Disposal of Case Not Our Agenda, Have To Ensure That Parties Get Justice: Madhya Pradesh High Court
2 years, 11 months ago

Disposal of Case Not Our Agenda, Have To Ensure That Parties Get Justice: Madhya Pradesh High Court

Live Law  

Deciding two separate requests by trial court judges seeking extension of time to conclude the trials, the Chief Justice of High Court of Madhya Pradesh observed that - "Even if there is a little bit of delay in the trial, it's alright. The division bench comprising of Chief Justice Ravi Malimath and Justice Pranay Verma was essentially dealing with two review petitions collectively, wherein two trial court judges were seeking extension of time granted by the High Court vide two different orders to conclude the trials. The first review petition was preferred by the Additional Sessions Judge, Kannod, District Dewas, seeking extension of time granted by High Court in M.CR.C.- 43884/2021, vide order dated 28.09.2021, whereby he was directed to conclude the trial preferably within a period of three months from the date of receipt of certified copy of the respective order. The second review petition was preferred by IVth Additional Sessions Judge, Mandsaur, District Mandsaur, who also sought for extension of time granted by the High Court in R.P.-1195/2020, vide order dated 21.01.2021, whereby the court had extended the period to conclude the trial by one year.

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History of this topic

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges
3 weeks, 4 days ago

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges

India Today  

The Supreme Court on Tuesday reserved its order on the suo motu writ petition registered in connection with the termination of services of six female civil judges by the Madhya Pradesh government, of which two are yet to be reinstated. On the last date of hearing, the top court had slammed the state high court for terminating the services of …

‘Wish men menstruated, only then they would understand’: SC slams firing of MP women judges
1 month, 1 week ago

‘Wish men menstruated, only then they would understand’: SC slams firing of MP women judges

India TV News  

The Supreme Court rapped the Madhya Pradesh High Court for terminating the services of women civil judges in the state and declining to reinstate them. The two judge bench comprising him and Justice N Kotiswar Singh said that disposal rate of cases cannot be a yardstick when judges were suffering mentally and physically. The top court in January had taken …

Fix time for completion of trials, but denying bail no solution, SC tells HCs
1 month, 1 week ago

Fix time for completion of trials, but denying bail no solution, SC tells HCs

New Indian Express  

NEW DELHI: The Supreme Court has expressed strong displeasure after discovering that High Courts have been denying bail to people incarcerated for long periods. A two-judge bench of Justices Abhay S. Oka and Augustine George Masih observed, “Every day we notice that in several orders passed by different High Courts while rejecting the bail applications, in a routine manner, the …

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court
1 month, 2 weeks ago

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court

Live Law  

The Supreme Court recently clarified that it has not laid down any proposition that post-conviction bail can be granted only if the convict has undergone half of the sentence.While considering a petition challenging the refusal of the Madhya Pradesh High Court to suspend sentence, the Court observed that the High Court has misunderstood its decision in Atul @ Ashutosh v. …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
1 month, 2 weeks ago

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials

Live Law  

The Supreme Court on Monday granted bail to a man accused of counterfeiting currency who had been incarcerated for two years and six months invoking the principle that “bail is the rule and jail is the exception.” “Appellant has undergone incarceration for a period of two and a half years. After rejecting the prayer for bail the courts cannot provide …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
1 month, 2 weeks ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

Court Can't Postpone Implementation Of Bail Order After Finding Accused Entitled To Bail: Supreme Court
4 months, 1 week ago

Court Can't Postpone Implementation Of Bail Order After Finding Accused Entitled To Bail: Supreme Court

Live Law  

The Supreme Court on Monday ruled that once a court concludes that an accused is entitled to bail, it cannot delay the implementation of the bail order, as doing so may violate the rights guaranteed under Article 21 of the Constitution. A bench of Justice Abhay Oka and Justice Augustine George Masih deleted the condition imposed by Patna High Court …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
11 months, 1 week ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications
11 months, 3 weeks ago

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications

Live Law  

The Supreme Court in a recent order directed all the courts to scrupulously follow the directions/guidelines issued by it for the expeditious delivery of judgments and disposal of the bail applications. A bench comprising Justices Bela Trivedi and Satish Chandra Sharma directed that High Courts should scrupulously follow the directions/ guidelines issued by the Supreme Court in various decisions. The …

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year, 1 month ago

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

Live Law  

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code. Notably, although the Trial Court had been directed to dispose of the case within 31st …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 2 months ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

'Hurried Trial' : Supreme Court Sets Aside Death Penalty Given In Child Rape-Murder Case Within 23 Days; Orders Fresh Trial
1 year, 2 months ago

'Hurried Trial' : Supreme Court Sets Aside Death Penalty Given In Child Rape-Murder Case Within 23 Days; Orders Fresh Trial

Live Law  

The Supreme Court on Thursday set aside the conviction and death sentence of a man accused of kidnapping, raping, and murdering a three-month-old infant after noting that he had not been give a 'proper opportunity' to defend himself. Today, almost a month after reserving the verdict in, the bench led by Justice Gavai pronounced - "We are of the considered …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 8 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC
1 year, 8 months ago

Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC

Live Law  

The Kerala High Court on Monday held that when an application is filed seeking time bound disposal of a matter, the family court cannot dispose such an application passing an order that the case “will be disposed of at the earliest”.A division bench of Justice Anil K. Narendran and Justice P.G. The Kerala High Court on Monday held that when …

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail
1 year, 10 months ago

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail

Live Law  

The Supreme Court on Friday stayed an order issued by the Madhya Pradesh High Court, which had directed a trial court judge to provide justification for granting bail to an accused. While staying the order of the High Court, the bench opined that such orders of the High Court had the potential to undermine the independence of the district judiciary …

Supreme Court Grants Interim Protection To Indore Law College Professor In Case Over 'Hinduphobic' Book In Library
1 year, 11 months ago

Supreme Court Grants Interim Protection To Indore Law College Professor In Case Over 'Hinduphobic' Book In Library

Live Law  

The Supreme Court on Friday issued notice and sought the response of the state of Madhya Pradesh with respect to the anticipatory bail plea of Dr. Mirza Moziz Beg, an assistant professor at Indore’s Government Law College, which has been embroiled in controversy over the presence, in its library, of an allegedly ‘Hinduphobic’ and ‘anti-national’ book titled Collective Violence and …

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court
1 year, 11 months ago

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently observed that the even if it has directed the civil court to expedite trial in a matter, the court below cannot adopt shortcut methods to dispose of the case. The bench comprising Justice Subodh Abhyankar added that in case of any difficulty, the trial court is always at liberty to seek guidance …

Provision U/S 361 CrPC Mandatory; Trial Court To Record Reasons For Not Releasing Convict On Probation: Madhya Pradesh High Court
2 years ago

Provision U/S 361 CrPC Mandatory; Trial Court To Record Reasons For Not Releasing Convict On Probation: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench has reiterated that the provision under Section 361 CrPC is mandatory and that the trial court ought to record its reasons in writing as to why it would not be advisable to grant the benefit of probation to convict who is otherwise eligible for the same. The Petitioner argued that the lower court …

Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court
2 years, 1 month ago

Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court

Live Law  

The Supreme Court observed that cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bail. Ordinarily, unless a strong case based on any supervening event is made out, an order granting bail is not to be lightly interfered with under Section 439 CrPC.If the Trial Court was satisfied that the …

Mere Issuance of Notice Does Not Attract Doctrine of 'Stare Decisis': MP High Court
2 years, 3 months ago

Mere Issuance of Notice Does Not Attract Doctrine of 'Stare Decisis': MP High Court

Live Law  

The Madhya Pradesh High Court has reiterated that mere issuance of notice on a plea does not create a 'binding precedent' on courts, as it does not lay down any proposition of law to be followed in future.Justice Vivek Agarwal explained that 'Precedent' refers to a decision that is considered as an "authority" for deciding subsequent cases involving identical or …

Duty of Trial Court to Ensure That Trial is Not Prolonged, Says SC
2 years, 4 months ago

Duty of Trial Court to Ensure That Trial is Not Prolonged, Says SC

News 18  

The Supreme Court has expressed displeasure over the delay in examination of witnesses, and said it is the duty of the trial court to ensure that the trial is not prolonged as time lag creates problems in the testimony of witnesses. It is the duty of the prosecution to ensure that the prosecution witnesses are available and it is the …

Can Life Sentence Be Reduced By Giving Benefit Of Right To Private Defence While Maintaining Murder Conviction ? : SC Issues Notice
2 years, 5 months ago

Can Life Sentence Be Reduced By Giving Benefit Of Right To Private Defence While Maintaining Murder Conviction ? : SC Issues Notice

Live Law  

Can a High Court, while maintaining murder conviction, reduce the life sentence to that already undergone, by giving the benefit of right to private defence?The Supreme Court might examine this issue in a special leave petition filed by the State of Madhya Pradesh against a Madhya Pradesh High Court judgment.In this case, the trial Court convicted Nandu @ Nandua and. …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 7 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

Death penalty: Madhya Pradesh withdraws incentives for prosecutors
2 years, 7 months ago

Death penalty: Madhya Pradesh withdraws incentives for prosecutors

Hindustan Times  

A policy that offered incentives to prosecutors for securing capital punishment was withdrawn by the Madhya Pradesh government fearing an adverse judgment from the Supreme Court, which has reserved its order in the matter. “In the state of Madhya Pradesh, any such policies existing for public prosecutors in which any kind of incentive or encouragement is given to them to …

Supreme Court Criminal Digest -April 2022
2 years, 8 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

Breaking: MP High Court Acquits Man Wrongly Convicted For Murder And Imprisoned For 13 Years, Directs State To Pay Him Rs. 42 Lakhs For Malicious Investigation
2 years, 8 months ago

Breaking: MP High Court Acquits Man Wrongly Convicted For Murder And Imprisoned For 13 Years, Directs State To Pay Him Rs. 42 Lakhs For Malicious Investigation

Live Law  

The High Court of Madhya Pradesh recently set aside the conviction of a man for murder and further directed the State to pay him compensation worth Rs. Considering the facts of the case, the Court held that the police was outrightly partisan in its investigation and that it did not investigate the offence from the standpoint of the Appellant at …

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry
2 years, 8 months ago

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry

Live Law  

The Madhya Pradesh High Court recently directed the State Level Vigilance and Monitoring Committee to take appropriate action against the Police Officers concerned for tampering with forensic evidence in a rape case, to allegedly shield the Appellant/accused, who also happened to be a police officer. Justice Vivek Agarwal further lamented that the Court would've directed that the case be handed …

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused
2 years, 8 months ago

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused

Live Law  

The Madhya Pradesh High Court recently set aside the bail granted to rape accused under the provisions of POCSO Act, observing that although the medical report of the Prosecutrix did not mention any definite opinion of rape, it pointed out that her hymen was ruptured and two fingers were easily going in her vagina, which prima facie corroborated the fact …

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022
2 years, 9 months ago

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

Incumbent Upon Trial Court To Fix Amount For Bail Bond Once High Court Orders Release Of Accused: Madhya Pradesh HC
2 years, 9 months ago

Incumbent Upon Trial Court To Fix Amount For Bail Bond Once High Court Orders Release Of Accused: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court recently directed the lower court to ascertain the value of bail bond of the Applicant who was granted bail by the High Court, without mentioning the bail amount. The Court further directed the trial court to remain cautious while dealing with a bail order, as it had refused to ascertain amount for bail bond despite …

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition
2 years, 9 months ago

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition

Live Law  

The Supreme Court dismissed a review petition filed by State of Madhya Pradesh against its judgment holding that magistrates would not be competent to extend the time to complete investigations in UAPA cases.The grounds taken in the Review Petition do not make out any error apparent on record to justify interference, the bench comprising Justices Uday Umesh Lalit, S. Ravindra …

'Casual Approach Towards HC Directions': Madhya Pradesh High Court Directs Lower Court To Conclude Remaining Murder Trial In 30 Days
2 years, 10 months ago

'Casual Approach Towards HC Directions': Madhya Pradesh High Court Directs Lower Court To Conclude Remaining Murder Trial In 30 Days

Live Law  

The Madhya Pradesh High Court recently directed an Additional Sessions Judge to conclude the remaining trial of a murder case within 30 days or else he would be liable to provide a detailed explanation for each days' delay. While dismissing his previous bail application, the Court had directed the lower court to conclude his trial within five months. No.52344/2020 whereby …

'Adjournments Enemy To Justice Delivery System': Madras High Court Directs Sessions Court To Expeditiously Complete Trial In Eight-Year-Old Murder Case
3 years ago

'Adjournments Enemy To Justice Delivery System': Madras High Court Directs Sessions Court To Expeditiously Complete Trial In Eight-Year-Old Murder Case

Live Law  

Madras High Court has lamented about the perils of adjourning the cases indefinitely, even when the matter at hand is of such a grave nature that it warrants an expeditious trial. While observing that adjournments should be granted only by recording genuine reasons and not otherwise, the court observed: "Adjournments are enemies to the justice delivery system. In the case …

Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order
3 years, 1 month ago

Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order

Live Law  

The Madhya Pradesh High Court recently quashed an externment order passed against a man by holding that natural justice principles were violated as the man wasn't given sufficient time to produce the orders of acquittal in the cases in which he was already acquitted.The Bench of Justice Subodh Abhyankar also noted that if the man had been given an opportunity …

Madhya Pradesh High Court Launches Special Drive To Dispose Old Pending Cases
3 years, 1 month ago

Madhya Pradesh High Court Launches Special Drive To Dispose Old Pending Cases

Live Law  

Chief Justice of the Madhya Pradesh High Court Ravi Malimath has begun the exercise of disposing of old pending cases in the state of Madhya Pradesh. After having taken the charge as the Chief Justice, and with the help of other companion Justices of the High Court, Justice Ravi Malimath has emphasized the expeditious hearing of old and pending cases …

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation
3 years, 1 month ago

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation

Live Law  

The Delhi High Court has stayed an order passed by a Sessions Court in bail proceedings, wherein it had pulled up an Investigating Officer of the Delhi Police for conducting perfunctory investigation in connection with a dowry death case.Justice Chandra Dhari Singh observed,"it is a settled position of law that the lower courts are not akin to constitutional courts. The …

Kerala HC extends anticipatory bail of former DGP in 1994 ISRO espionage case
3 years, 2 months ago

Kerala HC extends anticipatory bail of former DGP in 1994 ISRO espionage case

Hindustan Times  

Kochi HT Image The Kerala high court extended till October 27 the anticipatory bail of former director-general of police Siby Mathews, which was granted by the Thiruvananthapuram sessions court in the conspiracy to frame former ISRO scientist Nambi Narayanan and others in the 1994 espionage case. Earlier the sessions court granted the anticipatory bail to him for a period of …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 3 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

Delhi High Court Pulls Up NIA Judge For Delay In Hearing Bail Plea, Directs Expeditious Disposal Without Awaiting Physical Functioning
3 years, 5 months ago

Delhi High Court Pulls Up NIA Judge For Delay In Hearing Bail Plea, Directs Expeditious Disposal Without Awaiting Physical Functioning

Live Law  

The Delhi High Court has recently pulled up a Special NIA Judge, Patiala House Courts for delay in hearing a bail plea since February on the ground that the hearing could only be done via physical mode since the records in the case were voluminous.A division bench comprising of Justice Anup J. Bhambhani and Justice Siddharth Mridul observed thus:"With utmost …

Accused Entitled To Seek Bail On Sole Ground Of Arrest Violating 'Arnesh Kumar' Guidelines : Madhya Pradesh High Court
3 years, 7 months ago

Accused Entitled To Seek Bail On Sole Ground Of Arrest Violating 'Arnesh Kumar' Guidelines : Madhya Pradesh High Court

Live Law  

Days after it observed that the need of the hour is to immediately decongest jails, the Madhya Pradesh High Court on Monday directed the High-Powered Committee to consider the suggestions received by it and make its recommendation regarding the release of prisoners. Additionally, the Senior Counsel and Amicus Curiae suggested that the High Powered Committee ought to also consider recommending …

[Criminal Cases Against MPs/MLAs] Orissa HC Takes Suo Moto Notice And Directs State Govt. to Compile Data Of Pending Cases [Read Order]
4 years, 3 months ago

[Criminal Cases Against MPs/MLAs] Orissa HC Takes Suo Moto Notice And Directs State Govt. to Compile Data Of Pending Cases [Read Order]

Live Law  

The Orissa High Court on Wednesday heard the suo motu writ petition which was listed pursuant to order dated 16.09.2020 passed by the Supreme Court in Writ Petition No.699 of 2016 regarding Special Courts for MPs/MLAs. It may be noted that the Supreme Court on Wednesday asked the Chief Justices of the High Courts to formulate an action plan to …

General Guidelines Issued By The HC Cannot Override Directions Given By Supreme Court On Judicial Side: SC [Read Order]
4 years, 4 months ago

General Guidelines Issued By The HC Cannot Override Directions Given By Supreme Court On Judicial Side: SC [Read Order]

Live Law  

The Supreme Court on Friday rapped a local Court in Madhya Pradesh for its failure to complete trial in a rape case, despite explicit orders to do so within six months. The bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna rejected the explanation rendered by the Trial Court with regard to hearing of only urgent cases amid the …

Madhya Pradesh HC Issues Notice On Plea Alleging Non-Implementation Of SC Order For Decongestion Of Prisons [Read Order]
4 years, 6 months ago

Madhya Pradesh HC Issues Notice On Plea Alleging Non-Implementation Of SC Order For Decongestion Of Prisons [Read Order]

Live Law  

The Madhya Pradesh High Court has issued notice on a petition alleging non-implementation of the Supreme Court order for decongestion of prisons in the state. "The decision of HPC to release under trial prisoners undergoing trials for 5 years or less does not provide any reasoning for leaving out those in pre-trial detention for offences punishable by more than five …

Death Penalty Sentencing in India's Trial Courts: Confusion in the Apex Court Wreaks Havoc in Courts Below
4 years, 7 months ago

Death Penalty Sentencing in India's Trial Courts: Confusion in the Apex Court Wreaks Havoc in Courts Below

Live Law  

Project 39A has released a report titled DeathPenalty Sentencing in Trial Courts: Delhi, Madhya Pradesh and Maharashtra containing findings from a study of all capital cases decided by trial courts of Delhi, Madhya Pradesh and Maharashtra between 2000 and 2015. Contrary to the Constitution Bench decision in Bachan Singh which emphasised the relevance of mitigating factors in capital sentencing, trial …

Condition To Deposit Amount In PM CARES Fund For Granting Bail Is Improper: Madhya Pradesh HC Concurs With Kerala HC [Read Order]
4 years, 7 months ago

Condition To Deposit Amount In PM CARES Fund For Granting Bail Is Improper: Madhya Pradesh HC Concurs With Kerala HC [Read Order]

Live Law  

The Madhya Pradesh High Court on Tuesday set aside the bail condition imposed by a local court that the petitioners should deposit an amount of Rs 25,000/- each, towards the PM CARES Fund. Two Bhopal residents Fahad Ahmed and Hafiz M Haseen had moved the High Court seeking quashing of this bail condition, on the strength of recent order passed …

Madhya Pradesh HC Expands Scope Of Matters To Be Heard By Subordinate Courts; High Power Committee Extends Bail Period Of Prisoners By 45 Days [Read Circulars]
4 years, 8 months ago

Madhya Pradesh HC Expands Scope Of Matters To Be Heard By Subordinate Courts; High Power Committee Extends Bail Period Of Prisoners By 45 Days [Read Circulars]

Live Law  

The Madhya Pradesh High Court has issued a circular stating that in addition to hearing of extremely urgent matters, the Subordinate Courts in the state will also take up cases that are at the stage of disposal and/ or do not require oral evidence. Meanwhile, in view of extension of the lockdown period, the High Power Committee in the state …

Should Anticipatory Bail Be Granted For A Limited Period? SC Constitution Bench To Deliver Verdict Tomorrow
4 years, 11 months ago

Should Anticipatory Bail Be Granted For A Limited Period? SC Constitution Bench To Deliver Verdict Tomorrow

Live Law  

A Constitution Bench of the Supreme Court of India comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah and S. Ravindra Bhat will pronounce its judgment on the issue whether anticipatory bail should be limited to a particular period.The bench had reserved its judgment on October 24, 2019 in the case Sushila Aggarwal & Ors. Shah and S. Ravindra …

Dispose Bail Applications Within A Week, Pass Orders On Day Of Hearing Or Next Date: Kerala HC [Read Order]
5 years, 4 months ago

Dispose Bail Applications Within A Week, Pass Orders On Day Of Hearing Or Next Date: Kerala HC [Read Order]

Live Law  

The Kerala High Court has directed that the bail applications must be disposed of normally within one week and the orders shall be delivered on the date of hearing of the bail application itself or on the next date.Justice B. Sudheendra Kumar issued these directions while disposing a bail application while taking note that the magistrate, in the instant case, …

Delay In Disposing Bail/Suspension Of Sentence Pleas A Travesty Of Justice: SC [Read Order]
5 years, 9 months ago

Delay In Disposing Bail/Suspension Of Sentence Pleas A Travesty Of Justice: SC [Read Order]

Live Law  

Delay in disposing of applications for bail and suspension of sentence in pending criminal appeals would be a travesty of justice, said the Supreme Court while hearing a special leave petition filed by a convict whose plea to suspend sentence is pending in Orissa High Court for eight years. In March 2011, he filed appeal before the High Court along …

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