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 ought to have given him the benefit under the Probation of Offenders Act and under Section 360 CrPC. It was further contended that it was mandatory for the court below under Section 361 CrPC to record its reasons for not extending the benefit of probation, but the same was not done. In view of the aforesaid, in the opinion of this Court, benefit of probation ought to have been extended to the petitioner which trial Court as well as appellate Court have not extended.

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History of this topic

[Probation Of Offenders Act] Gauhati HC Extends Benefit Of Probation To Man Convicted U/S 498A IPC, Says Offence Was Not Heinous
3 days, 12 hours ago

[Probation Of Offenders Act] Gauhati HC Extends Benefit Of Probation To Man Convicted U/S 498A IPC, Says Offence Was Not Heinous

Live Law  

The Gauhati High Court on Thursday extended the benefit of Probation of Offenders Act to a man who was convicted and sentenced by the Trial Court to undergo one year imprisonment for the offence of cruelty under IPC Section 498A, after noting that the nature of offence alleged in the case was not so heinous. The accused has also offered …

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

Madhya Pradesh High Court Stresses On Early Disposal Of Cases In Revenue Courts, Applies Apex Court Guidelines
4 months, 3 weeks ago

Madhya Pradesh High Court Stresses On Early Disposal Of Cases In Revenue Courts, Applies Apex Court Guidelines

Live Law  

The Madhya Pradesh High Court has emphasized the necessity of expediting case disposals in revenue courts, extending the Supreme Court's guidelines applicable to High Courts and District Courts to include revenue courts as well. The petitioner's counsel highlighted the inordinate delay in resolving the appeal, citing the Supreme Court's decision in High Court Bar Association, Allahabad vs. State of UP …

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 …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 2 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'
1 year, 3 months ago

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'

Live Law  

The Madhya Pradesh High Court on Wednesday issued a circular for all the Sessions and criminal courts in the state directing them to strictly follow the guidelines issued by the Supreme Court in the 2014 Arnesh Kumar Judgment on arrests. Accordingly, the Madhya Pradesh High Court has issued the following guidelines: 11.1 All the State Governments to instruct its police …

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case
1 year, 4 months ago

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case

Live Law  

The Supreme Court recently asked the Madhya Pradesh High Court to have a relook the case of a judicial aspirant, whose name was deleted from the merit list of the Madhya Pradesh Judicial Services Examination, 2019 due to a "false" criminal complaint. A Division Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia in its order made a prima facie …

Supreme Court Imposes Cost On State of UP For Delay In Complying With Direction For Premature Release Of 4 Convicts
1 year, 4 months ago

Supreme Court Imposes Cost On State of UP For Delay In Complying With Direction For Premature Release Of 4 Convicts

Live Law  

The Supreme Court on Tuesday recently the State of Uttar Pradesh to pay a cost Rs.10,000/- to all four persons whose premature release directed by the Apex Court had been delayed by the state.A division bench of Justice Abhay S Oka and Justice Sanjay Karol imposed costs stating that there was no explanation from the authorities for the long delay …

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court
1 year, 7 months ago

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

Live Law  

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also …

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials
1 year, 8 months ago

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials

Live Law  

The Himachal Pradesh High Court has reiterated that the powers under Section 391 CrPC are to be exercised judiciously and not for mere asking, and the additional evidence should not be a way to re-try the case or alter the charges. The observations were made while hearing challenge to an order of Appellate court in terms of which it had …

Madhya Pradesh High Court Dismisses Plea Challenging Vires Of S.143-A Negotiable Instruments Act
2 years, 1 month ago

Madhya Pradesh High Court Dismisses Plea Challenging Vires Of S.143-A Negotiable Instruments Act

Live Law  

The Madhya Pradesh High Court recently dismissed a petition challenging the constitutional validity of Section 143-A of the Negotiable Instruments Act, 1881 which makes provision for interim compensation to the complainant. Elaborating on the legislative intent behind introduction of the provision through an amendment, the division bench comprising Chief Justice Ravi Malimath and Justice Vishal Mishra observed that it aims …

Section 36 CrPC | Parallel Enquiry Not Maintainable During Pendency Of Investigation: Madhya Pradesh High Court
2 years, 1 month ago

Section 36 CrPC | Parallel Enquiry Not Maintainable During Pendency Of Investigation: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently held that a parallel enquiry ordered under Section 36 CrPC is not maintainable during the pendency of the investigation. Ahluwalia directed the Investigating Officer not to consider the same for the purpose of investigation- Thus, it is clear that the parallel enquiry under Section 36 of CrPC is not maintainable during the …

Man Before MP High Court Seeking ₹10 Lakh Compensation For Excessive Imprisonment Sent Back To Prison Citing Erroneous Release
2 years, 2 months ago

Man Before MP High Court Seeking ₹10 Lakh Compensation For Excessive Imprisonment Sent Back To Prison Citing Erroneous Release

Live Law  

The Madhya Pradesh High Court recently dismissed the petition of a person seeking compensation for being imprisoned beyond his sentence on the ground that he was erroneously released early. Examining the submissions of parties and documents on record, the Court questioned the maintainability of the second application under Section 482 CrPC moved by the Petitioner. The Court observed that the …

S.279(2) Income Tax Act | Authority Can Compound Offence Before Conviction But Not Thereafter: Madhya Pradesh High Court
2 years, 2 months ago

S.279(2) Income Tax Act | Authority Can Compound Offence Before Conviction But Not Thereafter: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that pursuant to Section 279 of the Income Tax Act, the prescribed Authorities have the power to compound an offence either before or after the institution of proceeding against the assessee but certainly not after their conviction. Interpreting the guidelines issued for compounding of the offence under Direct Tax Laws, 2019 …

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 …

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court
2 years, 3 months ago

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that a petition under Section 482 CrPC is maintainable as the Court below was erroneous in passing orders under Section 451 CrPC to freeze amounts in petitioner's account which had no reasonable connection with any commission of an offence. The Court relied on the Supreme Court decision in Prabhu Chawla …

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court
2 years, 4 months ago

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the trial court does not have the power under Section 94 of Juvenile Justice Act, 2015 to determine the age as contested by the accused and that the same can be exercised only by the Juvenile Justice Board. Setting aside the order passed by the lower court whereby it had …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 4 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Prisoners May Be Granted Benefit Of Policy For Premature Release Prevalent At Time Of Conviction & Sentence: Punjab & Haryana High Court
2 years, 4 months ago

Prisoners May Be Granted Benefit Of Policy For Premature Release Prevalent At Time Of Conviction & Sentence: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that the policy of the state government with respect to premature release of prisoners, applicable to the relevant claim, would be the policy as applicable, at the time of verdict of conviction and sentence. It is trite law, that the policy applicable to the relevant claim, would be the policy as applicable, at …

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

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

Live Law  

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

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

S.340 CrPC Can't Be Invoked If False Statement In Application Did Not Impact Its Outcome: Madhya Pradesh High Court
2 years, 8 months ago

S.340 CrPC Can't Be Invoked If False Statement In Application Did Not Impact Its Outcome: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently held that false statements made in an application under section 45 of the Indian Evidence Act, which did not have any impact on the outcome of the said application, cannot be a ground to initiate proceedings under section 340 CrPC. The Court then scrutinized the provision under section 340 CrPC and observed …

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 …

Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine
2 years, 9 months ago

Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine

Live Law  

The Gujarat High Court is set to examine whether a Magistrate can reject an application filed by the complainant seeking explanation of the accused under Section 313 of CrPC, upon the evidence produced against him.The provision stipulates power of the Court to examine the accused and enable him to personally explain any circumstances appearing in the evidence against him.In the …

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

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

Live Law  

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

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

'Child In Conflict With Law Can't Be Treated As Under Trial Prisoner U/S 436-A CrPC': Madhya Pradesh High Court
2 years, 9 months ago

'Child In Conflict With Law Can't Be Treated As Under Trial Prisoner U/S 436-A CrPC': Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently held that a Child in Conflict with Law cannot be treated as an undertrial prisoner as contemplated under Section 436-A CrPC, since arrest/ confinement/ apprehension are not contemplated in Juvenile Justice Act, 2015. Elucidating the historical background of Section 436-A CrPC, he submitted that the said provision came into force by way …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
2 years, 10 months ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

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

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

Live Law  

Deciding two separate requests by trial court judges seeking extension of time to conclude the trials, the Chief Justice of High Court of Madhya Pradesh observed that - "Even if there is a little bit of delay in the trial, it's alright. The division bench comprising of Chief Justice Ravi Malimath and Justice Pranay Verma was essentially dealing with two …

Supreme Court Raps State Of Madhya Pradesh For Its Callous Way To Implement Orders Passed By It
3 years, 1 month ago

Supreme Court Raps State Of Madhya Pradesh For Its Callous Way To Implement Orders Passed By It

Live Law  

The Supreme Court on Friday rapped the State of Madhya Pradesh for its callous way to implement the orders passed by the Top Court. The Top Court on October 21, 2021 had issued notice in the Special Leave Petitions assailing Madhya Pradesh High Court of quashing FIR registered against the accused u/s 420, 467, 468, 472 and 120-B of IPC.The …

Madhya Pradesh High Court Directs SLSA To Make Surprise Visits to Prison Facilities To Audit The Prevailing Conditions
3 years, 2 months ago

Madhya Pradesh High Court Directs SLSA To Make Surprise Visits to Prison Facilities To Audit The Prevailing Conditions

Live Law  

The Madhya Pradesh High Court has directed the Member Secretary, District Legal Services Authority accompanied by Chief Judicial Magistrate of each district to make a surprise inspection of all the Central Jails and District Jails falling in their jurisdiction, on any day within next six weeks, and privately interview as many prisoners as they may consider necessary and submit their …

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

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

Live Law  

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

Supreme Court Weekly Round Up, August 9 To August 15, 2021
3 years, 4 months ago

Supreme Court Weekly Round Up, August 9 To August 15, 2021

Live Law  

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme CourtCase: Kaptan Singh vs State of Uttar Pradesh; CrA 787 OF 2021Citation: LL 2021 SC 379The Supreme Court observed that it is improper to quash criminal proceedings under Section 482 of Criminal Procedure Code when there are serious triable allegations in. Improper To …

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court
3 years, 4 months ago

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has recently observed that automatic confirmation cannot be claimed as a matter of right after the expiry of probation period, unless there is a vacancy for the same job. One of the conditions of the appointment order was that in the light of Rule 12 of the Madhya Pradesh Government Servants Rules, 1960, the petitioner's …

Quashing Of FIR- Detailed Enquiry On Merits Not Warranted U/s 482 CrPC, Reiterates Supreme Court
3 years, 4 months ago

Quashing Of FIR- Detailed Enquiry On Merits Not Warranted U/s 482 CrPC, Reiterates Supreme Court

Live Law  

The Supreme court reiterated that a detailed enquiry into the merits of the allegations is not warranted while exercising jurisdiction under Section 482 of the Criminal Procedure Code.The bench comprising Justices DY Chandrachud and MR Shah observed that while exercising jurisdiction under Section 482 of the Criminal Procedure Code, the High Court ought not to be scrutinizing the material in. …

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

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

Live Law  

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

Madhya Pradesh HC Issues Notice On Plea Alleging Non-Implementation Of SC Order For Decongestion Of Prisons [Read Order]
4 years, 5 months ago

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

Live Law  

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

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