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The High Court granted anticipatory bail to noted hockey player Varun Kumar stating that he cannot be termed as influential person merely because he is an award-winning National Hockey Player.
“Another reason which points towards the petitioner’s misconduct is that he was aware of the pendency of the writ petitions and other civil proceedings and quietly ignored all such while issuance of provisional allotment.”
“Petitioner submitted that, he is aged about fifty-eight years and has undergone several surgeries including a stunt to his heart.”
“Applicants herein have joined investigation, as and when directed by the IO and there are no allegations of tampering with evidence or threatening any person associated with the case.”
Supreme Court found the appellant’s contention as unsustainable because they did not appear before the Court on issuance of bailable warrants but moved applications for bail.
The case of the prosecution that tele-callers were impersonating themselves as employees of Amazon and receiving calls from customers, who were facing problems related to Amazon Prime Videos and other services provided by Amazon.
“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”
“By way of judicial proceeding, an offence under Section 498-A of the Penal Code, 1860 can be compounded, but in the statute the offence has been made non-compoundable.”
“Judicial comity and judicial discipline demands that higher courts should follow the law. The extraordinary and inherent powers of the court do not confer any arbitrary jurisdiction on the court to act according to its whims and caprice.”
Punjab and Haryana High Court pointed towards the lack of a family level/Social Forum for redressal of grievances of a wife which leads her to launch criminal proceedings under IPC Section 498A.
“Considering the gravity of the offence committed by the husband, and the thought process that, as a husband, he was entitled to sexually, physically, and economically abuse his wife to the extent as mentioned in the complaint, goes against the very intent of the law of this country.”
It is the case of the prosecution that accused actively connived along with the co-accused in projecting herself to be a partner along with the complainant to obtain an overdraft facility from the bank.
The offence in the present case does not only cause harm to the victim in this case, but it is also fundamentally detrimental to the entire legal system.
“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”
A quick legal roundup to cover important stories from all High Courts this week.
Madhya Pradesh High Court warned the appellants of consequences, including contempt of court, for non-compliance with the directions.
“This Court will certainly not shut its eyes to the materials unearthed, since it relates not only to maintaining purity in judicial proceedings but upholding public faith in the system at large.”
Supreme Court also mentioned that the decision for quashing FIR in Rs 371 Crore Skill Development Case was likely to be delivered soon.
Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of Constitution, it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail.