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Explore latest Cases reported in SCC’s High Court Cases (HCC) on criminal law, focusing on crimes against women and children, procedural aspects of CrPC, parole, bigamy, and the interplay between civil and criminal liability. Key cases include domestic violence non-compliance, bigamy during subsisting marriage, and parole based on reformation.
This Court has the power to suspend the sentence and conviction and grant bail to the petitioner after recording reasons and this Court, being the appellate court, has to consider irreversible consequences.
In the present case seeking regular bail by the accused, the charge-sheet comprising about 10,000 pages was filed over 1 year ago citing 49 prosecution witnesses, but charges are yet to be framed. Therefore, the Court stated that it is obvious that trial will take a long time to conclude.
“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.
Criminal Procedure Code, 1973 — Ss. 235(1) and (2) — Reopening of judgment of conviction: As per S. 235, a judgment of conviction, held
“Under Section 173(1) of BNSS, the police cannot refuse to register an FIR on the ground of “not having territorial jurisdiction” over the offence for the reason that some part of the offence was committed outside the local jurisdiction of that concerned police station.”
“In dealing with circumstantial evidence, there is always a danger that conjecture or suspicion lingering on mind might take the place of proof and therefore, the Court has to be watchful and ensure that such thing should not take place.”
Supreme Court said that the finding of the Trial Court on the ground to proceed against the accused is based on suppositions and suspicions, having no foundational support from the materials produced by the prosecution.
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.
Supreme Court said that AICTE itself never claimed that it was dishonestly induced to grant such approvals and that essential link is altogether missing, whereby any such criminal charge of cheating can be sustained against the accused persons.
“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.”
“It does not appeal to logic and probability that persons in the mob of Muslim Community will raise slogan of “Jai Shree Ram” or they will beat a Muslim person, while acting as part of a mob in a communal riot between Hindu and Muslim.”
Supreme Court noted that the right of the investigating officer to pray for further investigation in terms of Section 173 (8) is not taken away only because a chargesheet is filed under Section 173 (2) against the accused.
“The petitioner was the mastermind of the criminal conspiracy, whereas the co-accused, who have been enlarged on bail, are merely middlemen who assisted the petitioner in carrying out the conspiracy.”
“A prominent market in the heart of the capital city is attacked and we may point out that it has not been dealt with the required degree of promptitude and attention. To our great dismay, we are forced to observe that this may be due to the involvement of influential persons.”
The Status Report submitted by CBI suggested that a departmental inquiry must be initiated against Mr. Anupam Srivastava, the then CMD, BSNL as Head of the Management Committee of BSNL for making modifications in the payment milestone without deliberating upon the efforts to acquire the sites which resulted into financial loss and technical degradation.
The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.
“It is not the duty of the police officers to kill the accused merely because he/she is a dreaded criminal. Undoubtedly, the police must arrest the accused and put them up for trial”.
Sessions Court (Lucknow): In a bail application filed by Siddique Kappan for offences under Section 3 of Prevention of Money Laundering Act,
Bombay High Court: While deliberating upon the instant writ petitions for quashment of FIR registered in connection with the suicide of prominent