Criminal Law

In this case, it was to be determined that whether the appellant shared common object to murder the deceased victim. Evidence on record established that all accused persons had come to spot with deadly weapons with intention to kill deceased. All accused had fired on deceased with their firearms, as a result of which deceased […]

In this case of alleged misappropriation of monies of complainant and others, main allegations are against other co-accused, the only allegation against the appellant is that they have purchased the property. Even from averments s and allegations in the FIR, it cannot be said that there is a prima facie case made out against appellants.

Grant of bail under S. 439 though being a discretionary order, but, however, calls for exercise of such a discretion in a judicious manner and not as a matter of course and, thus, order for bail bereft of any cogent reason cannot be sustained. Therefore, prima facie conclusion must be supported by reasons and must

Power of quashing of criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of rare cases and it is not justified for Court in embarking upon enquiry as to reliability or genuineness or otherwise of allegations made in FIR or complaint. Inherent powers do not confer any arbitrary jurisdiction

As per S. 5(m), penetrative sexual assault being committed on victim girl aged four years (below twelve years), held, the same is also “aggravated penetrative sexual assault” punishable under S. 6. Concurrent findings recorded by both the courts below that the accused tried to commit rape on victim girl found to be fully supported by

Grant of bail without considering relevant aspects and recording reasons is not justified. Law summarised regarding principles for grant of bail and considerations to be balanced therefore. Held, though detailed evaluation of the facts on merits is not permissible, but the court granting bail cannot obviate its duty to apply a judicial mind and to

Directions issued for judicial inquiry into breach and lapses as the convoy of PM was stuck on a flyover for around 20 minutes. Records relating to PM’s visit seized and secured. Directions also issued for constitution of Enquiry Committee, terms of reference and stay of ongoing proceedings by Central and State Governments and submit a comprehensive

Suspension of sentence by Supreme Court on ground of plea of juvenility taken before Supreme Court for the first time. Consequent to directions of the Supreme Court, on the basis of evidence adduced and relying upon the transfer certificate and school records, held, appellant is directed to be released from jail on suspension of sentence

Post of Assistant Public Prosecutor was to be made by direct recruitment on basis of competitive examination followed by viva voce test. Held, impugned judgment confirming order of Tribunal holding respondent entitled for promotion from date his juniors were promoted (without selection process) unsustainable. [State of U.P. v. Shyam Lal Jaiswal, (2022) 1 SCC 59]

Charging accused and trying them together is warranted under sec 218 but held, there are exceptions to this rule in Ss 219 to 221 and thus if a person falls under these exceptions, then joint trial for the offences which a person is charged with may be conducted. Further held, while applying the principles enunciated