Case BriefsHigh Courts

Punjab and Haryana High Court: Three petitions were clubbed together dealing with regular bail in an FIR registered under Section 395 IPC, registered at Police Station Sadar Ludhiana.

The facts leading to this case were that complainant along with five others was having dinner, when the complainant was threatened by petitioner to hand over the amount which they had in their possession. Since then the petitioner were in custody. It was submitted that complainant before giving complaint to the police had allegedly gone out. It was brought before the Court that investigation was complete, challan was presented and charges were framed but the conclusion of the trial would take time.

High Court viewed that State counsel could not dispute the factual position without commenting on the merit of the case. Therefore, these petitions were allowed and they were directed to be released on regular bail. [Saroop Ali v. State of Punjab, 2019 SCC OnLine P&H 290, decided on 25-03-2019]

Case BriefsHigh Courts

Calcutta High Court: A Single Judge Bench comprising of Rajasekhar Mantha, J. dismissed an appeal filed against the judgment and order of the Additional District Judge whereby the appellant along with seven others was convicted under Section 395 IPC.

In January 2005, the accused persons committed a dacoity in Samali Primary Block Health Center and took away Rs 6,74,784 by placing a bhojali (large knife) on the throat of one of the official. The accused persons were apprehended and convicted as mentioned above. While challenging the judgment of conviction, it was argued by the appellant that he was not identified by the seizure witness in Court. Also, that he was not identified in TI parade.

The High Court, while rejecting the submission of the appellant, held that in case of the appellant, the TI parade would have been useless. The appellant was absconding in January (when incident occurred) and was apprehended only in September. He was, however, named in the first charge sheet. The Court held that it was useless to conduct any TI parade of the appellant after a period of 9 months of the incident. For such and other reasons, the appeal was dismissed. While concluding, the Court also found that the money involved in the case that was recovered had not been deposited in the treasury which was indeed shocking. As such, the Court recommended departmental enquiry for major penalty and also criminal proceedings against the Investigating Officers concerned. [Madha Rai v. State of W.B.,2018 SCC OnLine Cal 5882, dated 31-08-2018]