Bringing you the Best Analytical Legal News
Supreme Court said that the recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of NDPS Act does not apply in this case
“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays often it has become a tool for their exploitation”
The month of October was focused on the long term battle on the same- sex marriage. Take a round of all the major judicial pronouncements by the Supreme Court during this month along with some never reported judgments and write ups on the Supreme Court Judges through the know-thy Judge segment.
The court at the stage of bail has to only see the prima facie case. Even in the case of MCOCA, the court is not required to arrive at a positive finding that the applicant has not committed such an offence because in such a case it will be impossible for the prosecution to obtain a judgment of conviction of the applicant in case the bail is granted.
Supreme Court found the case fit for recalling the witnesses for further cross-examination but added that the power to recall witnesses under S.311 CrPC ought to be exercised sparingly and mere hostility by a witness, per se, would not be sufficient grounds to infer misuse of concession of bail.
Earlier in a writ petition concerning the issue of continuation of V. Senthil Balaji as a Cabinet Minister of the State consequent to his arrest, the Court left it to Chief Minister MK Stalin to decide about the continuance of Senthil Balaji (who is in judicial custody) as a Minister without Portfolio
The Court stated that the objections raised by respondent that if petitioner was released on bail then he may abscond to evade criminal justice, are untenable because the petitioner is a Secretary for SDPI political party.
Earlier, the Bombay High Court had refused to grant bail to the accused considering the seriousness of the offence.
“It is observed that in Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, the word “shall” means “it is mandatory for the accused to furnish bail bond with surety”.”
The Court did not express anything on the merits of the case and released the accused considering the period in custody and reasonable time for conclusion of Trial.
“This Court must record its concerned about the manner, in which, the mandatory provisions of Section 33(7) of the Protection of Children from Sexual Offences Act, 2012 are being violated, with impunity.”
The accused had spent nearly 6 years and 2 months in jail, which is more than half the period of punishment for the offences he was charged with.
Writing a judicial order in a careless fashion and making presumptions based on gender does not reflect well on the judicial philosophy of treating all genders equally. Any presumption based on gender has no place within our justice delivery system unless provided by law.
“A heinous crime such as acid attack on a woman in broad daylight, in a thickly populated area can evoke strong emotions in the society in addition to inflicting grave psychological trauma to the victim.”
While considering matters involving sexual offences, a Court must be mindful that the incidents of sexual violence have adverse effects on the overall growth and development of the said human being, thus it is in the interest of justice and society at large that proceedings are handled with due care and precaution, especially when the Court is dealing with an application for releasing the accused on bail.
“The british concept of changing partner in every season cannot be considered to be hallmark of a stable and healthy society. The security and stability which the institution of marriage provides to an individual’s life cannot be expected from live-in-relationship.”
The applicant behind bars will be violative of Article 21 as the status of the applicant is merely that of a suspect till the outcome of the proceedings emanating therefrom as the applicant is innocent till proven guilty.
Madhya Pradesh High Court granted bail with a direction that the order of bail remained effective until the end of the trial, with a provision for its ineffectiveness in the case of bail jump or breach of conditions.
The Supreme Court was of the opinion that the Rajasthan High Court seemed to have been primarily swayed by the delay in filing the complaint i.e. 13 months for granting bail in favour of the accused, without considering other important facts.
Supreme Court clarified that the bail has been granted, solely on medical grounds and not on merits