Criminal Law

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

There was a delay of one year apart from 90 day’s delay in filing SLP where more than Rs 5 crores involved, authorities, held, must recover it from the officer(s) concerned. Before proceeding with the application, the steps taken by the appellant against the concerned officers and if not done, then an inquiry must be

Directions issued by Supreme Court to take appellant out of jail he is presently lodged in to be transferred to prison of State where marriage ceremony and post-marriage ceremonies of his daughter has to take place and further directed, that on all such days of appellant attending ceremonies, he shall be accompanied by police personnel

Held, not mandatory as per S. 170 and thus anticipatory bail cannot be denied solely on the ground that as police were ready to file charge sheet, it was mandatory to arrest appellant-accused. Therefore, if the IO does not believe that the accused will abscond or disobey summons he/she need not be produced in custody.

In this case, accused was charged under special Act (MCOCA) and IPC. Upon failure to obtain bail as per law, accused challenged the Vires of the sections of the special Act under which he was charged and sought quashment of the proceedings before High Court under Art. 226 of the Constitution. By impugned order by

Set of guidelines laid down by the Supreme Court of India to surmount the discrepancies in criminal trials and set uniformity in the approaches of all session courts.The judgement came on a suo motu case of 2017 related to the “deficiencies and inadequacies” in criminal trials in the country in which it proposed to amend