NDPS Suspension of Sentence (Bail): Further incarceration would be violative of the right of the applicant-appellant enshrined under Article 21 of the Constitution of India :

NDPS Suspension of Sentence (Bail): Further incarceration would be violative of the right of the applicant-appellant enshrined under Article 21 of the Constitution of India

An amount of Rs. 5 Lakhs not recovered cannot be made a ground for disentitling to grant of Anticipatory Bail in asmuch as the the petitioner cannot be forced to get such amount recovered as the same would virtually amount to forcing of admission of guilt: Anticipatory Bail for the offence under section 420, 406, 120-B IPC granted by Hon’ble High Court of Punjab and Haryana

An amount of Rs. 5 Lakhs not recovered cannot be made a ground for disentitling to grant of Anticipatory Bail in asmuch as the the petitioner cannot be forced to get such amount recovered as the smae would virtually amount to forcing of admission of guilt:Anticipatory Bail for the offence under section 420, 406, 120-B IPC granted

Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship: DELHI HIGH COURT

Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship

Filing false and frivolous cases against her husband amounted to cruelty. “Divorce u/s 13 of Hindu Marriage Act, 1955”

Filing false and frivolous cases against her husband amounted to cruelty

Quashing of – Complaints /charge sheets

TELANGANA AND ANDHRA PRADESH HIGH COURT Before:- A. Ramalingeswara Rao, J. Writ Petition Nos. 21422 of 2002; 4687, 8096, 8786 and 17623 of 2010. D/d. 26.9.2014. V. Janardhana Babu and…

Quashing of FIR on the basis of Compromise.

The bench of Justice Anoop Chitkara was dealing with the petition filed under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with…

Conviction set aside

The Punjab and Haryana High Court has allowed the criminal appeal preferred by a father who was convicted by a Sessions Court in Jalandhar for the murder of his teenage…

Section 143-A of the Negotiable Instruments Act, 1881 are directory rather than mandatory.

The Bombay High Court has said that courts don’t have a duty to grant interim compensation to the complainant in a cheque bounce case. If interim compensation is granted, the…

Quashing of rape case, 376 IPC

While quashing a rape case, the Supreme Court observed that there is a distinction between a false promise to marriage and a breach of promise which is made in good…

The service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the General Clauses Act, which provides a presumption in favour of the complainant that the notice had been delivered.

The Punjab and Haryana High Court recently held that the service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the…

Narcotic Drugs and Psychotropic Substances Act, 1985 ; Section 37 – At the stage of examining an application for bail in the context of the Section 37 of the Act, the Court is not required to record a finding that the accused person is not guilty. The Court is also not expected to weigh the evidence for arriving at a finding as to whether the accused has committed an offence under the NDPS Act or not. The entire exercise that the Court is expected to undertake at this stage is for the limited purpose of releasing him on bail. Thus, the focus is on the availability of reasonable grounds for believing that the accused is not guilty of the offences that he has been charged with and he is unlikely to commit an offence under the Act while on bail. (Para 15)

The Supreme Court observed that the expression “reasonable grounds” used in Section 37(1)(b) under NDPS Act would mean credible, plausible grounds for the Court to believe that the accused person…

Evidence of Discovery, Section 27 Conditions

Advocate, Punjab & Haryana High Court, Chandigarh

Who is Proclaimed Offender? Procedure, its effects & consequences, discussed. How to get the PO order quashed? Absconder in Section 82 CrPC- Judgments, Settled Law by Supreme Court of India and Various High Courts

Who is Proclaimed Offender? Procedure, its effects & consequences, discussed. How to get the PO order quashed? Absconder in Section 82 CrPC- Judgments, Settled Law by Supreme Court of India…

Mischief: Section 425 IPC, Bail, Quashing

Section 425 IPC : Mischief Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.

Latest Law on Quashing of FIR 2020

What is Quashing of FIR? Quashing means to abate, overthrow, or to dismiss it or to make it completely void. Generally, quashing of an FIR (first information report) in criminal proceedings means completely stopping the process of the legal proceedings that are in process. Section 482 Cr.P.C enables the High Courts to pass such order of Quashing of FIR to secure the ends of Justice

Anticipatory Bail Not Maintainable After Cancellation Of Regular Bail : Held By Supreme Court Of India

Anticipatory Bail Not Maintainable The Question of Law regarding the maintainability of Anticipatory Bail after the cancellation of regular Bail has been decided by the Supreme Court of India.

Guidelines on Maintenance u/s 125 CrPC laid down by Supreme Court and ensures uniformity

Guidelines on Maintenance laid down by Supreme Court. The right to claim maintenance under all enactments, including those under Section 125 of the CrPC, must date back to filing of…

Is Foreign Divorce valid in India ?

Is Foreign Divorce valid in India ? or Whether the divorce granted in abroad is valid in India? This question is becoming common in our society. Often it is seen, the people having different temperament could not settle as happily married couple and therefore they tend to part from each other and opt for the decree of Divorce. Now, the difficulty arises when one of the parties has their domicile in one county and one of them obtains matrimonial relief in other country

Death in police custody – No quashing of FIR against former Director General of Police of Punjab Police and transfer of his case to CBI.

PUNJAB AND HARYANA HIGH COURT Before :- Fateh Deep Singh, J. CWP No.12186 of 2020 (O&M). D/d. 08.09.2020. Sumedh Singh Saini – Petitioner Versus State of Punjab and others –…

Further Investigation – Where the constitutional court is satisfied that the investigation is not conducted in a proper manner a fresh investigation with the help of an independent agency can be considered to secure the ends of justice – Power may also be exercised if investigation has been done to help someone escape the clutches of the law.

SUPREME COURT OF INDIA Before :- R.F. Nariman, Navin Sinha and Indira Banerjee, JJ. Writ Petition (Crl.) No.141 of 2020. D/d. 16.9.2020. Neetu Kumar Nagaich – Petitioners Versus The State…

302 IPC converted to 304 part II IPC. Husband killed his wife finding her in compromising position with stranger, sentenced to 5 year R.I.

302 IPC converted to 304 part II IPC.

Conviction – Recovery of 20 kgs ‘charas’ – Narcotic powder/charas seized from possession of accused never produced before trial Court as material exhibit – Seizure panchnama not drawn at the spot where contraband recovered from car but drawn at Shamlaji Circuit House 12 km. Away – Private Car not a public conveyance, hence, search of private Car requires search-warrant even if search carried out on highway – Conviction reversed

Conviction - Recovery of 20 kgs 'charas' - Narcotic powder/charas seized from possession of accused never produced before trial Court as material exhibit - Seizure panchnama not drawn at the spot where contraband recovered from car but drawn at Shamlaji Circuit House 12 km. Away - Private Car not a public conveyance, hence, search of private Car requires search-warrant even if search carried out on highway - Conviction reversed 

Preventive detention – Activities of detenu were harmful to maintenance of public order – Non-application of mind in passing detention order – Order set aside.

BOMBAY HIGH COURT (DB) Before:- S.S. Shinde and N.B. Suryawanshi, JJ. Criminal Writ Petition No. 5396 Of 2019. D/d. 19.12.2019. Ramalu Kankayya Bhandari – Petitioner Versus The Commissioner of Police,…

Law of Bail

Law of Bail: Anticipatory Bail, Regular Bail, Bailable offence, Non Bailable Offence, Cognizable & non cognizable office, Discretion, Default bail, Section 167(2) Crpc, Computation of period, case laws, gravity of offence, Cancellation of bail, Bail under NDPS, Bail to juveniles