Bringing you the Best Analytical Legal News
In the present case, a 21-year-old accused is offered admission in International University of Applied Sciences Berlin (Germany) and wants to pursue his study abroad. However, he was denied permission to travel abroad on mere apprehension of fleeting the legal process.
“Instead of cancelling the bail on account of his non-appearance, the Court ought to have exempted his personal appearance with a direction to appear on the next date when the case was adjourned for arguments on the application under Section 239 CrPC and the punitive order of cancellation of bail could, thus, have been avoided.”
“The investigation conducted so far indicates that the accused might not be a citizen of India, and as such might not be able to procure sureties, or amount to furnish personal bonds, or amount in lieu of surety(s). By foreseeing such a likely possibility, in the event of non-furnishing of the bonds, the accused cannot be kept in jail for an indefinite period”.
“This Court cannot remain oblivious to the fact that in a pluralistic society like ours, certain acts like cow slaughtering can have severe repercussions on public peace when they offend the deeply held beliefs of a significant population group”.
The nuanced contours of exceptional circumstances are inextricably woven into singular factual matrix of each case, upon the Court’s discretion, and there may be multitude of factors resulting an accused to file, maintain and pursue his regular plea before the High Court straightaway.
The way trial proceedings are being carried out appears to be in derogation of the principles of fair trial.
The involvement of criminal justice system in cases pertaining to CGST Act begins at the stage of arrest and ends when bail is secured. Allowing such tendencies to go unchecked will raise serious doubts about efficacy of investigation, which naturally weakens the faith of the public in justice dispensation mechanism.
“There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the convict can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify the authenticity, such an officer can also verify it and may download and use the downloaded copy for attesting bonds.”
“Imposing fetter on maintainability of revision petition will be to restrict a right which is conferred by legislature. However, accused shall show tangible cause for not being present before Appellate Court concerned to receive his judgment and resultantly not being in custody at the time of filing/hearing of his revision petition.”
The Court further directed the District and Sessions Judge to convene a meeting of all judicial officers of the district regarding adoption of casual approach in criminal trials.
The accused had hoisted a saffron flag on a Mosque, replacing the National Flag already in place with an intent to hurt religious feelings of the members of Muslim community.
The petitioners sought relief against the refusal by the State to grant permission for a “Droher Carnival” planned for 15-10-2024, intended to bring attention to the alleged rape and murder of an on-duty postgraduate trainee doctor at R. G. Kar Medical College and Hospital on 09-08-2024.
The BNSS adopts a “citizen-centric” approach, balancing the rights of both the victims and the accused, respecting the human rights principles.