Right to Speedy Trial Prevails Over Gravity of Offence; Bail Must Be Considered When Article 21 Infringed: Supreme Court
In the instant case, the petitioner was in jail for almost 4 years, but not a single witness was examined.
In the instant case, the petitioner was in jail for almost 4 years, but not a single witness was examined.
“The most invaluable gift that the people of India gave unto themselves through the Constitution was the vision of a casteless society founded upon the principle of substantive equality.”
The High Court interpreted Note (2) to Rule 1212 and Note (1) to Rule 1224, Delhi Prison Rules, 2018, holding that “ordinarily” denotes restriction, not prohibition.
“Neither the FIR nor the impugned order discloses availability of any tangible material to substantiate the allegation that the appellant had conspired in the preparation of the alleged forged Will, or that the registered sale deed dated 18 December 1998 was executed by him with knowledge that the signatures on the Will were forged.”
The Court observed that Criminal liability is not a heritable estate. The “legal fiction” created under Section 138 is restricted to the “drawer” of the instrument.
“Supreme Court set aside the impugned order granting anticipatory bail to the accused.”
“The jurisprudential basis for the State being the prosecuting agency in criminal offences is to prevent a criminal prosecution from descending into an exercise in vengeance, where the victim goes baying-for-the-blood of the offender; and to maintain objectivity, neutrality, fairness and a sense of proportion in prosecution of an offender.”
“In India, the concept of legal aid is closely tied to the vision expressed in the Preamble of the Constitution, which promises justice be it social, economic, and/or political, along with equality of status and opportunity, and affirms the secular character of the State.”
“If both the giver and the taker are penalised, no giver of dowry can be expected to come forward to make a complaint, being under the threat of being prosecuted himself.”
“In the present case, the absence of documentary proof establishing the seizure and custody of the alleged forensic article creates a reasonable doubt as to the authorship of the sexual act.”
“The land in question, though administered by a corporate body, is essentially trust property held for the benefit of the community, and any irregularity in its alienation is a matter of legitimate public concern.”
The Court held that a de novo trial cannot be ordered merely on technical grounds, particularly when the trial had substantially progressed and no real miscarriage of justice is shown.
“The SC/ST Act serves as a crucial legal framework to protect the rights and dignity of Scheduled Castes and Scheduled Tribes in India, ensuring stringent measures against offences of atrocities and promoting their welfare and security.”
Explore the latest Supreme Court Cases in 2026 SCC Vol. 2 Part 2 on international commercial arbitration, limited scope of interference under Section 37, and registration of FIR.
“Possibility of rashness and negligence by a driver cannot be negated on the mere account of low speed, especially when it is alleged that the respondent was driving a heavy vehicle, carrying material over the permissible weight limit, in a zig-zag manner prior to the accident.”
“The contention that the marriage could not take place due to non-matching of kundalis appears inconsistent with his own conduct and representations made over the years. If the issue of kundali matching was indeed of such determinative importance for the applicant and his family, the same should have been resolved at the threshold before entering into physical relations.”
“Criminal law is meant to protect genuine victims of crime, not to rewrite the history of a relationship that was voluntarily entered into, publicly acknowledged, and sustained over several years.”
“Article 32 of the Indian Constitution is deemed to be “heart and soul” of the Constitution as it empowers any citizen to directly approach the Supreme Court for the enforcement of fundamental rights.”
“The proper course is to proceed with the appeal on merits, ensuring representation, while securing presence only in accordance with law upon dismissal or as otherwise required.”
The Petitioners being Security Guards, had the bounden duty to ensure that no unauthorised person enters the office premises… act of restraining the Complainant for entering the Office for which she had no right, cannot be termed as an act of wrongful restraint.”