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In the case at hand, the petitioner’s wife had just given birth to a female child, thus, he approached the Court for bail to look after their well-being.
“It is clear that police has not conducted any videography of the recovery of motorcycles from the applicant or preparation of list of seized motorcycles, though, same is mandatory.”
When the lawyer failed in allegedly threatening the police officers, he drove away from the spot against their instructions.
In the case at hand, two people met through jeevansathi.com and subsequently physical relations were formed on various occasions on the false pretext of marriage.
“It enables the Court to secure important documentary evidence that may be in the possession of individuals or organization and helps prevent the destruction, tampering or loss of crucial documents, thereby maintaining the integrity of the judicial process.”
“The offence alleged in the FIR, which pertains to deceitfully obtaining money from innocent individuals under the pretext of securing government jobs cannot be viewed as merely private dispute between the accused and duped victims.”
“Considering that the accused is a young man, who is at fag end of his teen age, this Court is inclined to allow the present bail application and enlarge the accused on bail.”
“Beyond the immediate family, such acts corrode social conscience, and strike at the hope of a society to be free from discrimination. If such practices are allowed to continue, it would send a message that human life has little value.”
“If such data is not preserved, there is likelihood that the same may get lost and may not be available to the petitioner in support of his defense.”
“The State agencies, only show their defiance to the very objective of introducing provisions of Furlough/Parole and have no respect or care for the prisoners and their mental and physical health.”
The audience may be influenced by the material posted by social medial influencers and thus even if the content is deleted after being posted, it would reach a large set of audience, leading to republishing of the same and sparking a debate, which eventually affects the victim.
‘In our country, there are hermits and sages who do not have permanent homes or residences and stay in ashrams, and even those people can be and have been arraigned as accused.’
“Multiple fora, including the Delhi Police, Gurugram Police, and the Delhi High Court, have found him lacking locus and credibility. His petitions have been dismissed with costs, and the Bar Council of India has directed removal of his name from the Roll of Advocates.”
“The FIR in question was registered in 2007, but the cancellation report was prepared in 2007/2009 but the same has not been presented till the intervention of this Court.”
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.