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The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.
The officers on duty cannot be subjected to undue harassment in the hands of unscrupulous litigants, to prevent malicious prosecution provisions such as Section 168 of the Electricity Act, 2003, are put in place.
While granting benefit of doubt to accused, the Supreme Court stated that “Taking into consideration the delay in lodging the FIR, with the circumstance of their names not being mentioned in the contemporaneous documents, the possibility of the said accused being falsely implicated cannot be ruled out.”
by Karan Joseph† and Anish John††
Cite as: 2023 SCC OnLine Blog Exp 16
by Yogendra Kumar Srivastava† and Ankit Singh††
While quoting “Can the blind lead the blind? Will they not fall into a pit?”, the Madras High Court said that the first blind person in this case is the Sessions Judge, who was guiding the Magistrate, who was also blind, due to ignorance of the legal position and ultimately, both fell in a pit, leading to illegal and non est orders passed by the Magistrate.
by Pooja Rajawat† and Jayam Jha††
by Murali Karnam† and Trijeeb Nanda††
The accused had argued that the complainant and her family, out of ill will, had orchestrated the complaint and were extorting the petitioner for their own means and benefits. Rajasthan High Court, however, did not appreciate the fact that the previous complaints filed by the prosecutrix was closed on account of being frivolous and a closure report was also filed in the matter.
by Shruti Awasthi† and Arpit Singh††
Kerala High Court: In a conflict between the manner and forum for filing an application for bail when offences under
Allahabad High Court: In an anticipatory bail application filed by politician Srikant Tyagi for offences under Sections 366, 376 of
Allahabad High Court: In an anticipatory bail application filed by the applicants for offences under Sections 420, 467, 468, 471, 386, 120-B,
Allahabad High Court: In an appeal against the decision of the Trial Court whereby the accused/appellant has been convicted and sentenced to
Allahabad High Court: In a bail application filed by the applicant charged under Sections 376-A, 376-B, 354 of Penal Code, 1860 (IPC),
Madras High Court: In an appeal filed under Section 374(2) of Code of Criminal Procedure, 1973 (CrPC) r/w Section 36-B of Narcotic
Madras High Court: In a case related to a reference made by the Additional District and Sessions Judge under S.
Rajasthan High Court: Dinesh Mehta, J. allowed the petition and remarked that expeditious disposal of cases is necessary but equally necessary is
by Ankit Kaushik*