September 2020

Rash and Negligent Driving—Reduction in Sentence—Petitioner facing agony of trial for last more than 5 years—Sentence reduced to period already undergone of 5 months and 21 days out of total sentence of 2 years

By | September 20th, 2020|Categories: Reduction in Sentence|

Extra Judicial Confession—Words uttered in extra judicial confession are to be recorded in verbatim Extra Judicial Confession—Cannot be made sole ground for conviction but may be used only as a corroborative piece of evidence

By | September 20th, 2020|Categories: Evidence - Criminal Cases|

Bail—Narcotics—Recovery of 80 grams heroin was recovered from the right pocket of pant worn by the petitioner, who was apprehended while travelling by car—Question of conscious possession involved–Bail granted

By | September 20th, 2020|Categories: Bail - Narcotics|

Anticipatory Bail—Successive bail applications are maintainable if there is change in fact situation Anticipatory Bail—Embezzlement of Amount—First bail application was dismissed due to non-deposit of amount involved—Now, amount has been deposited alongwith interest—Second anticipatory bail application allowed

By | September 20th, 2020|Categories: Anticipatory Bail|

Muslim Law—Marriageable Age—”Puberty and majority”in the Muslim Law are one and the same thing—A boy or girl, who has attained puberty, is at liberty to marry any one he or she likes and the guardian has no right to interfere

By | September 16th, 2020|Categories: Muslim Law|

Recovery of Crackers-Anticipatory Bail-Petitioner had applied for renewal of license for storing the crackers under Act of 1884- -Recovery has already been effected-Without commenting on merits; bail granted

By | September 16th, 2020|Categories: Bail Granted|

Bail–Murder~DNA profile—As per the FSL report necessary DNA profile could not be obtained from teeth extracted from the skeleton, necessary to compare it with DNA profile of the mother of deceased—Bail granted

By | September 16th, 2020|Categories: Bail Granted|

Dishonour of Cheque—Time barred Debt—There was no acknowledgment of the said debt by the accused within the period of three years i.e. the limitation period to recover the debt—Complaint quashed

By | September 16th, 2020|Categories: Cheque Bounce|

NDPS – COVID – Bail granted – HELD “There is no doubt that the rigors of Section 37 would have to be met before the sentence of a convict is suspended and bail granted and mere passage of time cannot be a reason for the same.”

By | September 13th, 2020|Categories: Bail - Narcotics|

Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. HELD merely because the petitioner is involved in four other cases, would not be a valid ground to deny him release on parole. It cannot be disputed that the purpose of release is to make sure that the prisoner as such meets with his family members and the general public. It is a reformative process, whereby a convict is reintroduced to normal life

By | September 11th, 2020|Categories: Parole|

Bail or Jail—Purpose of detention during trial is to secure presence and not punishment—Bail is the rule and jail an exception Bail—Forgery—Trial to take long time in view of number of witnesses to be examined and documents to be produced—Bail granted

By | September 10th, 2020|Categories: Bail Granted|

Rape–Reduction in Sentence—Appellant has already undergone 02 years, 08 months and 28 days, out of the total sentence of 03 years—Sentence of the appellant is reduced to the period already undergone

By | September 10th, 2020|Categories: Reduction in Sentence|