'Trial Took 40 Years!' : Supreme Court Grants Bail To 75 Year-Old Rape-Murder Convict, Asks HC To Hear His Appeal On Priority
1 year, 2 months ago

'Trial Took 40 Years!' : Supreme Court Grants Bail To 75 Year-Old Rape-Murder Convict, Asks HC To Hear His Appeal On Priority

Live Law  

The Supreme Court on Monday granted bail to a septuagenarian convicted of raping and murdering his niece in view of the extraordinary delay of 40 years in the completion of the trial. The bench also expressed surprise at the convict being sent to custody after 40 years since the incident, even while his appeal is pending in the high court – “The incident is from 1983. After 40 years, he is sent to custody, when his appeal is pending…Is State not concerned with the fact that the trial took 40 years?” “This is a fit case where this court may direct the high court to take it up immediately,” Advocate Sunil Fernandes said, appearing for the state government. Against this, he filed an appeal in the high court.“From 1988 to 2018 – for 30 years – the trial could not proceed after a stay order was passed,” Fernandes told the bench. We, therefore, direct the high court to give out-of-turn priority to the disposal of the appeal in accordance with law.” Case Details Banamali Choudhury v. State of West Bengal | Special Leave Petition No.

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History of this topic

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 …

SC Deprecates 'dilatory Tactics' Adopted by Parties in Death Penalty Case
2 years, 1 month ago

SC Deprecates 'dilatory Tactics' Adopted by Parties in Death Penalty Case

News 18  

The Supreme Court on Monday strongly deprecated the “dilatory tactics” adopted by the parties and their advocates for “deflecting the course of justice” in a murder case, where seven of the convicts have been awarded death sentence. Justice Bela M Trivedi, who was also part of the bench, took a strict view and said, “Such a dilatory tactics adopted by …

Inadequate Sentence Cannot Be Imposed Merely Because Long Period Has Lapsed By The Time Criminal Appeal Is Decided: Supreme Court
2 years, 8 months ago

Inadequate Sentence Cannot Be Imposed Merely Because Long Period Has Lapsed By The Time Criminal Appeal Is Decided: Supreme Court

Live Law  

The Supreme Court observed that merely because a long period has lapsed by the time the appeal is decided cannot be a ground to award the punishment which is disproportionate and inadequate.The bench comprising Justices MR Shah and BV Nagarathna observed that it has come across a number of judgments of different High Courts in which the criminal appeals are …

Benefit of Section 57IPC Not Available Merely On Ground Of Being In Jail For 18 Yrs: Allahabad HC Dismisses Murder Convicts' Appeal
2 years, 9 months ago

Benefit of Section 57IPC Not Available Merely On Ground Of Being In Jail For 18 Yrs: Allahabad HC Dismisses Murder Convicts' Appeal

Live Law  

Upholding the life imprisonment sentence of 5 convicts in connection with a 2003 murder case, the Allahabad High Court recently observed that the benefit provided under section 57 IPC cannot be extended to the appellants merely on the ground that they are languishing in jail for about 18 years.Having analyzed the facts and circumstances of the Case, the Bench of …

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines
2 years, 11 months ago

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

Live Law  

On Thursday the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. Thereafter, narrating the prosecution's case in brief, the High Court concluded that the prosecution had proved the case beyond reasonable doubt and on proper appraisal of …

'What The Court Says, And How It Says It, Is Equally Important As What It Decides': Supreme Court Explains Purpose & Importance Of Judgment
3 years, 3 months ago

'What The Court Says, And How It Says It, Is Equally Important As What It Decides': Supreme Court Explains Purpose & Importance Of Judgment

Live Law  

The Supreme Court, while setting aside a High Court order that granted bail to a murder accused, explained the 'importance of judgment; purpose of judgment and what should be contained in the judgment'.The court said that a judgment should have a clarity, both on facts and law and on submissions, findings, reasoning's and the ultimate relief granted. The Supreme Court, …

No Discussion Or Analysis: Supreme Court Sets Aside HC Order Granting Bail To Murder Accused
3 years, 4 months ago

No Discussion Or Analysis: Supreme Court Sets Aside HC Order Granting Bail To Murder Accused

Live Law  

There is no discussion or analysis of circumstances at all, the Supreme Court observed while setting aside a High Court order granting bail to murder accused.The bench comprising Justices DY Chandrachud and MR Shah observed that in a case where an earlier application for bail has been rejected, there is a higher burden on the appellate court to furnish specific …

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court
3 years, 4 months ago

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court

Live Law  

The Supreme Court reiterated that brief reasons must be given in an order disposing an application for leave to appeal under Section 378 ofthe Code of Criminal Procedure 1973 against an order of acquittal.Merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not …

Life Convict In Jail For 21 Years, Appeal Pending Before HC For 16 Years: Supreme Court Asks Him To Approach HC For Bail
4 years, 1 month ago

Life Convict In Jail For 21 Years, Appeal Pending Before HC For 16 Years: Supreme Court Asks Him To Approach HC For Bail

Live Law  

The Supreme Court on Wednesday disposed of a writ petition filed by a life convict, whose appeal against the order of conviction is pending before the Allahabad High Court for more than 16 years, with directions to the High Court to consider his application for bail forthwith.On being informed that the Petitioner had spent over 21 years in prison during …

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