Can 4.5 years in custody earn bail under Section 43D(5) UAPA? Rajasthan High Court on Udaipur Kanhaiya Lal murder case
A bail court does not weigh evidence or defences such as language of disclosure statements, held the Division Bench.
criminal conspiracy
Mere Call Records Cannot Establish Criminal Conspiracy: Supreme Court Upholds Husband’s Conviction for Wife’s Murder; Acquits Co-Accused
Supreme Court held that while frequent phone calls alone cannot establish criminal conspiracy, a complete and unbroken chain of circumstantial evidence, including recoveries admissible under Section 27, Evidence Act, and the accused’s conduct was sufficient to uphold the husband’s conviction for the premeditated murder of his wife.
Prosecution case collapses on its own evidence; Gujarat HC quashes FIR against advocate implicated in assault case
“Having found that present applicant was not present at the scene of offence and was also not visible at the District Court, Surat as alleged by the complainant from the CCTV footage, the said aspect would itself demolish the very basis of the FIR against the present applicant.”
Ankita Bhandari case: ‘To Malign a Person’s Image to Implicate Them in a Concluded Murder Case Is a Serious Issue’: Uttaranchal HC Quashes Two FIRs Against Former MLA; Orders Probe
Four FIRs were filed against former MLA Suresh Rathore arising from social media posts projecting complainants as involved in the Ankita Bhandari murder, a case that had already concluded with three convictions and life sentences. Two were lodged by persons who were neither the victim nor the affected party, covering the same allegations as the victim’s own FIR.
Delhi Excise Policy Case | Delhi High Court issues notice to Arvind Kejriwal, Manish Sisodia and 21 others on CBI’s plea challenging discharge
“The observations limited only qua the Investigating Officer are stayed, till the next date of hearing, including the direction recommending departmental action against him.”
Inside Delhi Excise Policy Case Ruling: Rouse Avenue Court discharges Arvind Kejriwal, Manish Sisodia and 21 others; finds no prima facie case
“The Court is not to act merely as a post office or a mouthpiece of the prosecution. The Court must apply its judicial mind to the record to assess whether the material, taken at face value, discloses the essential ingredients of the alleged offence and raises grave suspicion, as distinct from a mere suspicion.”
Kerala High Court denies Bail to Ex-Devaswom Board Officials in Sabarimala Gold Misappropriation Case
The incidents that led to the case has deeply hurt the religious sentiments of scores of Ayyappa devotees and pilgrims.
Mere recovery of tainted money insufficient for conviction under PC Act: Bombay HC acquits officials of all charges
“Offences under the PC Act require strict proof of twin elements of demand and acceptance and mere recovery of tainted currency or existence of electronic recordings, without reliable proof of demand, is insufficient to convict unless accompanied by credible proof of demand.”
Compromise cannot wipe out criminal liability in cheating affecting public trust: Punjab and Haryana High Court denies anticipatory bail
“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.”
Mandating local surety from non-resident, not just logistical inconvenience but assault on fundamental rights: Punjab and Haryana High Court
In the present case, the petitioners from Kolkata had furnished local sureties in Gurugram, however the documents of the sureties turned out to be fake.
Detailed overview of Delhi HC verdict denying bail to Sharjeel Imam, Umar Khalid and other co-accused in 2020 Anti-CAA Delhi Riots case
“The Courts have to remain alive to both the ends of spectrum, on one hand, safeguarding the liberty of an accused, while on the other, ensuring the right of the prosecution to establish its case. The assessment of grant or refusal of bail, therefore, is also guided by a judicious balance between these two considerations, so that the enforcement of criminal law is neither diluted nor diminished.”
Understanding Section 19 of Prevention of Corruption Act: Kerala HC explains ‘competent authority’ for grant of previous sanction
“Merely because the power of appointment and removal was delegated to the Administrator, he could not be held as the competent authority to remove the accused, who was appointed prior to the delegation by the President”
Supreme Court upholds jail official’s conviction for facilitating undertrial prisoner’s escape attempt
“When public functionaries betray the institutional trust, the consequences are profound and far-reaching and in a constitutional democracy governed by the rule of law, custodial officers must be held to the highest standards of integrity.”
Cases Reported in HCC | Latest High Court Cases on Criminal Laws
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.
Read why Telangana HC stayed Karnataka MLA G. Janardhan Reddy’s conviction and granted bail in illegal mining case
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.
Crucial for Courts to be conscious of accused’s right to speedy trial, rather than waking up too late and lament that such right is defeated: Delhi HC
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.
‘Misuse of power by Vigilance Bureau’; Punjab and Haryana HC quashes corruption case against Former Food Minister of Punjab, Bharat Bhushan Sharma
“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”.
2024 SCC Vol. 10 Part 3
Criminal Procedure Code, 1973 — Ss. 235(1) and (2) — Reopening of judgment of conviction: As per S. 235, a judgment of conviction, held
Purpose of Zero FIR under BNSS is to ensure victims can file complaints regardless of jurisdiction: Kerala HC directs Magistrate to reconsider DBS Bank application to register FIR
“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.”
Suspicion alone insufficient for conviction; Orissa High Court acquits two and convicts one in murder case
“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.”