or conclusive proof of the time of arrest.”
The FIR alleged that he was operating a fake Embassy illegally in Kavi Nagar, Ghaziabad, by hoisting flags of various countries and putting diplomatic number plates on vehicles to defraud people. The Embassy did not have the permission of the Ministry of External Affairs.
The accused persons had posted an Instagram reel where they, along with others, stating, “Iran Ka Sath Dene Ja Rahe Hai Sab Milkar Allahu Akbar Hindustan Ka Musalman Na Kal Dara Tha Na Ham Aaj Darengey.”
In cases of mixed material, only the actual content of the flowering or fruiting tops is relevant for determining the quantity of ganja, and not the entire bulk weight.
Prosecution has to establish the guilt of the accused beyond reasonable doubt and must prove the allegations by oral or documentary evidence forming a complete chain of circumstances.
“The offence alleged strikes at the integrity, expected from a public servant more particularly a judicial officer.”
The Madhya Pradesh High Court examined whether anticipatory bail could stand when additional, more serious offences had already been taken cognizance of by the Magistrate.
The High Court examined whether reliance on CA reports, without summoning the scientific experts, affected the fairness of the trial in a case involving allegations of aggravated sexual assault and homicide
“Present case appears to be a case of mental depravity arising out of sibling jealousy, which needs to be addressed before it takes unruly dimensions in the society.”
“The contention that the marriage could not take place due to non-matching of kundalis appears inconsistent with his own conduct and representations made over the years. If the issue of kundali matching was indeed of such determinative importance for the applicant and his family, the same should have been resolved at the threshold before entering into physical relations.”
The Court noted that the accused doctor received commission for prescribing the cough syrup and his co-accused destroyed the evidence regarding cough syrup to save him.
“No doubt, the JJ Act is a beneficial legislation intended for reformation of the juvenile/child in conflict with law, but the law also demands that justice should be done not only to the accused, but also to the accuser.”
The accused had allegedly contravened Sections 318(4), 319(2), 336(3), 338, 340(2), 112(2) and 61(2)(a) of the Bharatiya Nyaya Sanhita, Section 66D of the Information Technology Act, and Section 13 of the Rajasthan Public Gambling Ordinance, 1949.
“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.