HIGH COURT OCTOBER 2024 WEEKLY ROUNDUP| Stories on Pune Porche Accident Case; Bahraich Violence; Reservation policy for transgenders; and more
A quick legal roundup to cover important stories from all High Courts this week
Bail Application
‘Deprivation of bail must be considered as a punishment’; Delhi HC grants bail to Sub-Inspector accused of allegedly demanding and accepting bribe
A sensitive approach is required to be acquired by the Courts while dealing with the offences constituting bribery allegations against a public officer as the same minimizes the trust of the public in public servants who are duty bound to protect them.
‘Cutting one’s nose is a serious crime due to its physical, emotional and social implications’; Rajasthan High Court denies bail
“Nose is a crucial part of the human body with both functional and symbolic importance. It also holds social and cultural significance, being a prominent feature of the face that contributes to identity, appearance and self-esteem.”
Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault
The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Delhi High Court denies bail to Amandeep Singh Dhall in Liquor Excise Policy Scam case
The Delhi High Court said that the allegations against Amandeep Singh Dhall were serious in nature and their impact on society at large must be considered as a factor for adjudicating bail.
Delhi High Court denies bail to alleged NSCN-IM member in terror funding case
The Delhi High Court says that being a government employee, the appellant cannot be permitted to be free by merely contending that the accounts, though in his name, were being managed by the co-accused.
Delhi High Court grants bail to accused for having a sexual relationship on the false pretext of marriage
Court said evidence shows a consensual relationship between two adults where promise to marry may not have been motivating factor for sexual relationship.
Crucial to extend education to encompass concept of ‘Virtual Touch’ apart from ‘Good and Bad Touch’; Delhi HC rejects bail application of POCSO accused
The Delhi High Court says that efforts must be taken to teach children about critical thinking skills to assess the credibility of online contacts and safeguard their personal information.
Read why Kerala HC declined bail to accused persons in Puthiyakavu Temple blast case
Kerala High Court remarked that Kerala has a grim history of fireworks-related accidents
Calcutta High Court rejects anticipatory bail in Child Marriage case; directs awareness programs by Woman and Child Department to raise awareness
Calcutta High Court emphasised on the importance of sensitization and awareness programs to prevent marriages involving minors or adults who have not attained the legal age of marriage.
‘Issuance of Rule Nisi and posting bail applications after weeks without adverting to merits be curbed immediately’; Directions in Satender Kumar Antil to be followed: Gujarat HC
“The bail applications should be disposed of within two weeks and applications for anticipatory bail are to be disposed of within six weeks”.
[Bumble Relationship] | Delhi Court grants bail to a man accused of rape under section 376 IPC
While considering the complexities introduced by dating apps like Bumble, the court balanced the need for bail with the imperative of upholding the integrity of the trial process.
Accused cannot be coerced to reveal/disclose password in regard to digital evidence while trial is ongoing: Delhi High Court
“The concerned Investigating Agency cannot expect anyone who is an accused, to sing in a tune which is music to their ears, more so, whence such an accused, is well and truly protected under Article 20(3) of the Constitution.”
Misrepresentation and Extortion in POCSO case| ‘Using name of Judges for commission of offences brings disrepute to judicial system, shakes community’s faith’; Delhi High Court denies bail
“This case and order will serve as a reminder that general public shall not believe unscrupulous persons and give them money, even if they are assured that they will get some work done from within the judicial system by such payment.”
Second bail application concealing facts leads Punjab and Haryana HC to impose 1 lakh cost on lawyer
“Exemplary costs need to be imposed so that no one could dare to take the Courts for a ride.”
Karnataka HC sets aside bail order on ground of denying informant the right to participate in proceedings
The High Court also issued directions for effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about filing of regular and anticipatory bail applications and other connected issues.
Duty of police to produce imprisoned accused before Court; accused cannot be blamed for negligence by police: Supreme Court
Supreme Court noted that the bail application was rejected as the accused did not appear before the Trial Court.
Madras HC directs Principal Sessions Court to hear V Senthil Balaji’s bail plea in money laundering case; Set aside transfer of case to MP/MLA Court
“Since the territorial jurisdiction of the present case is in Chennai only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government, which comes under the jurisdiction of the PDSJ, Chennai, naturally the said case has to be tried in the said Court”
[Principle of Judicial Propriety] Successive bail application needs to be decided by the same Judge on merits, if available at the place of sitting: Bombay High Court
If successive bail applications on the same subject are permitted to be disposed of by different Judges, there would be conflicting orders, and the litigant would be pestering every Judge till he gets an order to his liking resulting in the credibility of the Court and judicial discipline requires that such matter must be placed before the same Judge, if he is available, for orders.
Read why Delhi High Court granted bail in 102 Kg Heroin smuggling case
The Court said that it prima facie seems that the petitioner was merely acting as a trader and was not in the conscious possession of the contraband hidden in the consignment.