Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case
2 years, 3 months ago

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case

Live Law  

Taking into consideration the "agony of trial" faced by the petitioner, who was convicted in a rash and negligent driving case, the Punjab and Haryana High Court has reduced the sentence of 1 year to the period of detention already undergone, i.e., 6 months. The bench comprising Justice Harnaresh Singh Gill relied on the view taken by the Apex Court in Saurabh Bakshi's case and said that the ends of justice would be met, if his substantive sentence is reduced to the period already undergone by him. Taking into consideration the agony of trial faced by the petitioner for the period of 9½ years and further in view of the judgment of the Hon'ble Apex Court in Saurabh Bakshi's case, in my opinion, the ends of justice would be suitably met, if the substantive sentence imposed upon the petitioner is reduced to the period already undergone by him. After placing reliance on the judgement of the Supreme Court in State of Punjab Vs. Saurabh Bakshi, 2015 RCR 495, upheld the conviction of the petitioner under Sections 279 and 304-A IPC but reduced the substantive sentence to the one already undergone by him with further direction to pay Rs.50,000/- as compensation to the legal heirs of deceased.

Court Ipc Punjab Sentence Petitioner Sections Saurabh Bakshi Undergone 279  punjab  undergone  sentence  haryana  279  substantive  yrs  ipc  high  sections  conviction  faced  petitioner  304a  court  negligent  rash  trial  reduces

History of this topic

“Not Been Convicted Twice”: Rajasthan HC Orders Removal Of Man's Name From Police Surveillance Register After Being Booked In 7 Cases
3 days ago

“Not Been Convicted Twice”: Rajasthan HC Orders Removal Of Man's Name From Police Surveillance Register After Being Booked In 7 Cases

Live Law  

The Jodhpur bench of Rajasthan High Court recently directed the State to delete the name of a man–booked in seven cases–from the police's Surveillance Register on the ground that he had not been convicted twice in the cases pending against him. Perusing through the record, judgments cited by the parties and Rajasthan Police Rules, Justice Manoj Kumar Garg in his …

Punjab & Haryana HC Grants ₹2 Lakh Compensation To Man Held In Custody Despite Forensic Report Revealing Alleged Contraband Is 'Paracetamol'
2 weeks ago

Punjab & Haryana HC Grants ₹2 Lakh Compensation To Man Held In Custody Despite Forensic Report Revealing Alleged Contraband Is 'Paracetamol'

Live Law  

The Punjab & Haryana High has granted Rs 2 lakh compensation for "unjust deprivation of liberty" of a man who was continued to be detained under NDPS Act, despite the forensic report revealing that the alleged contraband was nothing but paracetamol.Justice Kirti Singh noted that the petitioner was subjected to prolonged incarceration for a period of about "13 days despite …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
3 weeks, 4 days ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

Merely Saying Delay Is Due To 'Unforeseen Circumstances' Not Sufficient: Punjab & Haryana HC Rebukes State For Unexplained Delay In Filing Revision Plea
1 month, 1 week ago

Merely Saying Delay Is Due To 'Unforeseen Circumstances' Not Sufficient: Punjab & Haryana HC Rebukes State For Unexplained Delay In Filing Revision Plea

Live Law  

The State has to be accorded some latitude while considering the plea for condonation of delay filed by the State but the same cannot be stretched to an extent that the limitation Act is rendered otiose, said the Punjab & Haryana High Court while refusing to condone delay of 174 days in filing the revision plea.Justice Sumeet Goel was hearing …

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
1 month, 1 week ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

Punjab & Haryana HC Dismisses Army's Plea Seeking Restriction Of Disability Benefits To Three Years For Disabled Soldier Discharged In 2001
1 month, 2 weeks ago

Punjab & Haryana HC Dismisses Army's Plea Seeking Restriction Of Disability Benefits To Three Years For Disabled Soldier Discharged In 2001

Live Law  

The Punjab & Haryana High Court has dismissed a petition filed by the Union of India seeking restriction of arrears of "broad-banding" of disability pension to a period of three years rather than from date of discharge of a disabled soldier in 2001.The applicant having disability of 30% is entitled to get the rounding off benefit of disability element of …

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains
4 months, 1 week ago

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains

Live Law  

While quashing a perjury proceeding against a litigant, the Supreme Court on Tuesday laid down the yardsticks which should be fulfilled for initiating proceedings for the offence of perjury under Section 193 of Indian Penal Code, 1860.The bench comprising Justice BR Gavai, Justices Sanjay Karol and KV Viswanathan was deciding an appeal preferred by a litigant against the decision of. …

Negligent Conduct, Caused 19-Yr Delay: Rajasthan High Court Dismisses Plea Against Ex-Parte Decree In Recovery Suit Due To Non-Appearance
4 months, 2 weeks ago

Negligent Conduct, Caused 19-Yr Delay: Rajasthan High Court Dismisses Plea Against Ex-Parte Decree In Recovery Suit Due To Non-Appearance

Live Law  

Noting the "negligent conduct" of a man in delaying the trial of a recovery suit by almost 19 years, the Rajasthan High Court recently dismissed his plea for setting aside an ex-parte decree which was passed due to his non-appearance in the suit. A single judge bench of Justice Nupur Bhati observed, "Thus, upon perusal of the record, and the …

MP High Court Asks Sessions Judge To Explain Why She Awarded Lesser Than Prescribed Minimum Sentence For Rape
5 months ago

MP High Court Asks Sessions Judge To Explain Why She Awarded Lesser Than Prescribed Minimum Sentence For Rape

Live Law  

In a criminal appeal filed against a rape conviction and for suspension of sentence, Madhya Pradesh High Court has called for an explanation from the Sessions Judge, Dindori, as to why lesser than the minimum prescribed statutory sentence for offence of rape under Section 376 IPC was awarded to the convict. The single-judge bench of Justice Dinesh Kumar Paliwal observed …

'Undergone Mental Agony For Seven Years': Orissa HC Reduces Sentence Of Man Convicted U/S 354 IPC For Groping Co-Worker
5 months, 2 weeks ago

'Undergone Mental Agony For Seven Years': Orissa HC Reduces Sentence Of Man Convicted U/S 354 IPC For Groping Co-Worker

Live Law  

The Orissa High Court, while upholding guilt of a man for groping the breast of a co-worker in 2018, has reduced the sentence awarded by the trial Court to the period already undergone keeping in view, inter alia, the prolonged period of mental agony for pendency of trial. Providing relief to the 57 years-old appellant, the Single Bench of Justice …

Second Parole Plea Filed Only by Changing Date of Daughter’s Wedding Not Justifiable: Punjab & Haryana HC Rejects Petition
6 months ago

Second Parole Plea Filed Only by Changing Date of Daughter’s Wedding Not Justifiable: Punjab & Haryana HC Rejects Petition

News 18  

The Punjab and Haryana High Court has rejected a second parole request from a convict under the Narcotic Drugs and Psychotropic Substances Act, who sought release for two weeks to attend his daughter’s wedding. The court presided over by Justice Kuldeep Tiwari found that a new petition based solely on a changed wedding date is not justifiable. The court also …

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution
6 months, 2 weeks ago

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution

Live Law  

Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who did not disclose in the plea that a similar petition was dismissed for "non-prosecution. Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who …

Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister
6 months, 3 weeks ago

Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister

Live Law  

The Uttarakhand High Court has recently commuted the death penalty awarded to a man convicted for repeatedly committing rape upon his five-year-old orphan cousin and assaulting her numerous times. While lessening the punishment awarded to the convict to twenty-year rigorous imprisonment, the Division Bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma observed – “…we are of the …

Congress Candidate Against Former Haryana CM ML Khattar Granted Bail By Panchkula Court In Defacement Of Property Case
7 months, 3 weeks ago

Congress Candidate Against Former Haryana CM ML Khattar Granted Bail By Panchkula Court In Defacement Of Property Case

Live Law  

A Panchkula Court has granted bail to Youth Congress leader Divyanshu Budhiraja, who is contesting from Haryana's Karnal Lok Sabha seat against former Chief Minister ML Khattar, in 2018 FIR pertaining to the Haryana Prevention of Defacement of Property Act.Budhiraja has also moved the High Court seeking quashing of a case registered against him for his alleged failure to appear …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
8 months, 2 weeks 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 …

Like Ram Rahim, 89 others facing multiple convictions granted parole: Haryana tells HC
9 months, 1 week ago

Like Ram Rahim, 89 others facing multiple convictions granted parole: Haryana tells HC

Hindustan Times  

The Haryana government has told the Punjab and Haryana high court that at least 89 persons convicted and sentenced in three or more cases having life term have been granted parole/ furlough on multiple occasions like Dera Sacha Sauda chief Gurmeet Ram Rahim. Ram Rahim, who was sentenced to 20 years jail in two rapes, life term for conspiring the …

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

Delhi court rejects bail plea of Sharjeel Imam in sedition case
10 months, 1 week ago

Delhi court rejects bail plea of Sharjeel Imam in sedition case

Hindustan Times  

New Delhi: A Delhi court on Saturday denied statutory bail to Sharjeel Imam in a sedition case filed against him for allegedly giving inflammatory speeches at various places in Delhi, including at Delhi’s Jamia area and Aligarh Muslim University, during the anti-CAA protests in 2019-2020. Sharjeel Imam was arrested in January 2020 Imam had moved the court under section 436A …

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background
10 months, 1 week ago

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background

Live Law  

The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown …

Vandiperiyar Rape-Murder Case: Kerala High Court Grants Bail To Relative Of Acquitted Accused Who Was Charged In A Counter Case
10 months, 2 weeks ago

Vandiperiyar Rape-Murder Case: Kerala High Court Grants Bail To Relative Of Acquitted Accused Who Was Charged In A Counter Case

Live Law  

The Kerala High Court has granted bail to the relative of Arjun, who was acquitted in the rape and murder of a five-and-a-half-year-old minor girl at Vandiperiyar town in the Idukki district in 2021, accused of attacking the victim's family. "Indisputably, there is a case and counter case registered against the petitioner and the defacto complainant and their family members …

Decide on Sharjeel’s bail by Feb 17: Delhi HC to trial court
10 months, 3 weeks ago

Decide on Sharjeel’s bail by Feb 17: Delhi HC to trial court

New Indian Express  

NEW DELHI: The Delhi High Court on Tuesday directed a trial court in the city to decide by February 17 an application moved by student activist Sharjeel Imam seeking statutory bail in a sedition case against him in relation to the 2020 northeast Delhi riots. During the hearing before a bench of Justice Suresh Kumar Kait and Justice Manoj Jain, …

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court
11 months, 1 week ago

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court

Live Law  

In a recent matter before the Kerala High Court, a single judge bench of Justice CS Dias held that an oral application made by the petitioner, who was accused under the NDPS Act would be sufficient to release him on statutory bail due to the failure of the Investigation Officer to file the final report on time. The petitioner submitted …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
11 months, 2 weeks ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

Probation Of Offenders Act | Benefit Cannot Be Granted In An Offence Involving Rash & Negligent Driving: Himachal Pradesh High Court
1 year ago

Probation Of Offenders Act | Benefit Cannot Be Granted In An Offence Involving Rash & Negligent Driving: Himachal Pradesh High Court

Live Law  

Denying the benefit of the Probation of Offenders Act to a convict charged with rash and negligent driving, the Himachal Pradesh High Court has ruled that the benefit of the Act cannot be granted to a person convicted of causing death by negligence punishable under Section 304-A of IPC. He relied on precedents, including judgments from the Supreme Court and …

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 …

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

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year ago

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Live Law  

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana. The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother …

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

High Court Expunges 'Disparaging Remarks' Made By Sessions Court About Then Gurugram Police Commissioner In Corruption Case Against Junior
1 year, 3 months ago

High Court Expunges 'Disparaging Remarks' Made By Sessions Court About Then Gurugram Police Commissioner In Corruption Case Against Junior

Live Law  

The Punjab & Haryana High Court has expunged the "disparaging remarks" made by a Sessions Court against former Police Commissioner of Gurugram, while deciding the anticipatory bail plea of a junior IPS officer.Justice Vinod S. Bhardwaj said, "The remarks extracted above were not integral for the final adjudication of the anticipatory bail application filed by accused–Dheeraj Kumar. The Punjab & …

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments
1 year, 3 months ago

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments

Live Law  

The Punjab & Haryana High Court criticised the Judicial Officers for delay in disposing of the plea for cancellation of suspension of sentence in a Negotiable Instrument Act case.Observing that the plea is pending since 2021 and adjourned on multiple occasions, the bench of Justice Mahabir Singh Sindhu said, “A perusal of the above extract clearly reveals that the officers …

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order
1 year, 5 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 …

Accused Can Challenge Trial Court's Rejection Of Prosecution’s Application For Pardon: Punjab & Haryana High Court
1 year, 6 months ago

Accused Can Challenge Trial Court's Rejection Of Prosecution’s Application For Pardon: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently held that an accused has the locus standi to challenge the rejection of an application filed by prosecution under Section 306 CrPC seeking pardon. “An accused does have a right to move an application independently to the trial Court under Section 306 Cr.P.C. While observing that there is sufficient evidence against the accused …

ITBP Force Rules | Army Court Not Recording Plea Of Guilt In Words Used By Accused Vitiates Proceedings: Jammu & Kashmir High Court
1 year, 6 months ago

ITBP Force Rules | Army Court Not Recording Plea Of Guilt In Words Used By Accused Vitiates Proceedings: Jammu & Kashmir High Court

Live Law  

Quashing a Summary Force Court proceedings against a Constable of ITBP, the Jammu and Kashmir and Ladakh High Court has said that since Army Rules are mandatory in nature, it is imperative that Army Court shall record the plea of guilt in the words used by the accused or as nearly as possible in the words used by the accused, …

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court
1 year, 6 months ago

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that further detention of an accused becomes unlawful if an order granting extension to submit the final report under Section 173 of the Criminal Procedure Code itself is overturned. The Investigating Officer sought an extension of time to submit the report under Section 173 of the CrPC, as the initial 180-day period …

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases
1 year, 7 months ago

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases

Live Law  

The Punjab & Haryana High Court has issued a notice to government of Punjab and Haryana on a petition seeking formulation of Standard Operating Procedures for regulating the total period of custody undergone by a person detained in multiple cases. The petitioner argues that reading the custody period of all cases jointly would amount to violation of the right to …

[Application On Permanent Remission] Supreme Court Pulls Up State of Uttar Pradesh For Non-Compliance of Earlier Order; Seeks Affidavit
1 year, 7 months ago

[Application On Permanent Remission] Supreme Court Pulls Up State of Uttar Pradesh For Non-Compliance of Earlier Order; Seeks Affidavit

Live Law  

The Supreme Court of India recently rapped the State of Uttar Pradesh for not complying with the Court’s earlier order which directed to consider and pass orders on the application of a convict seeking permanent remission. A Bench headed by Justice Abhay S Oka came down heavily on the State for not complying the Court’s order dated February 7 and …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

Mere Registration Of FIR Against Accused When He Was On Interim Bail Does Not Amount To Breach Of Bail Conditions: Jammu & Kashmir High Court
1 year, 8 months ago

Mere Registration Of FIR Against Accused When He Was On Interim Bail Does Not Amount To Breach Of Bail Conditions: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High has recently clarified that the registration of an FIR against an accused does not constitute a breach of their interim bail conditions, as it is merely a preliminary step in the legal process and does not necessarily indicate criminal activity. When this information was brought to the attention of the Sessions Judge, the …

Supreme Court Sets Aside Punishment Imposed On BSF Commandant For Allegedly Allowing Trans-Border Drugs Smuggling
1 year, 8 months ago

Supreme Court Sets Aside Punishment Imposed On BSF Commandant For Allegedly Allowing Trans-Border Drugs Smuggling

Live Law  

The Supreme Court on Thursday set aside the judgement and order of the Punjab & Haryana High Court which upheld the conviction of an Ex-Commandant of BSF under various provisions of BSF Act and NDPS Act, on the ground that there was no direct and cogent evidence against him. Contentions The Counsel appearing for the appellant submitted before the Supreme …

Consider Granting Parole To Dacoity-Murder Convict Under Old Rules Applicable At Time Of His Conviction: Rajasthan High Court
1 year, 8 months ago

Consider Granting Parole To Dacoity-Murder Convict Under Old Rules Applicable At Time Of His Conviction: Rajasthan High Court

Live Law  

The Rajasthan High Court on Tuesday directed the State to consider the parole application of a prisoner under the Rajasthan Prisoners Release on Parole Rules, 1958 on the ground that the prisoner was convicted prior to the implementation of the Rajasthan Prisoners Release on Parole Rules, 2021. The division bench of Justice Vijay Bishnoi and Justice Rajendra Prakash Soni observed: …

Chandigarh: Drug accused pleads guilty, courts let him off with minor punishment
1 year, 8 months ago

Chandigarh: Drug accused pleads guilty, courts let him off with minor punishment

Hindustan Times  

A youth caught with 15 gm heroin has been let off by courts with merely one month and 12 days of jail time after he confessed to possessing the drug. Dismissing Chandigarh Police’s appeal for higher sentence, a Punjab and Haryana high court bench refused to interfere with the trial court order passed in March 2019. The contraband recovered from …

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial
1 year, 9 months ago

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial

Live Law  

The Gujarat High Court recently refused to interfere with the order of trial court rejecting former IAS Officer Pradeep Sharma's application for discharge in a case under Prevention of Money Laundering Act. The single judge bench of Justice Samir J. Dave observed: “While rejecting the discharge application of the applicant, learned trial court has specifically observed that on the basis …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
1 year, 9 months ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

81-Yr-Old To Volunteer At Anganwadi After Karnataka High Court Reduces Sentence To 3 Days In Grievous Hurt Case
1 year, 10 months ago

81-Yr-Old To Volunteer At Anganwadi After Karnataka High Court Reduces Sentence To 3 Days In Grievous Hurt Case

Live Law  

The Karnataka High Court has set aside the sentence of two years imposed on an 81-year-old convict and modified it to three days simple imprisonment after the convict volunteered to serve at an Anganwadi Centre for a period of one year. A single judge bench of Justice R Nataraj allowed the petition filed by Aithappa Naika in part and set …

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused
2 years ago

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused

Live Law  

The Punjab and Haryana High Court recently expressed its dismay over the conduct of Police officials, who were the official witnesses in a NDPS case, for not deposing despite issuance of multiple bailable, non-bailable and arrest warrants. A single bench of Justice Jasgurpreet Singh Puri remarked, "It is actually very surprising that the police officials were summoned by way of …

18 Adjournments Taken After Framing Of Charges; Reasons To Believe He's Not Guilty: P&H High Court Grants Bail To Accused In NDPS Case
2 years ago

18 Adjournments Taken After Framing Of Charges; Reasons To Believe He's Not Guilty: P&H High Court Grants Bail To Accused In NDPS Case

Live Law  

Granting bail to an accused in a case involving recovery of 500 grams of heroin – which qualifies as 'commercial quantity' under the NDPS Act, the Punjab and Haryana High Court said his argument that he has been falsely implicated in the case gets substantiated from the fact that on 18 dates, no prosecution witness came forward for deposition before …

[Entry Tax Evasion] Punjab & Haryana High Court Says Provisions Of IPC Cannot Be Invoked Since VAT Act Does Not Provide For Registration Of FIR
2 years ago

[Entry Tax Evasion] Punjab & Haryana High Court Says Provisions Of IPC Cannot Be Invoked Since VAT Act Does Not Provide For Registration Of FIR

Live Law  

Punjab and Haryana High Court has held that since the provisions of the VAT Act do not provide for the registration of the FIR and the said Act is a Code in itself, the provisions of the IPC also cannot be invoked.The Bench comprising Justice Jasjit Singh Bedi was dealing with a petition under Section 482 CrPC for quashing of …

S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC
2 years, 1 month ago

S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC

Live Law  

The Kerala High Court on Thursday held that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, the report produced by the Public Prosecutor ought to disclose the progress of investigation in addition to the reasons to detain the accused …

BREAKING | Rampur Court Dismisses SP Leader Azam Khan's Plea Seeking Stay On His Conviction In 2019 Hate Speech Case
2 years, 1 month ago

BREAKING | Rampur Court Dismisses SP Leader Azam Khan's Plea Seeking Stay On His Conviction In 2019 Hate Speech Case

Live Law  

A Court In Uttar Pradesh's Rampur District today DISMISSED an application moved by the Samajwadi Party Leader Azam Khan seeking a stay of his conviction in the 2019 hate speech case. The Court has pronounced the order today pursuant to a direction issued by the Apex Court to decide Khan's application on Thursday itself.It may be noted that Khan had …

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