Criminal Law

The High Court has not assigned reasons for the grant of bail to the respondents ­accused and has granted bail by a cryptic order de hors any reasoning. However, the Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused; severity […]

Forum shopping: Two simultaneous proceedings, arising from same cause of action were initiated by the Respondent amounting to abuse of process of law which is barred. Held, Forum shopping has been termed as disreputable practice by courts and has no sanction in law. Multiple complaints by same party against same accused in respect of same

It could thus be seen that this Court in its celebrated judgment in the case of Vadivelu Thevarhas found that witnesses are of three types, viz., (a) wholly reliable; (b) wholly unreliable; and (c) neither wholly reliable nor wholly unreliable. When the witness is “wholly reliable”, the Court should not have any difficulty inasmuch as

During the course of the investigation, it has been revealed that husband took the accidental insurance policy jointly with his wife on 29.09.2020 of Rs. 60 lakhs. The date of the offence is 26.12.2020 at 7:00 a.m. During the course of the investigation and from the call details, it has been revealed that husband was

Application under S. 156(3) CrPC without affidavit duly sworn by complainant cannot be entertained by Magistrate. When complaint was not supported by affidavit, magistrate oght not to have entertained application under S. 156(3) CrPC. High Court also failed to take into consideration legal position enunciated by SC in Priyanka Srivastava (2015) 6 SCC 287, and

Requirement of giving reasons for the decision is of the essence and is virtually a part of “due process”. Clarified, however, that while the court is not required to give elaborate reasons while granting bail, an order dehors any reasoning whatsoever cannot result in grant of bail. Where the accused summoned under sec 319 of

In this case, anticipatory bail re FIR under S. 306 IPC was rejected by the High Court. However, herein, while issuing notice, Supreme Court granted interim relief of stay of arrest to appellant. He had enjoyed said relief for last more than 3½ yrs. Consequently, held, without making any reflection on merits of matter, order passed by High

(A) Charge-sheet submitted by investigating agency which did not have, or, had lost the jurisdiction to conduct the investigation. (B) Even if the investigating agency in question, had jurisdiction or retained its jurisdiction, charge-sheet submitted before court which had no jurisdiction in respect of the offence(s) concerned. Thus, default bail claimed on ground that as

Held, having regard to the fact there are no criminal antecedents against the appellants, the court is inclined to give them the benefit of releasing them on probation of good conduct. In that view of the matter, while maintaining the conviction and sentence imposed on the appellants, It is further directed that if the appellants

Even after process has been issued against some accused on one date, held, process can still be issued by the Magistrate against some other person against whom there is some material on record, but whose name is not included as accused in the charge-sheet. Lastly, Magistrate or court need not wait till stage of S. 319 CrPC to