IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps
2 years, 3 months ago

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps

Live Law  

The Punjab and Haryana High Court recently set aside a Trial Court order closing prosecution evidence after the Investigating Officer in the case failed to appear as witness despite multiple attempts. Justice Jasjit Singh Bedi observed that the trial court is not powerless in such cases and that it ought to have taken coercive steps against the official witness. "In the present case, the Trial Court has shown complete helplessness in securing the presence of ASI Kewal Singh to depose as a prosecution witness. Accordingly, the Court ordered that ASI Kewal Singh, a material witness in the case, shall be examined by the Trial Court on issuance of summons to him in accordance with law.

Trial Court Witness Trial Court Punjab Crpc Section 311 Prosecution Evidence Prosecution Witness Coercive Steps Case Asi Kewal Singh Not Powerless  omits  court  witness  warrant  prosecution  evidence  case  asi  trial  witnesses  hc  powerless  steps  io  kewal  singh  punjab

History of this topic

Record In Warrant Cases | Non-Signing Of Witness's Deposition By Magistrate Will Be Fatal To Case: Punjab & Haryana HC
1 month ago

Record In Warrant Cases | Non-Signing Of Witness's Deposition By Magistrate Will Be Fatal To Case: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that non- signing of the deposition of the witnesses, by a Magistrate in a warrant case under Section 275 CrPC would be fatal to the case of the prosecution.Justice Harpreet Singh Brar said, "A bare perusal of the CrPC) provision indicates that any evidence taken by the jurisdictional Magistrate, in written. The …

Supreme Court Stays Observations Made By P&H High Court Against Haryana Addl Advocate General
1 month ago

Supreme Court Stays Observations Made By P&H High Court Against Haryana Addl Advocate General

Live Law  

The Supreme Court today stayed the adverse observations made by the Punjab and Haryana High Court against the Additional Advocate General of Haryana in a case where an undertrial prisoner died during the pendency of bail application.A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma passed the interim order in a Special Leave Petition filed by the State. …

Undertrial Dies Awaiting Medical Bail: P&H High Court Pulls Haryana Govt Counsel For 'Misleading Court'
1 month, 2 weeks ago

Undertrial Dies Awaiting Medical Bail: P&H High Court Pulls Haryana Govt Counsel For 'Misleading Court'

Live Law  

Following the demise of an undertrial awaiting medical bail, the Punjab and Haryana High Court flagged the failure of Haryana government who made "misleading submissions" before the Court.The accused was referred to Gurugram's Artemis hospital on request of family members. Following the demise of an undertrial awaiting medical bail, the Punjab and Haryana High Court flagged the failure of Haryana …

Undertrial Dies Awaiting Medical Bail: P&H High Court Pulls Haryana Govt Counsel For 'Misleading Court'
1 month, 2 weeks ago

Undertrial Dies Awaiting Medical Bail: P&H High Court Pulls Haryana Govt Counsel For 'Misleading Court'

Live Law  

Following the demise of an undertrial awaiting medical bail, the Punjab and Haryana High Court flagged the failure of Haryana government who made "misleading submissions" before the Court.The accused was referred to Gurugram's Artemis hospital on request of family members. Following the demise of an undertrial awaiting medical bail, the Punjab and Haryana High Court flagged the failure of Haryana …

IO's Presence Not Required At Framing Of Charge Stage: Allahabad HC; Adverse Remarks Against Judicial Officer Expunged
1 month, 2 weeks ago

IO's Presence Not Required At Framing Of Charge Stage: Allahabad HC; Adverse Remarks Against Judicial Officer Expunged

Live Law  

Denying relief to a man accused of committing the dowry death of his wife, the Allahabad High Court recently observed that the presence of the Investigating Officer is not required at the stage of framing of the charge. “It is well settled principle/proposition of law that a coordinate Bench cannot comment upon the discretion exercise or judgment rendered by the …

Failure To Disclose Information About Accomplices Can't Be Construed As 'Non-Cooperation With Investigation': Punjab & Haryana HC
2 months ago

Failure To Disclose Information About Accomplices Can't Be Construed As 'Non-Cooperation With Investigation': Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that "non-cooperation in investigation” must be interpreted with precision and cannot be equated with the failure of the accused to disclose information about his alleged accomplices or for facilitating the recovery of bribe money.Justice Manjari Nehru Kaul while allowing an anticipatory bail application in a corruption case, rejected the. Justice Manjari Nehru …

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months ago

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea

Live Law  

The Supreme Court today issued notice on the anticipatory bail plea of ex-IAS probationary officer Puja Khedkar, who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022. However, Senior Advocate Siddharth Luthra pointed out that the Delhi High Court has given very strong findings in the impugned order, indicting Khedkar …

Dismayed Over Repeated Failure Of Jail Authorities To Produce Accused: Punjab & Haryana HC Seeks Affidavit Of ADGP Explaining Failure Of Duty
2 months, 1 week ago

Dismayed Over Repeated Failure Of Jail Authorities To Produce Accused: Punjab & Haryana HC Seeks Affidavit Of ADGP Explaining Failure Of Duty

Live Law  

The Punjab & Haryana High Court has summoned the Additional Director General of Police, Punjab, to file a comprehensive affidavit, explaining in detail the reasons for the repeated non-production of an accused on the schedule dates of hearing before the trial Court. Justice Manjari Nehru Kaul said, "this Court is deeply concerned and dismayed over the repeated failure of the …

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction
2 months, 1 week ago

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

Live Law  

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately. Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys, …

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC
3 months ago

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC

Live Law  

The Supreme Court granted bail under the Maharashtra Control of Organised Crime Act, 1999, citing prolonged incarceration and delay in trial due to the State's failure to produce the accused on most dates out of 102 dates in the last six years. The Court directed “the Registrar General of the High Court of Judicature at Bombay, Secretary, Home, State of …

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case
3 months ago

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

Live Law  

The Punjab & Haryana High Court has dismissed the plea filed by Congress MLA Mamman Khan against segregation of his trial by the trial court in Nuh from other accused in connection with the July 2023 Nuh violence case. Justice Mahabir Singh Sindhu said, "in view of the charges framed by learned trial Court, prima facie, it is discernible that …

POCSO Case | High Court Grants Relief To Journalist Chitra Tripathi, Sets Aside Gurugram Court's Arrest Warrants
3 months, 1 week ago

POCSO Case | High Court Grants Relief To Journalist Chitra Tripathi, Sets Aside Gurugram Court's Arrest Warrants

Live Law  

In a relief to TV News Anchor and Journalist Chitra Tripathi, the Punjab and Haryana High Court has set aside two orders of the Gurugram Court, issuing a non-bailable warrant of arrest against her in connection with a POCSO Case. It may be noted charges against 8 Journalists, including anchors Deepak Chaurasia, Chitra Tripathi, and Ajit Anjum, Syed Sohail, have …

Andhra Pradesh High Court grants bail to main accused in Kadambari Jethwani’s ‘illegal arrest’ case
3 months, 1 week ago

Andhra Pradesh High Court grants bail to main accused in Kadambari Jethwani’s ‘illegal arrest’ case

The Hindu  

The Andhra Pradesh High Court on Monday granted bail to Kukkala Vidyasagar, accused of getting a false case registered against actor Kadambari Jethwani on charges of forgery and extortion earlier this year with the help of a few police officers. 1 in the First Information Report registered by the Vijayawada City Police on the basis of a complaint registered by …

Punjab & Haryana HC Sets Aside Non-Bailable Warrant Issued Against News Anchor Syed Sohail In POCSO Case
3 months, 1 week ago

Punjab & Haryana HC Sets Aside Non-Bailable Warrant Issued Against News Anchor Syed Sohail In POCSO Case

Live Law  

The Punjab and Haryana High Court has set aside the order of a trial court in Gurugram that cancelled the bail and issued a Non-Bailable Warrant of arrest against TV News Anchors and Journalist Mohammad Sohail in connection with a 2013 POCSO case for his non-appearance in court on one day. The court also directed that the trial court/duty magistrate …

Excise policy: Delhi HC refuses to prepone hearing on Kejriwal's plea in money laundering case
3 months, 2 weeks ago

Excise policy: Delhi HC refuses to prepone hearing on Kejriwal's plea in money laundering case

Hindustan Times  

New Delhi, The Delhi High Court on Friday refused to advance the hearing on a petition by A chief Arvind Kejriwal challenging a trial court's order taking cognisance of a chargesheet filed against him in a money laundering case. Excise policy: Delhi HC refuses to prepone hearing on Kejriwal's plea in money laundering case Justice Manoj Kumar Ohri said, "matter …

Gurugram Court Issues Arrest Warrants Against TV News Anchors Chitra Tripathi & Syed Suhail In POCSO Case
3 months, 3 weeks ago

Gurugram Court Issues Arrest Warrants Against TV News Anchors Chitra Tripathi & Syed Suhail In POCSO Case

Live Law  

A special court in Haryana's Gurugram earlier this month issued a non-bailable warrant of arrest against TV News Anchors and Journalists Chitra Tripathi & Sayed Suhail in a 2013 POCSO case. Before the Court, while Tripathi's counsel sought exemption on the ground that the ABP News Anchor is travelling to Nasik, Maharashtra, to cover the Maharashtra election and interview State's …

Identification Of Accused By Eye-Witness Not Known To Him In Court Without Test Identification Parade Not Credible: Punjab & Haryana HC
4 months ago

Identification Of Accused By Eye-Witness Not Known To Him In Court Without Test Identification Parade Not Credible: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has acquitted a murder case convict after finding that the prosecution case was not reliable and the testimony of eye-witness was not credible.Justice Sureshwar Thakur and Justice Sudeepti Sharma said the the eyewitness account who is unknown to the accused is not credible if he directly identified him in the Court, without prior test …

Delhi HC refuses to stay trial court proceedings against Kejriwal in ED case
4 months, 1 week ago

Delhi HC refuses to stay trial court proceedings against Kejriwal in ED case

Hindustan Times  

The Delhi high court on Tuesday refused to immediately stay the trial court proceedings against former Delhi chief minister Arvind Kejriwal in a case filed by Enforcement Directorate against him for allegedly disobeying the summons issued by the agency in the Delhi excise policy case. A bench of justice Manoj Kumar Ohri refused to halt the proceedings saying that the …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
4 months, 1 week ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court
4 months, 1 week ago

Not Liable For Contempt If Undertaking Is Given By Unauthorised Person: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court set aside the charges framed for contempt of court, observing that the undertaking given by the State counsel following the instruction of the official was not authorised to give the undertaking.A case seeking direction for conducting exam of Kanungo for promotion to the post of Naib Tehsildar was filed, however the same was disposed …

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case
4 months, 3 weeks ago

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case

Live Law  

The Punjab & Haryana High Court has stated that after framing of charges, the prosecution must give only one opportunity of disclosure and the accused may choose to avail of this facility. The court also requires the prosecution to furnish only the list of statements, documents, material objects and exhibits, which are not relied upon by the investigating officer. The …

Arvind Kejriwal’s aide Bibhav Kumar granted bail in Swati Maliwal assault case
6 months, 2 weeks ago

Arvind Kejriwal’s aide Bibhav Kumar granted bail in Swati Maliwal assault case

The Hindu  

The Supreme Court on Monday allowed bail to Delhi Chief Minister Arvind Kejriwal’s aide Bibhav Kumar, who was accused of assaulting Aam Aadmi Party’s Rajya Sabha member Swati Maliwal at the Chief Minister’s residence on May 13. Strict bail conditions Justice Kant said there were other alternatives, including imposing strict bail conditions over and above those which the trial court …

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea
7 months, 1 week ago

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea

Live Law  

The Delhi High Court on Monday granted interim protection from arrest till August 21 to former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022.Justice Subramonium Prasad issued notice on Khedkar's anticipatory bail plea and sought response of Delhi. The Delhi High Court on …

Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail
7 months, 2 weeks ago

Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail

Live Law  

Observing that continued absence of prosecution witnesses is alarming in NDPS cases, especially given the severe drug menace in Punjab region, the Punjab & Haryana High Court has said that "since the trial has been delayed due to the repeated and continuous non-appearance of the prosecution witnesses, the State cannot justifiably oppose the prayer of the petitioner for bail."Previously,... Observing …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 2 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Bail order exposed BJP conspiracy, so ED challenged it in Delhi HC: Sanjay Singh
9 months ago

Bail order exposed BJP conspiracy, so ED challenged it in Delhi HC: Sanjay Singh

New Indian Express  

NEW DELHI: AAP Rajya Sabha MP Sanjay Singh on Friday said the trial court order granting bail to Chief Minister Arvind Kejriwal on Thursday exposed the conspiracy of the BJP-led central government and the biased investigation by the Enforcement Directorate ; thus the agency rushed to the Delhi High Court to stall the order. Addressing the press after the high …

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case
9 months ago

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case

Live Law  

Setting aside a conviction in a 25-year-old murder case, the Allahabad High Court has observed that only on the basis of the absconding of the accused, he cannot be held to be guilty. The trial court relied upon the recovery of the crime weapon axe, under section 27 of the Evidence Act, coupled with the conduct of the accused in …

Court acquits two after Mohali police fail to prove snatching case
9 months, 1 week ago

Court acquits two after Mohali police fail to prove snatching case

Hindustan Times  

After Mohali police’s failure to prove two persons guilty for snatching a woman’s gold chain in Kurali, a local court acquitted the persons who were arrested last year. Police later apprehended the accused at a check post laid near Niholka Road, Kurali, and recovered the complainant’s gold chain. The accused’s counsel Jaswinder Singh vehemently argued that the prosecution miserably failed …

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case
9 months, 3 weeks ago

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case

Live Law  

The Punjab & Haryana High Court has upheld the conviction in a murder case observing that the witnesses cannot be expected to present parrot-like version to the Trial Court.The Court rejected the "various inconsistencies appearing in the testimonies" of witnesses contended by the accused.Justice Gurvinder Singh Gill and Justice N.S. The Punjab & Haryana High Court has upheld the conviction …

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment
10 months, 1 week ago

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment

Live Law  

The Punjab & Haryana High Court has issued bailable warrants against an IAS officer to ensure her presence in a contempt plea filed by a man for allegedly violating the High Court's order and causing "illegal obstruction" in the construction of a plot.Justice Rajbir Sehrawat said, "to ensure the presence of the respondent before this Court on the next date …

Delhi excise policy case: Why no bail application in trial court, SC asks Arvind Kejriwal; hearing to continue tomorrow
10 months, 3 weeks ago

Delhi excise policy case: Why no bail application in trial court, SC asks Arvind Kejriwal; hearing to continue tomorrow

Live Mint  

The Supreme Court on Monday asked the counsel of Delhi Chief Minister Arvind Kejriwal why the bail application was not filed before the trial court, while hearing a petition challenging his arrest by the Enforcement Directorate in connection with the Delhi excise policy case. On March 21, Kejriwal was arrested by the ED in connection with a money laundering probe …

Kejriwal says 'my arrest classic case of how...' in affidavit to Supreme Court
10 months, 3 weeks ago

Kejriwal says 'my arrest classic case of how...' in affidavit to Supreme Court

Hindustan Times  

Delhi chief minister Arvind Kejriwal has filed his response to the Enforcement Directorate's affidavit in the Supreme Court and said his arrest is a classic case of how the ruling party-led central government has misused the ED and the PMLA to crush its biggest political opponent -- the Aam Aadmi Party and its leaders. Delhi chief minister Arvind Kejriwal filed …

Lakhimpur Kheri Case| Supreme Court Asks UP Police & Prosecutor To Ensure Presence Of Witnesses To Avoid Delay In Trial
10 months, 3 weeks ago

Lakhimpur Kheri Case| Supreme Court Asks UP Police & Prosecutor To Ensure Presence Of Witnesses To Avoid Delay In Trial

Live Law  

The Supreme Court, while hearing Ashish Mishra's bail plea in connection with the Lakhimpur Kheri incident, observed in its order that the public prosecutor and the local police need to take effective steps to ensure the presence of witnesses during Ashish Mishra's trial in connection with the Lakhimpur Kheri incident. Today, Senior Advocate Siddhartha Dave, appearing for Mishra, apprised the …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
11 months, 1 week ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

Trial court sets terms and conditions for Sanjay Singh’s bail
11 months, 2 weeks ago

Trial court sets terms and conditions for Sanjay Singh’s bail

Hindustan Times  

A trial court on Wednesday asked Aam Aadmi Party lawmaker Sanjay Singh to provide a detailed itinerary of the places he travels to, share his mobile number, and always keep his GPS location on as it set the terms and conditions for his release from prison. The Supreme Court on Tuesday ordered Singh’s release from prison subject to the trial …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
1 year ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

SC denies bail to alleged member of Sikhs for Justice in UAPA case
1 year, 1 month ago

SC denies bail to alleged member of Sikhs for Justice in UAPA case

New Indian Express  

NEW DELHI: The Supreme Court has denied bail to an alleged Khalistani separatist, Gurwinder Singh, who is purported to be a member of banned outfit 'Sikhs for Justice', after noting that prima facie his complicity in preparation for a terrorist act could not be ruled out. The National Investigation Agency had registered a case and probing the alleged role of …

Delhi Liquor Policy Case | Supreme Court To Hear On March 5 AAP MP Sanjay Singh's Plea Against Arrest By Enforcement Directorate
1 year, 1 month ago

Delhi Liquor Policy Case | Supreme Court To Hear On March 5 AAP MP Sanjay Singh's Plea Against Arrest By Enforcement Directorate

Live Law  

A bench of Justices Sanjiv Khanna and Dipankar Datta was hearing Singh's plea against a Delhi High Court order refusing to set aside his arrest. Last month, the Aam Aadmi Party MP moved the Delhi High Court seeking bail in the money laundering case and a bench of Justice Swarana Kanta Sharma issued notice in his application, seeking the Enforcement …

Delhi CM Arvind Kejriwal 'running away' from probe, says BJP after he skips ED summons
1 year, 2 months ago

Delhi CM Arvind Kejriwal 'running away' from probe, says BJP after he skips ED summons

The Hindu  

The BJP on January 4 accused Arvind Kejriwal of "running away" from a probe after the Delhi Chief Minister skipped the third summons by the Enforcement Directorate in connection with the Delhi excise policy case. In a letter addressed to the Enforcement Directorate, the Aam Aadmi Party leader on January 3 cited Rajya Sabha polls, Republic Day preparations and the …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year, 3 months ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year, 3 months ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year, 3 months ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law  

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence
1 year, 4 months ago

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence

Live Law  

The Punjab & Haryana High Court recently dismissed a plea to preserve the call records of a police officer who arrested the petitioner in the NDPS Act observing that for the possibility of creating evidence in favour of the accused, it cannot go to the extent of breaching privacy of a police officer.Justice Rajbir Sehrawat added that just to give …

Failure Of Punjab Police Witnesses To Appear In NDPS Case On 11 Dates Leads High Court To Suspects Their "Unholy Nexus" With Accused
1 year, 5 months ago

Failure Of Punjab Police Witnesses To Appear In NDPS Case On 11 Dates Leads High Court To Suspects Their "Unholy Nexus" With Accused

Live Law  

The Punjab & Haryana High Court has strongly criticized the Punjab Government for its inaction and lackadaisical approach in curbing the drug menace in the State. The Court pointed out that accused persons under the NDPS Act have been repeatedly seeking bail, citing the non-appearance of prosecution witnesses who are police officials.Justice Manjri Nehru Kaul said, "Despite. Justice Manjri Nehru …

Punjab & Haryana High Court Refuses Bail To ASI Probing Rape Case, Caught On Camera Accepting Bribe From Complainant
1 year, 6 months ago

Punjab & Haryana High Court Refuses Bail To ASI Probing Rape Case, Caught On Camera Accepting Bribe From Complainant

Live Law  

The Punjab & Haryana High Court has rejected the anticipatory bail plea of an Assistant Sub-Inspector of Police who is investigating a rape case and was recorded taking a bribe from the complainant in a viral video.Justice Anoop Chitkara said, "the petitioner was the investigator in a very heinous offence involving Sections 376 and 328 IPC. The Punjab & Haryana …

No Appearance Despite Issuance Of Summons: Punjab & Haryana High Court Asks Trial Court To Attach Police Officers' Salary
1 year, 6 months ago

No Appearance Despite Issuance Of Summons: Punjab & Haryana High Court Asks Trial Court To Attach Police Officers' Salary

Live Law  

The Punjab & Haryana High Court recently directed to attach the salary of police officials who failed depose before the Court despite issuance of several summons in a 2021 case under NDPS. Trial Court is directed to attach salary of the official witnesses who failed to depose despite service after taking their details from the record." It further added that …

Drugs case: High court refuses anticipatory bail to Raj Jit
1 year, 7 months ago

Drugs case: High court refuses anticipatory bail to Raj Jit

Hindustan Times  

The Punjab and Haryana high court dismissed anticipatory bail plea of sacked assistant inspector general Raj Jit Singh Hundal, an accused in a drug smuggling case, observing that he might indulge in threatening witnesses. Referring to initiation of criminal case against him following opening of sealed cover reports on drugs by the high court, the bench said it would be …

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order
1 year, 8 months ago

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order

Live Law  

The Punjab & Haryana High Court has revived contempt proceedings against the then Additional Session Judge of Kapurthala, who despite the stay order of the High Court acquitted the accused in a 2016 murder case. A contempt petition was filed against the judge for disobeying the order of the High Court and in 2019 it directed the Registrar Vigilance to …

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
1 year, 9 months ago

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case

Live Law  

Granting bail to an accused in a POCSO case, the Jammu and Kashmir and Ladakh High Court has said that simply because the prosecutrix keeps herself away from appearing in court, the plea for bail cannot be deferred indefinitely. The accused was arrested in April 2020 and his first bail application was rejected by the trial court on the ground …

Beant Singh assasination case: Jagtar Singh Hawara seeks in-person appearance for 2 trials in UT
1 year, 10 months ago

Beant Singh assasination case: Jagtar Singh Hawara seeks in-person appearance for 2 trials in UT

Hindustan Times  

Counsel for Jagtar Singh Hawara, who is serving a life term in Delhi’s Tihar Jail for the assassination of former Punjab chief minister Beant Singh, has filed a plea in a local court here, seeking that the accused be produced in the court in person and not via video-conferencing during his trial. Hawara is facing trials in two cases registered …

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