Criminal Antecedents Have Societal Impact, Cannot Be Brushed Aside; Orissa HC Denies Bail in Extortion-Arms Act case
“The criminal antecedents of an accused cannot be brushed lightly as it has got definite impact on the society.”
“The criminal antecedents of an accused cannot be brushed lightly as it has got definite impact on the society.”
“The offence alleged to have been committed by the applicant herein has multifarious effects on the Society at large, more so, since the applicant has put the life and limb of one and all in utter danger.”
Non-furnishing information pertaining to criminal antecedents has the effect of causing undue influence which creates an impediment in the free exercise of electoral right by a voter.
“In the present case, Additional Advocate General contended that the police had taken the blood samples of the petitioner and the co-accused and had sent them to FSL for analysis, the result of which was still awaited.”
The Court stated that while considering the bail applications, accounting for the criminal antecedents of the accused has been a subject matter of concern for the courts across the country.
Tahir Hussain, who was formerly a member of Aam Aadmi Party, has been in custody in connection with 2020 Delhi Riots cases, murder and offences under PMLA.
Petitioner was directed to ensure that the persons with criminal antecedents did not participate in the Hanuman Vijaya Yatra.
Delhi High Court highlighted the commitment to upholding the principles of juvenile justice and protecting individuals from undue repercussions for offenses committed during their minority.
“It is pertinent to note that the law relating to disclosure of criminal antecedents of the candidates in the Electoral fray has further marched from April to May and now to the June of life”.
The figures show that there are as many as 5,175 subject cases against elected MPs/MLAs pending as of November, 2022. Of these, cases that are pending for more than 5 years are as many as 2,116, which figure is more than 40% of such pendency.
“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.
The alleged non-compliance with statutory and Election Commission mandated regulations, and their legal effect, cannot be examined through a summary proceeding under Order VII Rule 11, CPC, or even under Order XII Rule 6, CPC.
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