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Punjab and Haryana High Court applied the twin conditions under Section 45 PMLA and the triple test for bail, finding no reasonable grounds at this stage to believe that the developer was not guilty of money laundering.
In the case at hand, pursuant to the Court’s referral to the Mediation and Conciliation Centre, the parties arrived at an amicable settlement.
“It is well settled proposition of law that bail is the rule, and jail is an exception and pre-trial incarceration of the wife should not be a replica of post-conviction sentencing.”
“Section 269 of the Punjab Municipal Corporation Act, 1976 makes it abundantly clear that the appeal lies against orders to the Court of District Judge of the city where the premises are situated, within the period specified in the order for demolition of the erection and the petitioner instead of approaching the Court of District Judge has filed the present petition.”
The Professor of Surgery who was supervising the treatment of the victim deposed in his sworn deposition that it was not a case of negligence on the part the doctor who had operated her.
“A second/successive regular bail application cannot be rejected solely on the ground of maintainability thereof, but for such petition to succeed, the petitioner is required to show some substantial change in circumstances.”
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 accused had hoisted a saffron flag on a Mosque, replacing the National Flag already in place with an intent to hurt religious feelings of the members of Muslim community.
“The well settled proposition of law is that simple denial of the whereabouts of an offender by his family members does not amount to harbouring such family member.”
The Constitutional Court can exercise its constitutional powers in transferring investigation from State investigating agency to any other investigating agency, including CBI, only in rare and exceptional cases.
“Both scenarios create a paradox as the petitioner knowingly carrying it or the police falsely planting it are equally vulnerable to speculative reasoning and seem unlikely as an accused carrying contraband openly in a transparent bag defies caution, whereas the police planting evidence in a transparent bag defies strategic thinking.”
“Jagjit Singh is said to be free to go home after seeking discharge from the hospital. In such circumstances, it cannot be said that he is in illegal confinement of the State. However, the State is directed to ensure that there should be no hindrance if the family members, friends, relatives, or any other person wish to see him in the hospital.”