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2000 SCCL.COM 609(Case/Appeal No: Criminal Appeal Nos. 741743 of 2000 etc. Writ Petition (Crl.) Nos. 271, 273, 283-315, 317-342,
343-372, 373-402 of 2000)
Abdul Karim etc. etc. Appellants Vs. State of Karnataka & Ors
etc.etc. Respondents, decided on 11/7/2000.
Name of the Judge: Honble Mr. Justice S.P. Bharucha, Hon'ble Mr.
Justice D.P. Mohapatra and Hon'ble Mr. Justice Y.K. Sabharwal.
Subject Index: Criminal Procedure Code -- Section 321 -- applications
under Section 321 Cr.P.C. seeking consent of court to withdraw TADA
charges to facilitate ultimately the release of accused persons from
judicial justody so as to meet Veerappan's demands -- withdrawal from
prosecution of any person -- the Special Public Prosecutor must be
satisfied, on consideration of all relevant material, that his withdrawal
from the prosecution is in the public interest and it will not stifle or
thwart the process of law or cause injustice -- requirement of law not
satisfied hence consent under Section 321 cannot be granted -- order
under Section 321 passed by the designated Court at Chennai in the
matter of Radio Venkatesan set aside -- appeals allowed.
court of original criminal jurisdiction and has all the powers of such a
court under the Code including those of Sections 306 to 308 --- appeals
dismissed.
2001 SCCL.COM 774(Case/Appeal No: Writ Petition (Crl.) Nos. 245246 of 2000 (With W.P. (Crl.) Nos. 249, 270, 405, 421, 433-435/2000,
57 and 63-64 of 2001))
Narinderjit Singh Sahni and another Petitioners Vs. Union of
to have been placed before the same Judge -- open to the other Judge
of the High Court to sit in appeal against the order passed by coordinate bench of the same Court.
be, should make it appear that the High Court while forming opinion on
prayer for BAIL was conscious of the reasons for rejection of prayer for
BAIL as assigned by the Session Court -- order of BAIL set aside.
2002 SCCL.COM 753(Case/Appeal No: Criminal Appeal Nos. 13461247 of 2002 (with CRL. A. Nos. 1348-1349/2002, 1350-1351/2002,
1352 of 2002))
M.C. Abraham and another Appellants with A.K. Dhote Appellant
with J.F. Salve and another Appellants Vs. State of Maharashtra
and others Respondents, decided on 12/20/2002.
Name of the Judge: Honble Mr. Justice N. Santosh Hegde and Honble
Mr. Justice B.P. Singh.
Subject Index: Code of Criminal Procedure -- complaint lodged by
Provident Commissioner against Directors of MAPL -- despite application
for anticipatory BAIL being rejected, appellants were not arrested -held a person whose petition for grant of anticipatory BAIL has been
rejected may or may not be arrested by the investigating officer
depending upon the facts and circumstances of the case, nature of the
offence, the background of the accused, the facts disclosed in the
course of investigation and other relevant considerations -- there was
no justification for the High Court to direct the State to arrest the
appellants against whom the first information report was lodged, as it
amounted to unjustified interference in the investigation of the case -appeals allowed.
Name of the Judge: Honble Mr. Justice N. Santosh Hegde and Honble
Mr. Justice B. P. Singh.
Subject Index: Bail -- enlarging the accused on BAIL by the High
Court without assigning any reason -- accused charged with offences
under Sections 302, 395, 397, 147, 149, 436, 427, 188 and 120-B IPC
and Section 135 of the Bombay Police Act -- since the trial court has
assigned reasons for refusing BAIL which includes availability of
material to establish prima facie case against the respondent-accused,
and looking to the gravity of the offence as also the apprehension of the
complainant as to the possibility of interference by the accused with the
investigation and threat to the prosecution witnesses in the event of
they being enlarged on BAIL, we think it would have been more
appropriate if the High Court could have at least briefly indicated the
reasons which it though entitled the respondent-accused to BAIL -- the
impugned order of the High Court should be set aside and the matter
be remitted back to the High Court for fresh consideration, bearing in
mind the observations made in this order.
2003 SCCL.COM 856(Case/Appeal No: Criminal Appeal Nos. 119121 of 1997 (With Crl. A. Nos. 314-316 of 1997))
Ramanand Yadav Appellant Vs. Prabhu Nath Jha and others
Respondents, decided on 10/31/2003.
Name of the Judge: Honble Mr. Justice Doraiswamy Raju and Honble
Mr. Justice Arijit Pasayat.
Subject Index: Indian Penal Code, 1860 -- Sections 302 read with
Section 34 -- the High Court was not justified in directing acquittal. The
same is set aside. Respondents are convicted under Section 302 read
with Section 34 IPC and are sentenced to undergo imprisonment for
life. As they are on BAIL, they shall surrender forthwith to suffer
remainder of the sentence.
the near future, without taking into consideration the other factors.
Subject Index: N.D.P.S. Act, 1985 -- Section 37 -- BAIL granting of -in the case at hand the High Court seems to have completely
overlooked the underlying object of Section 37 and transgressed the
limitations statutorily imposed in allowing BAIL. It did not take note of
the confessional statement recorded under Section 67 of the Act -Mere non-compliance of the order passed for supply of copies, if any,
cannot as in the instant case entitle an accused to get BAIL
notwithstanding prohibitions contained in Section 37.
2004 SCCL.COM 507(Case/Appeal No: Criminal Appeal Nos. 446449 of 2004 (with Crl. A. Nos. 450-452 of 2004))
Zahira Habibulla H. Sheikh and another Appellants Vs. State of
Gujarat and others Respondents, decided on 4/12/2004.
Name of the Judge: Hon'ble Mr. Justice Doraiswamy Raju and Hon'ble
Mr. Justice Arijit Pasayat.
Subject Index: Best Bakery Case -- witness Protection -- quality and
credibility of evidence -- improper conduct of trial by the Public
Prosecutor -- day to day trial mandate of section 309 of the Code -trial to be completed by December, 2004 -- keeping in view the peculiar
circumstances of the case, and the ample evidence on record, glaringly
demonstrating subversion of justice delivery system and with no
congeal and conductive atmosphere still prevailing, we direct that the
re-trial shall be done by a Court under the jurisdiction of Bombay High
Court. The Chief Justice of the said High Court is requested to fix up a
Court of Competent jurisdiction -- the State Government to appoint
another Public Prosecutor and it shall be open to the affected persons to
suggest any name which may also be taken into account in the decision
to so appoint. Though the witnesses or the victims do not have any
choice in the normal course to have a say in the matter of appointment
of a Public Prosecutor in view of the unusual factors noticed in this case,
to accord such liberties to the complainants party, would be
appropriate.
Jethalal Sanghvi under Sections 406, 420, 504, 506(1) and 114 IPC
against 4 persons named therein and consequential BAILable warrants
issued against the said persons by the said court -- the complaint in
question is a product of fraud and a total abuse of the process of court.
There is also serious doubt whether the procedure required under the
Code of Criminal Procedure was really followed by the Magistrate at all
while taking cognizance of the offence alleged -- a fraudulent act even
in judicial proceedings cannot be allowed to stand -- the complaint filed
before the Court of Metropolitan Magistrate, Court No. 10 at
Ahmedabad in Criminal Case No. 118 of 2004 dated 15.1.2004 is ex
facie an act of fraud by a fictitious person, and an abuse of the process
court, every and any action taken pursuant to the said complaint gets
vitiated -- the complaint registered before the Metropolitan Magistrate,
Court No. 10 at Ahmedabad in Criminal Case No. 118 of 2004 dated
15.1.2004 and all actions taken thereon including the issuance of
BAILable warrants is liable to be declared ab initio void, hence, liable to
be set aside.
to surrender his BAIL bonds within 3 weeks failing which the Special
Judge will take appropriate steps to arrest him to undergo remaining
period of sentence.
Subject Index: Indian Penal Code, 1860 -- Sections 143, 147, 148,
341, 302, 324 -- conviction -- acquittal by High Court -- appeal against
acquittal -- there is no two opinion that the High Court has full power to
re-appreciate the evidence and come to a conclusion independently but
the conclusion which is arrived at by the High Court should be rational
and proper appreciation of the testimony of the witnesses. In the
present case, the High Court has not examined the statement of the
witnesses and just on a bald statement that when the prosecution
version has been accepted in full and the witnesses have tendency to
over implicate, then what is the guarantee that other part is also true -Division Bench has disbelieved the entire prosecution evidence. This
approach of the High Court is not correct. There should be proper
appreciation of evidence and finding has to be recorded against each
witness as to why the said witness is not being believed when he was
believed by the trial court -- The accused persons who are on BAIL,
their BAIL bonds are cancelled and they shall surrender before the trial
court to serve out the remaining sentence within one month.
under section 81(1) read with section 86 of the Act by reason of it being
barred by limitation? -- whether the returned candidates proved that
the election petitions were liable to be rejected in limine under section
86 of the Act by reason of its non-compliance of sections 81(3), 83(1)
(a)(c) and 83(2) of the Act? -- whether the respondent No.1 proved
that the election petition was liable to be rejected under Order VII Rule
11 of the Code of Civil Procedure read with section 86 of the Act by
reason of non-disclosure of any cause of action? -- under section 116A
of the Act the Supreme Court is conferred with power not only to decide
an appeal filed under this section on a question of law but it would also
be open to the Supreme Court to decide the appeal on facts as well -in any event, there has been substantial compliance of the
requirements of law -- the Appeals should be allowed and the matter be
remitted to the High Court for determining the dispute on merits.
imprisonment for not less than 2 years was disqualified from filing
nomination and contesting the election on the dates of nomination and
election; -- What is the meaning to be assigned to the expression - 'A
person convicted of any offence and sentenced to imprisonment for not
less than 2 years" as employed in sub-section (3) of Section 8 of the
Representation of the People Act, 1951? Is it necessary that the term of
imprisonment for not less than 2 years must be in respect of one single
offence to attract the disqualification? -- What is the purport of subsection (4) of Section 8 of RPA? Whether the protection against
disqualification conferred by sub-section (4) on a member of a House
would continue to apply through the candidate had ceased to be a
member of Parliament or Legislature of a State on the date of
nomination or election? -- an appellate judgment of a date subsequent
to the date of nomination or election (as the case may be) and having a
bearing on conviction of a candidate or sentence of imprisonment
passed on him would not have the effect of wiping out disqualification
from a back date if a person consequent upon his conviction for any
offence and sentenced to imprisonment for not less than two years was
actually and as a fact disqualified from filing nomination and contesting
the election on the date of nomination or election (as the case may be)
-- What is the meaning to be assigned to the expression 'sentence to
imprisonment for not less than 2 years' as occurring in Sec. 8(3) of the
RPA? -- the judgment of the High Court dated 5.10.2001 is set aside.
The election petition filed by the appellant is allowed. The election of
the respondent P. Jayarajan from No.14 Kuthuparamba Assembly
Constituency to the Kerala State Legislative Assembly, which was
declared on 13.5.2001, is set aside. The respondent No.1 shall bear the
costs of the appellant throughout -- The election petition filed by the
appellant shall stand allowed. The election of the respondent Nafe Singh
from 37-Bahadurgarh Assembly Constituency is declared void as he was
disqualified from being a candidate under Section 8(3) of the
Representation of the People Act, 1951.
in this Appeal.
Name of the Judge: Honble Mr. Justice Arijit Pasayat and Hon'ble Mr.
Justice Arun Kumar.
Subject Index: Criminal Procedure Code, 1973 -- Section 439 -- BAIL
-- granted by High Court by non-speaking and non-reasoned order -accused charged for offence of murder -- factors to be considered by
Court before granting BAIL enumerated -- High Court's order showed
complete non-application of mind- BAIL cancelled -- appeal allowed.
2005)
T.V. Saravanan @ S.A.R. Prasana Venkatachaariar Chaturvedi Vs.
State through Secretary and another, decided on 2/16/2006.
Name of the Judge: Hon'ble Mr. Justice B.P. Singh and Hon'ble Mr.
Justice Altamas Kabir.
Subject Index: Tamil Nadu Prevention of Dangerous Activities of
Bootleggers, Drugs Offenders, Forest Offenders, Goondas, Immoral
Traffic Offenders and Slum Grabbers and Video Pirates Act, 1982 -Section 3(1) -- preventive detention -- appellant already in custody on
date of passing of order of detention -- previous BAIL applications
rejected -- no material to show that there was imminent possibility of
BAIL being granted -- no sufficient reasons to sustain order of detention
-- appeal allowed.
Name of the Judge: Hon'ble Mr. Justice Arijit Pasayat and Hon'ble Mr.
Justice C.K. Thakker.
Subject Index: Detention order -- questioned by the mother of the
appellant by filing a Habeas Corpus Petition before the Madras High
Court -- dismissed by the impugned judgment -- the detenu himself
made a confession and that was the main factor on which the order of
detention was founded -- the detenu was not arrested on the basis of
the co-accused's statement. On the contrary it has been clearly stated
in the ground of detention the detenu was arrested on suspicion -- High
Court was justified in coming to the conclusion that though reference
was made to co-accused's statement that was not relied upon for the
purpose of detention -- the conclusion that the detenu may be released
on BAIL cannot be ipsi-dixit of the detaining authority -- the High Court
was justified in rejecting the stand of the appellant.
SCC 294) has already noted -- this is a fit case for grant of BAIL to the
appellant.
the 1985 Act would prima facie has no application in view of the
exception contained in Section 8 thereof read with the Rules -- a person
cannot be denied the right of being released on BAIL unless a clear case
of application of the 1985 Act is made out. He might have committed an
offence which repulses out morality. He may ultimately be found guilty
even for commission of an offence under the 1985 Act, but in a case of
this nature when prima facie the provisions of the said Act are not
found applicable particularly in view of the fact that he has been in
custody for a period of more than two years now, in our opinion, it is
not a fit case where we should exercise our discretionary jurisdiction
under Article 136 of the Constitution of India.
2006)
Gokul Bhagaji Patil Appellant Vs. State of Maharashtra and
another Respondents, decided on 12/8/2006.
Name of the Judge: Hon'ble Mr. Justice K.G. Balakrishnan and Hon'ble
Mr. Justice D.K. Jain.
Subject Index: Maharashtra Control of Organised Crime Act, 1999 -application for grant of BAIL rejected by Special Judge -- affirmed by
High Court -- appeal by special leave -- appellant a former Police
Commissioner and his Sub-Inspector Kakade (since dead), incharge of
the case, neither sealed the said premises nor seized the machines;
they ensured that Abdul Karim Ladsab Telgi, the Kingpin of the
Organised Crime Syndicate and the prime accused was not arrested and
remained at large -- the appellant has been in judicial custody for over
three years, the maximum period of sentence contemplated under
Section 24 of MCOCA, the appellant deserves to be released on BAIL.
are not likely to commit an offence under MCOCA while on BAIL -- fit
case for grant of BAIL to both the appellants.
Name of the Judge: Hon'ble Mr. Justice B.P. Singh & Hon'ble Mr.
Justice H.S. Bedi.
Subject Index: Bail -- granting of High Court felt persuaded to grant
BAIL -- went on to record a very detailed reasoned order holding that
prosecution has no merit -- in any event such observations are bound
to influence its mind -- the trend recently noticed, to virtually write a
judgment while disposing of an application for grant of BAIL must be
discouraged.
terms of Section 302 read with Section 149 IPC, and other sentences in
respect of Sections 148, 201 and Section 3(2) and 5 of the SCST Act.
However, they were acquitted of the charges relatable to Sections 25 of
the Arms Act and Section 120 B IPC the order directing suspension of
sentence and grant of BAIL is clearly unsustainable and is set aside.
2004)
Abdulvahab Abdul Majid Shaikh and Ors. Appellants Vs. State of
Gujarat Respondent, decided on 4/24/2007.
Name of the Judge: Hon'ble Mr. Justice K. G. Balakrishnan and
Hon'ble Mr. Justice G. P. Mathur.
Subject Index: Indian Penal Code, 1860 Tada Act, Indian Passport
Act, Motor Vehicles Act and Bombay Police Act 11 accused charged
under The Designated Judge, though accepted the evidence of
recovery of the money from the two accused, held that the prosecution
could not prove their identity and hence no importance was attached to
the recovery effected by the police The short question that arises for
consideration is whether the confession given by A-9 Musakhan @
Babakhan could be relied upon the conviction of these three
appellants for the offences punishable under Sections 120-B, 342, 365,
384 read with Section 120-B of the IPC is only to be confirmed. Criminal
Appeal No. 525 of 2004 would accordingly stand dismissed and the
appellants would surrender to their BAIL bonds the acquittal of A-6
and A-7 was correct. The appeal is without any merit and is dismissed
accordingly there is no evidence to show that these accused were in
possession of any arms or ammunition during the commission of the
crime, for which they have been charged. The accused have been
rightly acquitted. Criminal Appeal Nos. 1316-17/2004 are without any
merits and dismissed accordingly.
Code, 1860 and not Section 302 IPC the High Court has not indicated
as to what is the relevance of grant of BAIL to co-accused ignoring that
the respondent No.2 was the alleged assailant who fired the gun and
killed the deceased. Strangely the conclusions, that there was no
motive or there was a sudden quarrel appear to have been arrived at
without any discussion and/or without reference to any particular
material. The impugned order is unsustainable and is set aside. The
matter is remitted to the High Court to consider the BAIL application
afresh keeping in view the principles of law.
offences punishable under section 120B, 255 to 258, 260 and 420 IPC
read with section 63B of Karnataka Stamp Act 1957 against the said
A.K. Telgi and others. In pursuance of the directions issued by this
Court on 15.3.2004, CBI took up further investigation in the matter
the appellant herein who was working as the Senior Superintendent of
Central Prison, Bangalore, and one Nanjappa (working as Asst.
Superintendent of Central Prison, Bangalore) were impleaded as
accused Nos. 32 and 33 under supplementary charge-sheet filed in
Crime No. 1100/2002 alleging that they had committed offences
punishable under sections 7, 12, 13(1)(d) read with section 13(2) of
Prevention of Corruption Act, 1988 and sections 3, 4 and 25 of
Karnataka Control of Organized Crimes Act, 2000 while challenging
the said order, the appellant contends that he was neither a member of
the Telgi's crime syndicate nor had he helped A. K. Telgi and his
associates in any manner to carry on their illegal activities in Jail the
appellant has already been in Jail for about three years and nine
months direct the Special Judge [35th Addl. City Civil and Sessions
Judge], Bangalore, to enlarge the appellant on BAIL.
fracture on the arm, which was not the vital part of the body the
accused, could not be said to have committed any offence under
Section 308 IPC. The same would fall under Sections 323 and 325
thereof while imposing punishment in a case of this nature, the court
is required to take into consideration the factors which may weigh with
the court for taking a lenient view in the matter. The incident is of 1984.
23 years have elapsed. Appellants had all along remained on BAIL. It is
not stated that they had ever misused the privilege of BAIL it may
not be proper for this Court to send the accused persons back to prison
while their substantive sentence may be reduced to the period
undergone, they should pay a fine of Rs. 15,000/- (Rupees fifteen
thousand) each; failing which they should undergo simple imprisonment
for a period of one year each.
Magistrate and had been released without being taken into formal
custody, could amount to arrest for the purpose of the query in Column
13A what constitutes arrest and custody in relation to a criminal
proceeding and the decision in respect thereof may have a bearing on
the fate of the respondent in this appeal and that of the appellants in
the other appeal in relation to their recruitment as Constable-Drivers in
the Haryana Police.
Subject Index: Indian Penal Code, 1860 sections 302, 307, 143,
147, 148, 149, 341, 120B, 201 IPC and sections, 25(1) A, (1-a) 27 of
the Arms Act and Section 135 of the Bombay Police Act 2 cases
registered under granting of BAIL cancellation the High Court
has completely ignored the general principles, for grant of BAIL in a
heinous crime of commission of murder in which the sentence, if
convicted, is death or life imprisonment in the second case, another
learned Judge has granted the BAIL by the impugned order which runs
into 22 pages. The findings recorded therein touch upon the merits of
the case. The learned Judge has proceeded as if an order of acquittal is
being passed it was not a fit case to grant BAIL to the respondents in
this case as well trial Court is directed to take up the trial on day to
day basis and, if possible, conclude the same within the next six months
from the date of production of a certified copy of this judgment. The
prosecution as well as defence counsel is directed to cooperate in
conducting the trial on day to day basis.
under section 30(1) read with section 25 of the said Act. The said order
of the High Court was challenged by the appellant in this appeal the
appeal was heard by a Bench consisting of H.K.Sema and Markandey
Katju, JJ. By the main judgment dated 29.1.2008 Sema, J. dismissed
the appeal, making it clear that the court was not expressing any
opinion on the merits of the case and the learned Magistrate shall
decide the maintainability of the complaint at the time of framing of the
charge uninfluenced by any observations made in his concurring
judgment, Katju, J. agreed that the appeal should be dismissed without
expressing any opinion on merits. He stated that he was rendering a
separate opinion as he was not in agreement with the view expressed
by Sema, J. that the power under section 482 of Cr.P.C. should be used
only in the "rarest of rare cases", though he agreed with the
observation that the said power should be used sparingly. He was of the
view that the words 'rarest of rare cases' are used only with reference
to the death penalty for an offence under section 302 IPC however in
paras 17 to 39 of his judgment, the learned Judge expressed concern
over the situation prevailing in Uttar Pradesh on account of omission of
section 438 Cr.P.C. relating to anticipatory BAIL by an amendment to
the Code by section 9 of U.P.Act 16 of 1976 when the words 'rarest of
rare cases' are used after the words 'sparingly and with circumspection'
while describing the scope of section 482, those words merely
emphasize and reiterate what is intended to be conveyed by the words
'sparingly and with circumspection'. They mean that the power under
section 482 to quash proceedings should not be used mechanically or
routinely, but with care and caution, only when a clear case for
quashing is made out and failure to interfere would lead to a
miscarriage of justice this Court has repeatedly cautioned that while
rendering judgments, courts should only deal with the subject matter of
the case and issues involved therein. Courts should desist from issuing
directions affecting executive or legislative policy, or general directions
unconnected with the subject matter of the case in so far as the
observations, recommendations, and directions in paras 17 to 39 of the
concurring judgment, suffice it to say that they do not relate to the
subject matter of the criminal appeal and being the expression of an
expectation or hope by only one of the learned Judges constituting the
Bench and not agreed to by the other, is not a decision, order or
direction of the Court.
trial is being continued and most of the witnesses must have been
examined by this time. If the trial is not already over, the Sessions
Judge, Rai Bareli is directed to complete the same within a period of
three months and, if for any reason, except the non-cooperation of the
accused, the trial is delayed beyond three months, the appellant would
be at liberty to move the Sessions Court for BAIL and, without being
influenced by the observations made by the High Court in the impugned
order, the same would be considered by the Sessions Judge on merits
and appropriate order shall be passed.
filed by the 3rd respondent on 24th April, 1998 the husband of the
appellant was declared an absconder and a public proclamation was
issued in terms of Section 82(2) of the Code of Criminal Procedure
attaching her properties if she did not present before the Learned
Magistrate within 30 days from the issuance of the said publication
on their failure to remain present within a period of 30 days their
properties were subjected to order of attachment under Section 85 of
the Code of Criminal Procedure. By an order dated 5th January, 2004
the District Magistrate was asked by the Leaned Metropolitan Magistrate
to take further action in terms of Section 85 of the Code of Criminal
Procedure by holding a public auction of the said properties. In the said
order it was wrongly sated that the properties belonged to the
appellants and husband of the 3rd respondent, whereas in fact
Appellant No.1 alone was the owner thereof appellant and her
husband returned to India. They filed an application for cancellation of
the said Standing Warrants Sonalben Rameshchandra Desai is an
Advocate. She filed a large number of cases against her husband and
in-laws. She initially filed a Complaint Petition before the Metropolitan
Magistrate, Ahmedabad, under Section 498A of the Indian Penal Code
which was registered as Case No.1662 of 1996. It was transferred to
the Court of Chief Judicial Magistrate, Baroda. It has since been
dismissed for default. She initiated another criminal proceeding against
the appellants and their family members under Sections 323, 452, 427,
504, 506 and 114 of the Indian Penal Code, the same proceeding has
also been dismissed as withdrawn. Another criminal case was initiated
by her against appellant No.2, his son and another, being Case No.47 of
1996 under Section 406, 420, 468 and 114 of the Indian Penal Code,
which is still pending. Another case, being No.2338 of 2006 was filed by
her under Section 500 of the Indian Penal Code. Another case under
Section 406 of the Indian Penal Code being Case No.2145 of 1993 was
filed against the appellants gross injustice has been caused to the
appellant. She did not deserve such harsh treatments at the hands of
the High Court. Respondent No.3 speaks of her own human rights,
forgetting the human rights of the appellant, far less the funadamental
right of life and liberty conferred on an accused in terms of Article 21 of
the Constitution of India the right of property is no longer a
fundamental right. But still it is a constitutional right. Apart from
constitutional right it is also a human right. The procedures laid down
for deprivation thereof must be scrupulously complied with the
interest of justice shall be subserved if the impugned judgments are set
aside.
vulnerable. The order of the High Court does not suffer from any
infirmity to warrant interference. The appeal is dismissed.
appellant for the grant of pre-arrest BAIL filed under Section 438 of the
Code of Criminal Procedure the appellant works as a Radio Jockey at
New Delhi with the Radio Channel `Red FM 93.5', a channel owned by
Digital Radio (Delhi) Broadcasting Limited. During the course of regular
morning show called "Morning No.1" that was broadcasted only in
New Delhi from 7-11 a.m., on 24.09.2007, the appellant discussed one
Mr. Prashant Tamang's victory in the Tele-Series called "Indian Idol"
telecasted on Sony Entertainment Television channel on 25.09.1997,
it came to the appellant's knowledge through media reports that
sentiments of a certain section of the public in West Bengal were
purportedly hurt given to misinterpretation of the above-said discussion
on the said show in the backdrop of the facts and circumstances
narrated it is a fit case where the appellant is entitled for the grant of
anticipatory BAIL the appellant can be interrogated by the
Investigating Officer without taking him in custody.
are dismissed the accused persons who are on BAIL, shall surrender
to custody forthwith to serve remainder of their sentence.
aside. The respondent No.2 who was released on BAIL shall surrender
to custody forthwith.
on 2/9/2009.
Name of the Judge: Hon'ble Dr. Justice Arijit Pasayat and Hon'ble Mr.
Justice Asok Kumar Ganguly.
Subject Index: Criminal Procedure Code, 1973 section 389
application for suspension of sentence under rejected by the DB of
Calcutta High Court challenged in this appeal four persons who are
the appellants in Criminal Appeal No.168 of 2008 were convicted by
learned Additional District and Sessions Judge, Fast Track, Second
Court, Contai, Purba Medinipur for offences punishable under Sections
342, 302 and 201 read with Section 34 of the Indian Penal Code, 1860
law was set into motion on 9.7.1994 by one Shamburam Maity,
alleging that 17 accused persons and many unknown persons on
8.7.1994 at about 11.00 p.m. in furtherance of their common intention
had murdered the complainant's brother Shibram Maity and had
concealed the dead body in the house of one Sasanka Maity. The police
undertook investigation and after completion of investigation charge
sheet was filed against 19 persons. Charge was framed on 5.11.2005
and the accused persons faced trial as they pleaded innocence
charges were framed against 16 persons as two of the accused persons
had expired before the commencement of the trial. The trial Court on
consideration of the evidence came to hold that appellants before the
High Court were guilty as afore-noted the appellate Court is duty
bound to objectively assess the matter and to record reasons for the
conclusion that the case warrants suspension of execution of sentence
and grant of BAIL the mere fact that during the trial, they were
granted BAIL and there was no allegation of misuse of liberty, is really
not of much significance on the peculiar facts of the case considering
the age of the accused appellant Anil Ari, this Court directs that he shall
be released on BAIL on furnishing security.
March 2008 directing the establishment of the SIT, and for a further
investigation into these matters all the directions are to be
considered by SIT by looking into the threat perception if any the SIT
would continue to function and carry out any investigations that are yet
to be completed, or any further investigation that may arise in the
course of the trials. The SIT would also discharge such functions as
have been cast upon them by the present order.
471 465 and 477A read with section 120(b) as also Prevention of
Corruption Act section 13(2) 13(1)(c)(d) conviction under appeal
the appellant has already undergone nearly two years of his sentence
and also there is no possibility of early hearing of the appeal in the High
Court, therefore it is requested that the appellant may be released on
BAIL the applicant/appellant should be released on BAIL.
Name of the Judge: Hon'ble Mr. Justice S.B. Sinha and Hon'ble Mr.
Justice Cyriac Joseph.
Subject Index: Code of Criminal Procedure, 1963 Section 438
conditions for granting anticipatory BAIL appellants lodged FIR
against the firm for committed misappropriation of a huge amount and
also created several forged and fraudulent credits respondents filed
an application for grant of anticipatory BAIL held High Court ought to
have considered the effect thereof, namely, the interim order has
thereby been made a final order which is impermissible in law an
interim order always passed subject to the final order impugned
order set aside matter remitted back to the High Court for
consideration of the appellant's application for cancellation of interim
BAIL as also the respondent's application for grant of anticipatory BAIL
appeal allowed.
2002)
State of U.P. Appellant Vs. Ram Sajivan and others Respondents,
decided on 12/4/2009.
Name of the Judge: Hon'ble Mr. Justice Dalveer Bhandari and Hon'ble
Mr. Justice A.K. Patnaik.
Subject Index: Indian Penal Code, 1860 Sections 149, 201, 302,
364 accused/appellants committed dacoities in the Harijan locality,
tied the deceased persons with rope and were taken to the bank of the
river Ganges, pushed in the boats, brutally murdered all of them and
thrown in the river Ganges PW-14/victim jumped into the stream and
saved his life trial Court convicted all the 18 accused and sentenced
them to life imprisonment High Court acquitted all the accused
without analyzing the entire evidences delay in giving statement by
PW-14 fully explained evidence of PW-14 and PW-27, head constable
concluded that the accused were squarely responsible for committing
such a ghastly crime 6 accused named by PW-14 in corroboration
from the testimony of PW-27, thus, no iota of doubt regarding their
participation in crime held the trial Court's view, the only possible
view in the facts of the case acquittal of 6 accused set aside and their
conviction recorded by the trial Court restored, while benefit of doubt
given to other 12 accused appeal partly allowed.
respondent No. 4 granted the High Court, however, did not cancel
the BAIL granted to respondent No. 3 but made a consequential order
that depositors who had made deposits of less than Rs. 10,000/- should
have their deposits released as and when funds were received by the
respondent No.3 - cooperative bank appeal this court opined that
the consequences of the directions of the High Court are in way beyond
the scope of an application for BAIL filed by an accused under Section
439 of the Cr.P.C., thus, it is not open to the High Court to pass orders
which could affect the working of Banks all over the country.
impugned order set aside appeal allowed.
and the matter is remitted to the High Court for its fresh consideration
in accordance with law appeal allowed.
in one case but in other trial as well analysis of the materials showed
several lacuna on the part of the investigation by the State Government
in light of the involvement of the police officials of State of Gujarat,
Andhra Pradesh and Rajasthan, the Supreme Court directed the Police
Authorities of the Gujarat State to handover all the records of the case
to the CBI for further investigation relating to the killing of Tulsiram
Prajapati writ petition allowed.
by Respondent No. 2 for cancellation of BAIL and stay of BAIL order was
made at the instance of the Commissioner of Police the author of the
affidavit, Respondent No. 2 specifically denied the allegation that the
application for cancellation of BAIL was moved under the direction,
supervision and knowledge of the appellant the Supreme Court held
that in the absence of specific reference about consultation with the
Commissioner of Police or direction to the two officers, Assistant
Commissioner of Police and Deputy Commissioner of Police merely
because both of them attended the office of the Public Prosecutor for
preparation of an application for cancellation of BAIL based on the
affidavit of the Inspector of Police, it cannot be presumed and
concluded that the appellant was responsible for giving incorrect
information by Respondent No. 2 before the High Court impugned
order of the High Court qua the appellant set aside appeal allowed.
Name of the Judge: Hon'ble Mr. Justice P. Sathasivam and Hon'ble Mr.
Justice H.L. Gokhale.
Subject Index: Indian Penal Code, 1860 sections 302/34
conviction and sentence for commission of the offences under the
trial Court acquitted ten accused persons and convicted A-5 and A-11
for the offences. However, the High Court confirmed the conviction of A5 and A-11 and set aside the acquittal of 4 persons and convicted them
u/sec. 302/34 IPC hence, the appeals three eye-witnesses
including PW-6 (approver) identified 6 offenders including 2 convictsappellants the trial Court was of the view that the evidence of an
approver contains full and correct version of the incident so far as
participation of the accused (A-5) and (A-11), however, there is no
plausible reason by the trial Court as to why the other part of the
statement of the approver could not be believed the materials placed
by the prosecution, particularly, from the eye-witnesses, the common
intention can be inferred among the accused persons including the six
persons identified by the eye-witnesses, thus, the High Court is right in
applying Section 34 IPC and basing conviction of six accused persons
including the two convicted appellants the Supreme Court found no
inconsistency between the contents of the post-mortem examination
report and the ocular evidence of the approver (PW-6) conviction
orders confirmed appeals dismissed.
22(1) and 22(2) of the Constitution of India and also on the ground of
non-filing of charge sheet within 90 days as contemplated by Section
167(2) of the CrPC rejected by the High Court hence, the appeal
the material facts clearly showed that there was no arrest of the
appellant on October 10, 2008. The appellant was called for
interrogation which is not equivalent to her arrest and detention. All
throughout between October 10, 2008 and prior to her arrest on
October 23, 2008 her disciple, Bhim Bhai Pasricha was with her the
Supreme Court found that when the appellant was produced before the
Chief Judicial Magistrate, Nasik on October 24, 2008, there was no
allegation of any ill treatment by the Police. Moreover the charge sheet
was filed before the expiry of 90 days from the date of first remand
the appellant has not claimed BAIL on merits no violation of Article
22(2) of the Constitution, because on being arrested on October 23,
2008, the appellant was produced before the Chief Judicial Magistrate,
Nasik on October 24, 2008 and subsequent detention in custody is
pursuant to order of remand by the Court, which orders are not being
challenged appeal dismissed.
2011, Criminal Appeal No. 2180 of 2011, Criminal Appeal No. 2181 of
2011, Criminal Appeal No. 2182 of 2011)
Sanjay Chandra Appellant with Gautam Doshi Appellant with
Hari Nair Appellant withSurendra Pipara Appellant Vs. CBI
Respondent, decided on 11/23/2011.
Name of the Judge: Hon'ble Mr. Justice G. S. Singhvi and Hon'ble Mr.
Justice H. L. Dattu.
Subject Index: Indian Penal Code, 1860 sections 420-B, 468, 471,
109 Prevention of Corruption Act, 1988 section 13(2) r/w section
13(i)(d) the appellants facing trial in respect of the offences under
BAIL applications filed rejection of in challenge refusal of BAIL is
a restriction on the personal liberty of the individual guaranteed under
Article 21 of the Constitution the Supreme Court held that though the
offence alleged against the appellants is a serious one in terms of
alleged huge loss to the State exchequer, that, by itself not deter from
enlarging the appellants on BAIL when there is no serious contention of
the respondent that the accused, if released on BAIL, would interfere
with the trial or tamper with evidence no reason to detain the
accused in custody, that too, after the completion of the investigation
and filing of the charge-sheet the appellants are directed to release
on BAIL pending trial on stringent conditions appeals disposed.
knew that one result would very likely be that people who were asleep
on the pavement may be hit, should the vehicle go out of control the
essential ingredients of sections 304 Part - II, 338 and 337 were
successfully established by the prosecution againt the appellant
appeals dismissed.
caste/scheduled tribe the orders passed by the High Court and the
Scrutiny Committee are set aside and the case remitted to the Scrutiny
Committee for decision afresh appeal allowed.
spontaneously and further did not record any reason as how the prerequisite conditions incorporated in the statutory provision itself stood
fulfilled the order dehors the grounds provided in Section 438 Cr.P.C.
itself suffers from non-application of mind impugned order passed by
the High Court set aside and the anticipatory BAIL granted to the
respondents is cancelled appeals disposed.
and her husband for the offence of murder of their daughter and their
domestic servant in challenge once the order of the Magistrate
taking cognizance and issuing process against the petitioner and her
husband was sustained, there is no scope for granting the relief of
further investigation for the purpose of finding out whether someone
other than the petitioner and her husband had committed the offences
in respect of the deceased persons review petition dismissed.-- (A.K.
Patnaik, J.) B) Criminal Procedure Code, 1973 sections 190, 204
order taking cognizance and/or issuing process against the petitioner
and her husband in challenge the Magistrate having examined the
statements recorded during the course of investigation under Sections
161 and 164 of the Code of Criminal Procedure, as also, the documents
and other materials collected during the process of investigation, was
fully justified in recording the basis on which, having taken cognizance,
it was decided to issue process. The Magistrates order being speaking,
cannot be stated to have occasioned failure of justice the Supreme
Court held that it is not essential for the concerned Magistrate to record
reasons or to pass a speaking order demonstrating the basis of the
satisfaction, leading to issuance of process. Despite the same, the
Magistrate while issuing process had passed a detailed reasoned order.
The order brings out the basis of the Magistrates satisfaction review
petition dismissed. -- (J.S. Khehar, J.)
2012 SCCL.COM 487(Case/Appeal No: Criminal Appeal No(s).15951596 of 2012 With Crl. M.P. Nos. 18203-18204 of 2012 in Criminal
Appeal Nos.1597-1598 of 2012 With Crl. M.P. No. 19162 of 2012 in
Criminal Appeal No.1599 of 2012 With Crl.M.P. No. 19175 of 2012 in
Criminal Appeal No.1600 of 2012)
Younus Bin Omer Yafai @ Younus Bhai & others Appellants Vs.
State of A.P. Respondent, decided on 10/5/2012.
Name of the Judge: Hon'ble Dr. Justice B.S. Chauhan and Hon'ble Mr.
Justice Jagdish Singh Khehar.
Subject Index: Indian Penal Code, 1860 sections 147, 148, 324,
307 r/w sections 149 and 120 Indian Arms Act section 27(1)
FIR registered against 15 accused persons the order of the High
Court granting BAIL to accused in challenge the allegation as
appeared in the chargesheet showed that in broad day light an elected
representative of the people, was attacked, without any fear of the
repercussions which resulted in serious injuries to him the accused
nos.1 to 6 and 11 are the main accused and the video clipping recorded
by the listed witness no.22 noticed the presence and participation of
accused nos.2,3,4,5,7 and 14. Therefore, prima facie, the participation
of these accused in the occurrence cannot be seriously doubted, unless
of course, during the course of evidence, the video clipping is shown to
the doctored the order of the High Court extending the benefit of
BAIL to accused nos.2,3,5,7 and 14 set aside. Also, the main accused
nos.1,6 and 11 disentitled to the benefit of BAIL appeals disposed.
time the appellant shot him which snatched away the life of the
deceased PW-20 identified the appellant as one of the accused of the
crime recovery of articles from the possession of the appellant and
the co-accused, the presence of the appellant along with the co-accused
at the place of occurrence in the manner described by the witnesses,
namely, PWs.17, 19, 20, 23 and 25 was clinching enough to rope in the
appellant along with the co-accused in the commission of the crime as
alleged and found proved against both of them conviction order
upheld appeal dismissed.
4538 of 2013 and Contempt Petition (C) No. 166 of 2013 in S.L.P. (Crl.)
No. 9853 of 2010)
Chandran Ratnaswami Appellant Vs. K.C. Palanisamy and
others Respondents, decided on 5/9/2013.
Name of the Judge: Hon'ble Mr. Justice P. Sathasivam and Hon'ble Mr.
Justice M.Y. Eqbal.
Subject Index: Joint Venture Agreement breach of acts of
oppression and mismanagement indulged by respondent No.1
complaint filed for initiating criminal action against the appellants for
the breach of contract and conspiracy dispute arising out of Joint
Venture Agreement has been fully and finally settled by the Company
Law Board and also the High Court and several directions were issued
for compliance including the return of the amount by respondent No.1
to the appellant and to become the sole owner of those companies
the complainant has manipulated and misused the process of Court so
as to deprive the appellants from their basic right to move free
anywhere inside or outside the country. Hence, allowing the criminal
proceedings arising out of alleged breach of a Joint Venture Agreement
specially when such disputes have been finally resolved by the Court of
competent jurisdiction to continue would be an abuse of the process of
the Court criminal proceedings quashed.
Name of the Judge: Hon'ble Mr. Justice T.S. Thakur and Hon'ble Mr.
Justice Madan B. Lokur .
Subject Index: Juvenile Justice (Care and Protection) Act, 2000
appellant convicted under section 304-B, 498-A Indian Penal Code,
1860 on the date of occurrence, he was above 16 years of age,
therefore not a juvenile under the 1986 Act with the repeal of the
aforesaid Act by the 2000 Act, which raised the age of juvenility to 18
years, the case of appellant fell within sec 20 of the 2000 Act, which
provides that if the court finds that the juvenile has committed an
offence, it shall record such finding and instead of passing any sentence
in respect of the juvenile, forward the juvenile to the Board which shall
pass orders in respect of that juvenile, in accordance with the
provisions of this Act, as if it had been satisfied on inquiry, under this
Act that a juvenile has committed the offence therefore Court upon
finding the juvenile guilty would not pass an order of sentence against
him, instead he shall be referred to the Board for appropriate orders
under the 2000 Act accordingly, the matter is remanded to the
jurisdictional Juvenile Justice Board constituted under the Juvenile
Justice (Care and Protection of Children) Act, 2000.
2013 SCCL.COM 496(Case/Appeal No: Crl. M.P. Nos. 17570 & 17571
of 2013 in Special Leave Petition (Criminal) Nos. 7375 & 9788 of 2012)
State of Andhra Pradesh through I.G. National Investigation
Agency Petitioner and Sadhwi Pragya Singh Thakur Applicant
Vs. Md. Hussain @ Saleem Respondent and National
Investigation Agency Respondent , decided on 9/13/2013.
Name of the Judge: Hon'ble Mr. Justice H.L. Gokhale and Hon'ble Mr.
Justice J. Chelameswar .
Subject Index: National Investigation Agency Act, 2008 sections 21
was pronounced dead. Alleging that the whole investigation which was
initially held by the State police and thereafter by the CID and later by
the CBI, was faulty in every respect by issuing appropriate directions
in this writ petition and by monitoring the same the grievances
expressed by the petitioner can be duly redressed and the interest of
the public at large can be duly safeguarded directions issued.
rejected appeal before the High Court the High Court by the
impugned order after taking note of the submissions made by both the
sides and considering the injury report as well as other factual matrix
and without expressing any opinion on the merits of the case, released
Respondent No. 1 (herein) on BAIL the said order is under challenge
by the complainant in the present appeal inasmuch as throwing acid
on the complainant is a serious one though no injury on her, but spit on
her T-shirt and it got burnt and taking note of his conduct after the
impugned order of the High Court dated 16.01.2014, Court is satisfied
that the accused is not entitled to continue the benefit of BAIL order
for early trial.
agreement with the High Court that the BAIL order passed by the trial
court in Andhra Pradesh is not a crucial and vital document and the
omission by the detaining authority to consider the same has, in no way
affected its subjective satisfaction Supreme Court does not find any
error in the order of detention and the order passed by the High Court,
refusing to quash the same.
impugned order.
2014 SCCL.COM 296(Case/Appeal No: Criminal Appeal No.11301132 of 2014 (arising out of S.L.P. (Crl.) No. 4134-4136 of 2011))
Narayanbhai Mangaldas Patel & etc. Appellants Vs. Union of
India & another etc. Respondents, decided on 6/7/2014.
Name of the Judge: Hon'ble Justice Mr. Sudhansu Jyoti Mukhopadhaya
and Hon'ble Justice Mr. Ranjan Gogoi.
Subject Index: NDPS Rules schedule Diazepam possession of
appeals by accused by the impugned order at the instance of
respondent Union of India the High Court cancelled the BAIL granted to
the appellants in the N.D.P.S Special Case Diazepam covered under
Schedule I to the NDPS Rules could not be possessed by any person
and the possession of such substance could be regulated only by the
provisions of the N.D.P.S. Act BAIL granted cancelled the licence
for manufacture and sale (or for distribution) of drugs other than those
specified in Schedule C, C(1) & X manufactured by M/s Shree Sharda
Chemicals included Diazepam I.P/B.P/E.P/U.S.P the appellants shall
be enlarged on BAIL subject to their furnishing BAIL bond of
Rs.20,000/- (Rupees Twenty Thousand only) with two solvent sureties.
were recoverd, which were seized under the provisions of the N.D.P.S.
Act prayer for anticipatory BAIL has been rejected appellant has
preferred this appeal appellant referred to licence granted under
Form 28 of Drugs and Cosmetics Rule for manufacturing of any of the
drugs specified in Schedule-C and (i) excluding those specified in
Schedule 9 and 10 not included in the annexure and submitted that the
appellant has valid licence to manufacture Ketamine hydrochloride in
the event of arrest the appellant shall be enlarged on BAIL subject to
his furnishing BAIL bond of Rs.20,000/-.
Appeal No.2012 of 2006 before the High Court of Gujarat and during
the pendency of the appeal, the petitioners had been enlarged on BAIL
vide order dated 22.11.2006. The appeal was finally heard on
11.12.2013 and the court took a view that sanction of the State
Government under Section 197 of the Code of Criminal Procedure,
1973 was necessarily required, and in view thereof, the order was
dictated in open court allowing the appeal on technical issue the
order dictated in open court and acquitting the petitioners vide order
dated 11.12.2013 was recalled by the court suo moto vide order dated
27.12.2013 and directed the appeal to be re-heard a Judge's
responsibility is very heavy, particularly, in a case where a man's life
and liberty hang upon his decision nothing can be left to chance or
doubt or conjecture. Therefore, one cannot assume, that the Judge
would not have changed his mind before the judgment becomes final
no exception can be taken to the procedure adopted by the High
Court in the instant case.
80 (Section 80. Application of the Drugs and Cosmetics Act, 1940 not
barred the provisions of this Act or the rules made thereunder shall
be in addition to, and not in derogation of, the Drugs and Cosmetics
Act, 1940 (23 of 1940) or the rules made thereunder.) of the Act is not
really called for in the instant case. It is only required to be stated that
essentially the Drugs & Cosmetics Act, 1940 deals with various
operations of manufacture, sale, purchase etc. of drugs generally
whereas Narcotic Drugs and Psychotropic Substances Act, 1985 deals
with a more specific class of drugs and, therefore, a special law on the
subject further the provisions of the Act operate in addition to the
provisions of 1940 Act the fact that most of these matters are old
matters [pertaining to years 2006 to 2013], Court deems it appropriate
to remit all these matters to the concerned High Courts for passing of
appropriate orders in the light of this judgment.
High Court. The Criminal Appeal is accordingly dismissed and the BAIL
bonds of the accused-appellants stand cancelled. They shall surrender
forthwith to serve out the remaining period of the sentence, failing
which, the trial court is directed to take appropriate steps for sending
them to prison to undergo the remaining period of sentence.
2014 SCCL.COM 557(Case/Appeal No: Criminal Appeal Nos. 24462447 of 2014 (Arising out of SLP (Crl.) Nos. 3527-3528 of 2014))
Rakesh Baban Borhade Appellant Vs. State of Maharashtra &
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