'Casual Approach Towards HC Directions': Madhya Pradesh High Court Directs Lower Court To Conclude Remaining Murder Trial In 30 Days
2 years, 9 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 a Coordinate Bench of this Court had directed learned trial Court to conclude the trial within five months. With the aforesaid observations, the Court dismissed the bail application as withdrawn and further directed the ASJ concerned, to conclude the trial within 30 days of receiving the order, otherwise he would be liable to provide an explanation to the Court for delay of each and every day.

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History of this topic

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor
1 week, 1 day ago

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor

Live Law  

In a plea concerning termination of over 20-week pregnancy of a minor girl who was stated to be gang raped, the Indore bench of the Madhya Pradesh High Court has given a detailed procedure to be followed by police authorities, district courts and high court registry in order to ensure timely legal and medical help. It is rather cruel for …

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court
3 weeks, 6 days 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
4 weeks, 1 day 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 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 …

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor
1 month, 1 week ago

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor

Live Law  

The Madhya Pradesh High Court in a recent ruling commuted the death sentence of a man convicted for rape and murder of a minor girl. The division bench observed, “…we have no hesitation in maintaining his sentence under Sections 302, 376, 377, 201, 363, 366 of the IPC, but societal interest can be balanced by holding that appellant shall remain …

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix
1 month, 2 weeks ago

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. Ahluwalia in its order said, "It is true that the applicant may suffer irreparable …

Allahabad HC relief to SP MLA in 2021 criminal case
4 months, 2 weeks ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
10 months, 3 weeks 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 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 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, 1 month 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 …

Court Trying The Offence Best Suited To Alter Or Modify Charges Already Framed At An Appropriate Stage: Madhya Pradesh High Court
1 year, 1 month ago

Court Trying The Offence Best Suited To Alter Or Modify Charges Already Framed At An Appropriate Stage: Madhya Pradesh High Court

Live Law  

Observing that the trial court is best placed to alter or modify charges at an appropriate stage, Madhya Pradesh High Court refused to interfere in the trial court’s order that framed charges against an accused under Section 304 of IPC instead of Section 304-A IPC. The single-judge bench of Justice Pranay Verma added that the petitioner/accused would not be put …

'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 …

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter
1 year, 2 months ago

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter

Live Law  

The Chief Justice Of Gujarat High Court Sunita Agarwal on Thursday orally remarked that she is working out to end the ongoing practice in HC of issuing rule nisi in bail matters and posting those cases for hearing 2-3 weeks thereafter. She added that after 24 hours and 48 hours, the Public Prosecutor must be ready to argue on bail …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 4 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission
1 year, 4 months ago

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission

Live Law  

Observing that the case does not fall under the category of the rarest of rare, the Madhya Pradesh High Court commuted a convict's sentence of death penalty to life imprisonment without remission, in a case for the murder and rape of a 3 years and 4 month old girl. The division bench of Chief Ravi Malimath and Justice Vishal MIshra …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 7 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 …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
1 year, 9 months ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

'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 …

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court
1 year, 10 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
1 year, 11 months 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 …

Supreme Court Sets Aside HC Direction To Give '72 Hours Notice' To An Accused If State Intends To Arrest Him
2 years ago

Supreme Court Sets Aside HC Direction To Give '72 Hours Notice' To An Accused If State Intends To Arrest Him

Live Law  

The Supreme Court set aside a direction issued by Bombay High Court to the State to give 72 hours' notice to an accused in the event it intends to arrest him.Such a direction could not have been issued by the High Court, the bench of CJI DY Chandrachud and Justice PS Narasimha observed.In this case, the Bombay High Court, while …

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 …

Madhya Pradesh High Court Reduces Rape Convict's Sentence Considering He Had Left Minor Victim Alive
2 years, 2 months ago

Madhya Pradesh High Court Reduces Rape Convict's Sentence Considering He Had Left Minor Victim Alive

Live Law  

The Madhya Pradesh High Court, Indore Bench recently reduced the sentence of a rape convict from life imprisonment to 20 years of imprisonment on the ground that he did not kill the 4-year-old victim after the heinous act. Singh did not find any fault in the conviction of the Appellant but found it fit to extend him the benefit of …

Madhya Pradesh High Court reduces sentence of rape convict for 'sparing' minor victim's life
2 years, 2 months ago

Madhya Pradesh High Court reduces sentence of rape convict for 'sparing' minor victim's life

India Today  

The Madhya Pradesh High Court recently reduced the life sentence of a rape convict after it noted that even though the crime was demonic, the convict was "kind enough" to spare the child's life. The Indore bench of Justice Subodh Abhyankar and Justice SK Singh of the high court reduced the life sentence of the convict to 20 years. The …

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

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court
2 years, 3 months ago

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court

Live Law  

The Madhya Pradesh High Court recently reiterated that an accused appearing before the trial court, pursuant to a notice served upon them by the police for filing of charge-sheet, is deemed to be under the custody of the court. The bench comprising of Justice Vishal Dhagat further held that the application under Section 439 CrPC moved by the accused in …

Teesta Setalvad's Plea : FIR Doesn't Say Anything More Than SC Judgment, Why HC Listed Bail After 6 Weeks? Supreme Court To Gujarat Police
2 years, 3 months ago

Teesta Setalvad's Plea : FIR Doesn't Say Anything More Than SC Judgment, Why HC Listed Bail After 6 Weeks? Supreme Court To Gujarat Police

Live Law  

The Supreme Court on Thursday posed several questions to the State of Gujarat regarding the case against social activist Teesta Setalvad, who is under custody since June 25 over alleged fabrication of documents to file cases in relation to 2002 Gujarat riots.A bench led by Chief Justice of India UU Lalit at one point of the hearing even indicated that …

Adjust calendar to prioritize cases pertaining to those in jail for a long time, says Bombay HC
2 years, 3 months ago

Adjust calendar to prioritize cases pertaining to those in jail for a long time, says Bombay HC

India Today  

The court has to adjust its calender/schedule in such a way that the trials which are expedited and where the accused are languishing in jail for a considerable period of time, are given priority, said Justice Bharti Dangre of the Bombay High Court while looking into a communication forwarded by a judge of a sessions court, who could not finish …

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court
2 years, 4 months ago

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court

Live Law  

Punjab and Haryana High Court has reiterated that in terms of Section 437 of CrPC, bail ought to be granted where the trial in a case triable by Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence. The observation was made by Justice Jasjit Singh Bedi while dealing with a …

Murder Charge Can Be Added Against Accused If Injured Victim Dies Due To Septicemia Days After Being Discharged From Hospital: MP High Court
2 years, 4 months ago

Murder Charge Can Be Added Against Accused If Injured Victim Dies Due To Septicemia Days After Being Discharged From Hospital: MP High Court

Live Law  

The Madhya Pradesh High Court recently refused to interfere with the decision of the trial court to add charge for offence of Murder punishable under Section 302 IPC against the accused after the injured person died 13 days subsequent to being discharged from the hospital. Taking note of the law laid down by the Supreme Court in the case of …

Bail Cannot Be Cancelled When Accused Wasn't Conditioned To Not Get Involved In Any Other Criminal Case: MP High Court
2 years, 4 months ago

Bail Cannot Be Cancelled When Accused Wasn't Conditioned To Not Get Involved In Any Other Criminal Case: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench, recently rejected an application for cancellation of bail of a person on the ground that his bail order had not conditioned him to not get involved in any other criminal case. The Applicant had alleged that the accused person, who was enlarged on bail by the Court, was regularly indulging in criminal activities …

"13 Yrs Of Incarceration Sans Conclusion Of Trial Violated His Right To Speedy Trial": Allahabad HC Grants Interim Bail To Murder Accused
2 years, 4 months ago

"13 Yrs Of Incarceration Sans Conclusion Of Trial Violated His Right To Speedy Trial": Allahabad HC Grants Interim Bail To Murder Accused

Live Law  

The Allahabad High Court last week granted bail to a murder accused as it noted that 13 years of incarceration without conclusion of the trial had violated his fundamental right to a speedy trial.The bench of Justice Ajay Bhanot was dealing with the 4th bail application of the murder accused seeking his release on bail in a criminal case under …

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. …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 6 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 6 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 …

Allahabad HC Grants Bail To Rape Accused As Victim Resiled From Her Statement, Orders Refund Of Compensation Paid To Her
2 years, 6 months ago

Allahabad HC Grants Bail To Rape Accused As Victim Resiled From Her Statement, Orders Refund Of Compensation Paid To Her

Live Law  

The Allahabad High Court recently granted bail to a rape accused in view of the fact that the victim had not supported the prosecution's case during the trial and that she had been declared hostile.The Bench of Justice Sanjay Kumar Singh also issued direction to the trial court to take steps for a refund of the compensation paid to her …

'Bar U/S 362 CrPC Not Applicable': Madhya Pradesh High Court Recalls Order For Cancellation Of Bail As Accused Was Not Duly Served Notice
2 years, 7 months ago

'Bar U/S 362 CrPC Not Applicable': Madhya Pradesh High Court Recalls Order For Cancellation Of Bail As Accused Was Not Duly Served Notice

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently recalled its order for cancellation of bail which was passed ex-parte, holding that the person enlarged on bail was not duly served notice and therefore he could not appear before the Court to contest the said application. He further argued that the Deemed Service Clause as per Chapter XV Rule 11 of …

Delhi HC to Hear on May 26 Sharjeel Imam's Interim Bail Plea Based on SC Order on Sedition
2 years, 7 months ago

Delhi HC to Hear on May 26 Sharjeel Imam's Interim Bail Plea Based on SC Order on Sedition

News 18  

The Delhi High Court on Tuesday said it will hear on May 26 a plea by JNU student Sharjeel Imam, who has been arrested in a case related to alleged inflammatory speeches made by him during the protests against the Citizenship Amendment Act and the National Register of Citizens in 2019, seeking interim bail. Imam has sought bail citing the …

Supreme Court Raises Eyebrows At UP Police Registering New FIR Against Azam Khan Soon After He Gets Bail
2 years, 7 months ago

Supreme Court Raises Eyebrows At UP Police Registering New FIR Against Azam Khan Soon After He Gets Bail

Live Law  

The Supreme Court, on Wednesday, expressed concern about 'the coincidence' that as and when Samajwadi Party MLA, Azam Khan secures bail, a new case is registered against him. The Allahabad High Court has now, granted bail to Khan in a case pertaining to grabbing of enemy property and constructing Mohammad Ali Jauhar University on it. Concerned about the manner in …

Supreme Court Criminal Digest -April 2022
2 years, 7 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 …

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court
2 years, 7 months ago

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court

Live Law  

Considering the categorical statement made by a 11-yr-old rape victim, the Madhya Pradesh High Court recently rejected the bail application of the accused stating that at the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted. Justice Anil Verma observed: "At the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted as …

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry
2 years, 7 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 Grants Temporary Bail To Murder Accused To Take Care Of Pregnant Wife
2 years, 8 months ago

Madhya Pradesh High Court Grants Temporary Bail To Murder Accused To Take Care Of Pregnant Wife

Live Law  

The High Court of Madhya Pradesh recently granted temporary bail to a murder accused for 90 days so that he could take care of his pregnant wife, whose delivery was due in a week. Justice Sanjay Dwivedi was dealing with a bail application U/S 439 CRPC moved by the Applicant accused for offences punishable U/S 302, 307, 294, 506, 147, …

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 …

Incumbent Upon Trial Court To Fix Amount For Bail Bond Once High Court Orders Release Of Accused: Madhya Pradesh HC
2 years, 8 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 …

S.311 CrPC: Madhya Pradesh High Court Directs Trial Court To Recall Prosecutrix In Rape Case After She Changes Stance In Bail Proceedings
2 years, 8 months ago

S.311 CrPC: Madhya Pradesh High Court Directs Trial Court To Recall Prosecutrix In Rape Case After She Changes Stance In Bail Proceedings

Live Law  

The Madhya Pradesh High Court recently allowed an application to recall Prosecutrix in a rape case for re-examination, corollary to 'material development' in the matter. Justice Sanjay Dwivedi was essentially dealing with an application under Section 482 CrPC moved by the Applicant who was aggrieved by the order of the lower court, whereby his application under Section 311 CrPC to …

Criminal Appeals From 1980s Pending In Allahabad HC; Convicts Awaiting Bail Even After 16 Yrs Sentence : Supreme Court Says "Disturbing State Of Affairs"
2 years, 8 months ago

Criminal Appeals From 1980s Pending In Allahabad HC; Convicts Awaiting Bail Even After 16 Yrs Sentence : Supreme Court Says "Disturbing State Of Affairs"

Live Law  

The Supreme Court recently termed the state of affairs before the Lucknow Bench of Allahabad High Court as "disturbing" on being apprised of the pendency of bail applications of convicts who have undergone more than 16 years of incarceration and non availability of criminal bench to hear the same for the last 25 days. The bench of Justices SK Kaul …

Accused Can't Take Advantage Of Their Own Dilatory Tactics & Seek Bail If There Is Delay In Completing Trial: Andhra Pradesh High Court
2 years, 8 months ago

Accused Can't Take Advantage Of Their Own Dilatory Tactics & Seek Bail If There Is Delay In Completing Trial: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court in a recent case observed that the accused had created hurdles from time to time so that the trial could not be completed. The Additional Public Prosecutor opposed the criminal petition stating that the petitioner was behind the conspiracy and the murder of Mayor. Consideration of the Court The court observed that the trial was …

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 …

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