Criminal Law

Grant of bail, by High Court to accused-respondents in this case, charge-sheeted after investigation for offences under Ss. 302, 307, 201 and 120-B IPC, by non-speaking order, and without taking into consideration any of material forming part of charge-sheet even to find out whether there is any material collected during the   investigation   involving the   accused   […]

In cases/offences punishable with imprisonment for term which may be less than seven years or which may extend to seven years, whether with or without fine, and cases under S. 498-A IPC or S. 4 of the Dowry Prohibition Act, directions issued for strict compliance with directions issued in Arnesh Kumar, (2014) 8 SCC 273

Ingredients, scope and powers bestowed on court under S. 319, explained. It is, thus, manifested from a conjoint reading of the cited decisions that power of summoning under Section 319 Cr.P.C. is not to be exercised routinely and the existence of more than a prima facie case is sine quo non to summon an additional

Law with regard to evidentiary value of extra-judicial confession as succinctly laid down in Munna Kumar Upadhyay, (2012) 6 SCC 174, commended to be followed as locus classicus. Held, The observations of this Court in the case of Sukhwant Singh v. State of Punjab3: ………It hardly needs to be emphasised that in cases where injuries are

Condition imposed for release of seized funds subject to bank guarantee equivalent to amount is invalid when accused not connected with the Company entitled to such funds and also discharged of alleged offence. Freezing of assets and imposition of bank guarantee against appellant is not permissible where investigation against the appellant Company, itself is rendered

Principles clarified re “known sources of income” under S. 13(1)(e) PC Act, 1988, and stage at which onus to account satisfactorily for the money to be discharged by accused. Held, Section 13(1)(e) of the Act 1988 makes a departure from the principle of criminal jurisprudence that the burden will always lie on the prosecution to

Factors and parameters that need to be kept in mind by court, summarized. While the right to liberty and presumption of innocence are vital, the court must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation. it is essential to ensure that all the

Proportionality/Balancing of Aggravating and Mitigating Circumstances: Principle of proportionality should guide sentencing process. All the accused were found concurrently guilty under Section 148 IPC; they were armed with different kinds of implements and weapons, that were capable of inflicting deadly injuries. The postmortem report of Subhash revealed at least six serious head injuries, including fracture

At the stage of hearing on the charges, entire evidence produced by the prosecution is to be believed and if no offence is made out, then only an accused can be discharged. Truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial. At the stage of charge, the

Imposition of less than minimum prescribed thereunder (of 10 yrs’ RI at the relevant time) is impermissible, even when the accused had moved ahead in life. it was noted by the High Court that the age of the child, rather victim is 10 years and on the contrary, Section 5 (m) of the Act itself