Bringing you the Best Analytical Legal News
“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.”
“Considering that the accused is a young man, who is at fag end of his teen age, this Court is inclined to allow the present bail application and enlarge the accused on bail.”
“The purpose of custody parole is to allow a prisoner to attend to pressing humanitarian or personal obligations such as funerals, last rites, or significant family functions, under strict supervision of the authorities. It is a temporary measure, humane in character, that ensures a balance between the interests of justice and human dignity.”
“There were serious allegations of digital frauds where complex technological mechanisms were employed to defraud gullible victims.”
The accused had challenged the maintainability of five different charge-sheets which were the offshoots of a single Charge-sheet and were registered as five different cases before the Sessions Court.
“Unlike iPads or laptops, which are considered professional tools integrated with the office setup and case files, mobile phones are not regarded as acceptable devices for use during arguments in the Court proceedings.”
“Multiple fora, including the Delhi Police, Gurugram Police, and the Delhi High Court, have found him lacking locus and credibility. His petitions have been dismissed with costs, and the Bar Council of India has directed removal of his name from the Roll of Advocates.”
“The FIR in question was registered in 2007, but the cancellation report was prepared in 2007/2009 but the same has not been presented till the intervention of this 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.
In the present case, a 21-year-old accused is offered admission in International University of Applied Sciences Berlin (Germany) and wants to pursue his study abroad. However, he was denied permission to travel abroad on mere apprehension of fleeting the legal process.
“Instead of cancelling the bail on account of his non-appearance, the Court ought to have exempted his personal appearance with a direction to appear on the next date when the case was adjourned for arguments on the application under Section 239 CrPC and the punitive order of cancellation of bail could, thus, have been avoided.”
‘Information regarding the foreign assets has been placed on record in the form of documents before the Magistrate by the IT Department which has been sought by another government Department for the purpose of investigation. It is not a case that the information has been demanded for public dissemination.’
‘He is directed not to promote any kind of mob mentality and to avoid participating in congregations where there is any kind of tendency amongst disciples or participants to cause breach in peace, law and order.’
“The investigation conducted so far indicates that the accused might not be a citizen of India, and as such might not be able to procure sureties, or amount to furnish personal bonds, or amount in lieu of surety(s). By foreseeing such a likely possibility, in the event of non-furnishing of the bonds, the accused cannot be kept in jail for an indefinite period”.
In the present case, the accused belonged to the Deprived Scheduled Caste category and was charged with voluntarily causing simple as well as grievous injuries to the person also belonging to Scheduled Caste category by criminally trespassing into his premises.
The way trial proceedings are being carried out appears to be in derogation of the principles of fair trial.
“There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the convict can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify the authenticity, such an officer can also verify it and may download and use the downloaded copy for attesting bonds.”
“Imposing fetter on maintainability of revision petition will be to restrict a right which is conferred by legislature. However, accused shall show tangible cause for not being present before Appellate Court concerned to receive his judgment and resultantly not being in custody at the time of filing/hearing of his revision petition.”
The Court further directed the District and Sessions Judge to convene a meeting of all judicial officers of the district regarding adoption of casual approach in criminal trials.
