Indian Penal Code, 1860; Section 306 -Mere statement in suicide note that ‘ X will be responsible for his suicide’ would not be a ground at all to issue summons to X to face the trial for the offence under Section 306, IPC. (Para 24) Code Of Criminal Procedure, 1973; Section 204, 482- A petition …
Code Of Criminal Procedure, 1973; Section 482 – Appeal against HC order that quashed an FIR alleging withdrawal of salary by accused for the period was on unauthorized foreign trips and also withdrawal of salary by producing false medical certificate – Allowing appeal, SC observed: The allegations against the accused are of defrauding the State. …
State Of Haryana vs Dr. Ritu Singh 2024 INSC 263 – S 482 CrPC – Quashing – Compromise Read More »
Code Of Criminal Procedure, 1973; Section 378,386– Unless the finding of acquittal is found to be perverse or impossible, interference with the same would not be warranted – The High Court could have interfered in the criminal appeal only if it came to the conclusion that the findings of the trial Judge were either perverse …
Indian Evidence Act, 1872; Section 114A – The condition precedent for applicability of Section 114A of the Evidence Act is that the prosecution must be for the offence of rape under various clauses set out therein under sub-Section (2) of Section 376 of the IPC – When this condition is not met, the presumption under …
Bail– The purpose of directing an accused who has been released on bail to furnish surety is to ensure that the accused is present to answer further proceedings including at the trial. Determining the amount of surety at an unreasonably high amount effectively defeats the very purpose of the grant of bail and infringes the …
Bail – In cases where the accused is a part of the police force and the allegation is that of custodial death, having regard to the overall influence a member of a police force may wield in connection with a case against them pertaining to custodial death, a stricter view is to be taken on …
Ajay Kumar Yadav vs State Of UP SLP(Crl) 9816 Of 2023 – Bail Read More »
Code Of Criminal Procedure, 1973; Section 372,386 – Can High Court reverse acquittal of an accused from a particular charge while considering appeal filed by accused who was convicted under other charges ? In this case, appellant was convicted under Section 302 read with Section 34 of Indian Penal Code – High Court rejected the …
Bail – Appeal against HC order granting bail to murder accused allowed – Setting aside bail order, SC observed: the High Court merely noticing the arguments raised primarily by the counsel for the respondent no.2 has directed for his release on bail, which cannot be legally sustained
Code Of Criminal Procedure, 1973; Section 438 – Anticipatory Bail – Grant of bail based on parity is not a claim of right – While applying this principle of parity, the Court is required to focus on the role attached to the accused whose application is under consideration – Referred to Tarun Kumar v. Assistant …
Sabita Paul vs State Of West Bengal 2024 INSC 245 – Anticipatory Bail – Parity Read More »
Indian Penal Code, 1860; Section 415,420 –For attracting the provision of Section 420 of IPC, the FIR/complaint must show that the ingredients of Section 415 of IPC are made out and the person cheated must have been dishonestly induced to deliver the property to any person; or to make, alter or destroy valuable security or …
AM Mohan vs State 2024 INSC 233 – Ss 415,420 IPC – S 482 CrPC Read More »