February 2019
Permalink GalleryAccident—Injury—Post surgery expenses— Appellant was operated upon four times, was hospitalized twice and remained in two different hospitals for 18 days—Additional amount of Rs.50,000/- awarded to cover up the amount spent on special diet, attendant, transportation and to compensate for pain and suffering
Permalink GalleryPanchayati Raj—Recovery from Sarpanch—Order ofBDPO for recovery of loss or misapplication ofpanchayat funds—Until and unless the concerned person has availed his right of appeal, against said order, no criminal liability can be fastened on an Ex Sarpanch. Panchayati Raj—Misapplication of Panchayat Funds—Recovery from Sarpanch—Sarpanch is entitled to protection against civil and criminal liability in respect of an act done in good faith under the Act
Permalink GalleryBail—NDPS— Recovery of 900 capsules of Tramadol Hydrochloride—Petitioner was not arrested from spot but was arrested on statement of co-accused from whom recovery was made—Petitioner is in custody for last 6 months and challan has already been presented—Without commenting on merits, bail granted
Permalink GalleryReference by Magistrate to CJM—Magistrate having passed a full fledged judgment acquitting one of the co-accused while holding the petitioners guilty, the same can be said to be merely an opinion of guilt qua the petitioners even though the same has been drafted in the form and style of a judgment Reference by Magistrate to CJM—No appeal would be maintainable against opinion or finding of the referral Magistrate regarding guilt of the accused and it is only after the CJM, in exercise of powers under 325 Cr.P.C., sentences him that an appeal would be maintainable.
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Abetment to Suicide—Quashing of Charge—Prosecution failed to produce prima facie evidence against present petitioner that they abetted the deceased in a manner to instigate him in committing suicide—Charges quashed Quashing of Charge—Court is concerned primarily with the allegation taken as a whole whether they will constitute an offence or it is an abuse of the process of court leading to injustice
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Protection of Children from Sexual Offences Act, 2012, S.3 and S.4—Rape— Minor girl—Bail-Allegation that accused enticed and abducted the minor girl for purpose of marriage—No role has been attributed to present petitioner(mother of boy) in commission of offence—Petitioner is behind bars for about 5 months—Trial to take time—Bail granted
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Rape—Bail—Consenting party—Prosecutrix who admittedly is a married grown up lady had been carrying on this relationship for a long period of time and kept silent for quite some time is itself suggestive of consensual relationship and submitting to the desires of the accused culpability of offence to be decided during trial which would take time to conclude—Bail granted
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Bail—Cancellation of—Bail once granted, the same can be cancelled on account of its misuse or if the order granting bail suffers from serious infirmities or perversity Bail—Cancellation of—Bail once granted cannot be cancelled only on the ground that a number of FIRs were registered against the accused and he managed the statement of complainant.
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Complainant (mother of victim) contended that her daughter has been enticed away and marriage had been solemnized with a minor girl—While giving protection to run away couple, High Court had clarified that there is no prohibition in initiating the complaint under Child Marriage Act—However, marriage has not been challenged either by complainant or her daughter and couple has been residing happily together—Continuation of criminal proceedings will jeopardize their married life—FIR quashed
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Bail— Manufactured Drug—NDPS-Recovery of about 616 strips of tablets containing salt Alprazolam and huge recovery of tablets containing Tramadol Hydrachloride—Strips containing Alprazolam were recovered from car driven by petitioner and not from his personal possession—Tramadol Hydrachloride does not fall under NDPS Act—Aplrazolam is Schedule ‘H’ drug—Bail granted
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Indian Penal Code, 1860, S.302 and S.323—Murder—Bail—Multiple Injuries— No specific injury has been attributed to petitioner—Material witnesses have also not attributed any specific injury to petitioners—Out of 31 only 18 witnesses have been examined so far—Seven co-accused persons are already on bail—Petitioner also granted bail
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Narcotic Drugs and Psychotropic Substances Act, 1985, S.15 and S.21—Bail— Huge Recovery—NDPS—Recovery of 143 kgs of poppy husk from truck— Petitioner is in custody for more than 1 year and 4 months—Out of 16 prosecution witnesses only 4 have been examined so far—All the witnesses are official witness—No other case under NDPS Act pending—Bail granted
