The court at the stage of bail has to only see the prima facie case. Even in the case of MCOCA, the court is not required to arrive at a positive finding that the applicant has not committed such an offence because in such a case it will be impossible for the prosecution to obtain a judgment of conviction of the applicant in case the bail is granted.
The wife’s intentional decision to leave the mater uncontested shows her desire that court should pass decree of divorce even at the cost of holding her guilty of matrimonial offence as she knows that no harm could be caused to her even if she is held to have treated the husband with cruelty because she has already obtained sufficient favourable orders from the Federal Circuit and Family Court in Australia.
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court observed that at the stage of bail, the mini trial is totally prohibited. However, the record amply indicates that Leena Paulse was involved in the organized crime syndicate. It is unbelievable that such huge amount of money were coming in her account and she was accepting the same only as a dutiful wife.
The Court rebuked that IO for believing whatever the alleged suspects were stating as the gospel truth.
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.
Supreme Court: In a highly controversial extortion case of about Rs. 200 crores in Delhi’s Tihar jail, the 3-judge Bench of Uday
Delhi High Court: Mukta Gupta, J., explained under what circumstances would Section 397 of penal Code, 1860 would be attracted. By the
As reported by ANI, Chinmayanand who is an Ex-BJP Minister was accused of raping a law student has been granted bail. The
Bombay High Court: In an interesting case, M.G. Giratkar, J., maintained conviction of a journalist for the offence of extorting money from the
Supreme Court: In the controversy arising due to the voice samples taken in the matter where the appellants had allegedly demanded a