July 2019

Rape–Bail-Consensual Relationship-It is not the case where sexual relationship was established on one occasion—Rather, the sexual relationship established on three different occasions-Since the petitioner has solemnized marriage with some other girl, it is, thereafter, the FIR in question has been registered-Culpability of petitioner to be established during trial-Keeping in view that petitioner is in custody for last 4 months and parties knew each other from last 4 years, bail granted

By | July 31st, 2019|Categories: Bail|

Dowry Death–Bail–Submission that demand of car after about five and half years of marriage is unrealistic- – Allegation against petitioner(mother-in-law) that on account of beating by petitioner deceased committed suicide as there was demand of car- Petitioner is in custody from about last 8 months—Bail granted.

By | July 31st, 2019|Categories: Bail|

Dowry Death–Bail–No such specific allegation as what dowry items were demanded except in the later part of the FIR that the petitioner has demanded a car-Petitioner (mother-in-law) a lady of about 55 years is in custody from about 11 months-Application u/s 319 CrPC is also pending which would also take time to be decided-Bail granted

By | July 31st, 2019|Categories: Bail|

Bail–Submission that as per FIR demand was for motorcycle whereas motorcycle was already given at the time of marriage so there is no question of demanding the same again- -Held; strict culpability is required to be established-Out of 26 witnesses none has been examined so far-Trial to take time-Bail granted

By | July 31st, 2019|Categories: Bail|

Maintenance–Earning Wife-Wife is working as a teacher in a reputed private school-Rightly held to be not entitled to maintenance u/s 125 CrPC and S.24 HMA—Hindu Marriage Act, 1955, S.24. – Minor Son-Father is well established businessman-Award of Rs.8,000/- p.m is certainly not on higher side more particularly when the prices are rising everyday

By | July 31st, 2019|Categories: Maintenance|

Maintenance—Unmarried Daughter—If a major unmarried daughter is unable to maintain herself because of her illiteracy, unemployment or being a student, she is entitled for maintenance from her father

By | July 29th, 2019|Categories: Maintenance|

Maintenance–Income of Husband- Husband is a well qualified person who did his graduation from IIT Kanpur and M.Tech in Italy-He is paying EMI of about Rs.26000 and rent of Rs. 10,000- -His monthly income assessed as not less that Rs.50,000/- p.m.-Wife held entitled to maintenance of Rs. 10,000/- p.m.

By | July 29th, 2019|Categories: Maintenance|

Prosecutrix after incident did not report the matter to her parents or to the police or even to manager of the guest house or even family friend; Prosecutrix improved her version regarding three dates on which rape was committed; Appellant through his facebook chats proved that prosecutrix was aware of his marital status and children; Prosecutrix denied for her medico legal examination on two occasions-Said act and conduct cast doubt on her behavior.

By | July 29th, 2019|Categories: Acquittal|

Murder—CCTV footage—Merely because the appellants have been seen going in and out of the premises where the body of deceased was found, does not ipso facto point to their involvement in the crime

By | July 29th, 2019|Categories: Murder|

Bail- NDPS—Commercial Quantity—Conscious Possession-Petitioner was pillion rider on motorcycle-Debatable question to whether the petitioner is having conscious possession of the alleged contraband which was found in possession of co-accused–Out of 10 witnesses only 3 have been examined so far-Trial to take time-Without commenting on merits, bail granted

By | July 29th, 2019|Categories: Uncategorized|

Anticipatory Bail-Grant of— Once an apprehension of arrest exits than the person has a valid reason to approach the competent Court for grant of pre-arrest bail but in case a person is already in custody, the provisions of Section 438 Cr.P.C. has no application.

By | July 29th, 2019|Categories: Anticipatory Bail|

Bail–NDPS–Heavy Recovery-Recovery of 1.5 kgs of heroin-Petitioner was involved on basis of disclosure statement of main accused—Petitioner was not travelling in the bus from where the alleged contraband was recovered-Recovery was made from possession of main accused-Petitioner is in custody from about last 14 months- -Trial to take time-Bail granted

By | July 29th, 2019|Categories: Bail - Narcotics|

-Bail—NDPS– Conscious Possession—Recovery of 30 vials of onerex containing 100 ml each and 30 strips of carisoma, 10 tablets each were effected from a polythene bag which was hanging on motorcycle driven by petitioner—Submission that it is debatable whether the petitioner is having conscious possession of the alleged contraband—Keeping in view that petitioner is in custody from about last 8 months, without commenting on merits, bail granted

By | July 29th, 2019|Categories: Bail - Narcotics|

Attempt to Murder–Gunshot–Bail– Complainant has turned hostile and the only allegation survives against the petitioner is of firing in the air-Petitioner is in custody for the last more than three years and out of 20 witnesses only three have been examined-Held; considering the custody period and the pace at which the trial is progressing, further detention of the petitioner is not justified-Bail granted

By | July 29th, 2019|Categories: Bail|

Murder—Bail—Petitioner is a lady, who has recently delivered a child and cannot be deprived of attending her newly born baby particularly when the further custody of the petitioner is not required for any investigation etc–Bail granted

By | July 29th, 2019|Categories: Bail|

Attempt to Murder–Bail~Firearm–Gunshot« Injured victim has retracted from his earlier version-Earlier it was said gunshot was fired accidentally subsequently it was stated it was intentional- -Keeping in view variance in statements, bail granted-

By | July 29th, 2019|Categories: Bail|

Condonation of Delay-Delay of 534 days in filing criminal appeal—Submission that due to financial constraints appellant was unable to file an appeal and Appeal could be filed only after approaching High Court Legal Service Authority—Delay condoned

By | July 28th, 2019|Categories: Condonation of Delay|

Ilicit liquor-Anticipatory Bail-Interim bail was granted on contention that the recovery of alleged liquor was made from a vacant plot, accessible to all and there is nothing to attach the petitioner with the said recovery-Petitioner has joined the investigation and he is not required for custodial interrogation-Interim bail made absolute

By | July 28th, 2019|Categories: Bail|

Attempt to Murder–Gunshot–Bail–A gunshot was fired by petitioner-No injury was caused to the complainant or anyone else-Submission that no offence is made out u/s 307 IPC as the gun was not aimed at anyone and that parties have compromised the matter-Without commenting on merits, bail granted

By | July 28th, 2019|Categories: Bail|

Additional Evidence-Filling up of lacuna-Defendants were aware of the documents (sale deeds) and failed to place them on record—Such a lacuna cannot be permitted to be filled up even if the documents sought to be placed on record by way of additional evidence are per se admissible being public documents.         

By | July 28th, 2019|Categories: Additional Evidence|