Bringing you the Best Analytical Legal News
The July Criminal Law Roundup highlights important decisions of the Supreme Court and High Courts on prisoners’ rights, bail, juvenile justice, POCSO, custodial deaths, investigation, sentencing, quashment proceedings, and notable legislative developments in criminal law.
The Court modified the impugned condition and directed that an advocate would be permitted to remain at a place from where he could see the respondent but would not be permitted to intervene in the investigation “at any cost”.
The May Roundup of Criminal Law contains important rulings and judgments from the Supreme Court and High Courts on bail, criminal trials, corruption, quashment of FIRs, dowry death investigations, POCSO, and procedural safeguards.
A quick roundup to cover all the important legal developments and cases this week.
“The procedural delay of 16 years in the case has given an opportunity to the police and the State to cover their tracks in a manner that the truth remains obscured. The attempts by this Court to now lay its hands on the videography evidence get obfuscated on account of this delay.”
The court held that the case was a clear instance of abuse of authority and fell within the category of the rarest of the rare cases.
The Court further emphasised the well-settled legal principles that bail is the rule, and jail is the exception, and that an accused must be presumed innocent until proven guilty.
“In respect of offences that occur against a person in police custody or custodial death, the stand to be taken by this Court should be different. Being the protectors of the constitutional rights of a citizen, who by virtue of the order passed in a judicial process, is in the custody, then if his constitutional rights are violated by an officer or any other citizen in jail, then at this prima facie stage, we say that the Court’s interference is required.”
The NHRC stated that if the media report was true then it would raise serious issues of human rights violations.
The victim’s family alleged that was in police custody for nine days but after being released on bail, he had died of renal failure.
The leitmotif that “justice should not only be done but should manifestly and undoubtedly be seen to be done”, must not be limited only to court proceedings, but must also apply proprio-vigore to investigation of crime. Investigation must also be seen to be fair and just.
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 Court opined that given the serious nature of allegations, petitioner(s) did not deserve the privilege of pre-arrest bail.
The Delhi High Court stated that the period of sentence served by a convict is only one of the several factors that are to be taken into consideration while adjudicating an application seeking suspension of sentence.
Sheikh Sahadat, a 32-year-old person was found dead in police custody with black and blue marks of beatings all over his back and chest and with swelling on his hands and legs.
Meghalaya High Court: The Division Bench of Sanjib Banerjee, CJ. and H.S. Thangkhiew, J. continued hearing a PIL pursuant to the order
Bombay High Court: Stating that, in the moment of anger spouses almost forgot about the two children who were hardly three years
Uttaranchal High Court: Ravindra Maithani, J., decided on a petition which was filed seeking transfer of investigation in the case arising out
“When the protector of people and society himself instead of protecting the people adopts brutality and inhumanly beat the person who comes to the police station, it is a matter of great public concern.”
Madras High Court: G.R. Swaminathan, J., observed that, What the government does must inspire the confidence of the people. Every time a