Anticipatory Bail - Abetment of Suicide. Bhausaheb v. State of
Maharashtra, (2018) 3 SCC 221 : 2018 (2) Scale 341 : 2018 (1) RCR (Criminal) 987
: 2018 (2) SCC (Cri) 24 Crl.A. No. 194 of 2018 30-01-2018
Anticipatory Bail - De-facto complainant has no objection if protection
under Section 438(2) Cr.P.C. is granted to the accused, in case he is permitted
to withdraw the amount deposited before the Court. Bikash Manna v. State of West
Bengal; (2018) 3 SCC 47 : 2018 (2) Scale 339 : 2018 (1) RCR (Crl.) 986 : 2018 (1)
SCC (Cri) 681 Crl.A. No. 195 of 2018 30-01-2018
Anticipatory Bail - Whether should be for a limited period of time
- Referred to Larger Bench. Sushila Aggarwal v. State (Nct of Delhi), 2018 (103)
AllCC 995 : 2018 (3) Bom.C.R.(Cri.) 240 : JT 2018 (5) SC 137 : 2018 (7) Scale 549
S.L.P. (Crl.) No. 7281 of 2017 15-05-2018
Arms Act, 1959 - Ss. 25(1)(A), 25(1AA) r/w. 35 - Recovery of six live cartridges
from a car - Conviction - Sustainability. Mohmed Rafiq Abdul Rahim Shaikh v.
State of Gujarat, AIR 2018 SC 4292 : 2018 (3) Crimes 520 : JT 2018 (9) SC 114 :
2018 (11) Scale 227 : 2018 (7) SLT 726 Crl.A. No. 1078 of 2008 13-09-2018
Arms Act, 1959 - Ss. 3 & 25(1AA) - Penal Code, 1860 - Ss. 399 r/w, 120B - Licence
for acquisition and possession of firearms and ammunition - Manufacture, sale, transfer
etc. of the prohibited arms - What is the offence for which the appellant is to
be convicted for the possession of the country made pistol loaded with live cartridges
and for possession of two other live cartridges. Held, Since the prosecution has
not adduced any evidence to substantiate the allegation of manufacture, the conviction
of the accused under Section 25(1AA) cannot be sustained - Possession of the country
made pistol without licence is punishable under Section 25(1B)(a) of the Arms Act
- Conviction of the accused under Section 25(1AA) of the Arms Act is modified to
Section 25(1B) (a) and the sentence of imprisonment is modified to the period already
undergone. Samir Ahmed Rafiqahmed Ansari v. State of Gujarat, 2018 (4) Crimes
98 : JT 2018 (10 ) SC 594 : 2018 (4) RCR (Criminal) 734 Crl.A. No. 992 of 2016 04-10-2018
Army Act, 1950 - S. 83 - Armed Forces Tribunal Act, 2007 - S.31 - ‘absenting himself
without leave’. Union of India v. Col Ran Singh Dudee, 2018 (8) Scale 421
C.A. No. 11009 of 2017 03-07-2018
Army Rules, 1954 - R.129 - Friend of accused - Summary Court Martial
- Assault on a superior officer - Use of abusive language against a Subedar who
had found the appellant to be not properly dressed for the parade - Assistance of
a civil advocate was denied - there was a clear violation of the principles of natural
justice. Jaswant Singh v. Union of India C.A. 6886 of 2014 10-12-2018
Bail - At the time of considering an application for bail, the Court must
take into account certain factors such as the existence of a prima facie case against
the accused, the gravity of the allegations, position and status of the accused,
the likelihood of the accused fleeing from justice and repeating the offence, the
possibility of tampering with the witnesses and obstructing the Courts as well as
the criminal antecedents of the accused. It is also well settled that the Court
must not go into deep into merits of the matter while considering an application
for bail. All that needs to be established from the record is the existence of a
prima facie case against the accused. State of Orissa v. Mahimananda Mishra,
JT 2018 (9) SC 186 : 2018 (4) Crimes 156 : 2018 (2) OLR 768 : 2018 (11) Scale 239
Crl.A. No. 1175 of 2018 18-09-2018
Bail - Cancellation of - Application for cancellation of the regular bail
granted by the Trial Court - High Court has issued non-bailable warrants of arrest
- No justification. Upendra Sharma v. State of Bihar, JT 2018 (1) SC 312 : 2018
(3) RCR (Criminal) 294 : 2018 (1) Scale 302 : (2018) 2 SCC 472 : 2018 (1) SCC (Cri)
739 Crl. A. No. 57 / 2018 10-01-2018
Bail - case involving embezzlement to the tune of Rs.2.78 Crores - stringent
conditions should be imposed. Bharat Stars Services Pvt Ltd. v. Harsh Dev Thakur,
Crl.A. No. 1089 of 2018 28-08-2018
Bail - High Court declined to grant bail - petitioner is not keeping well
- It is for the petitioner to approach the Sessions Judge who, in his judicial discretion,
is empowered to pass appropriate orders keeping in view the facts made out by the
petitioner in that behalf after hearing all parties concerned. The special leave
petition is dismissed. Dr. Ramesh Badlani v. State of M.P., 2018 (14) Scale 647
SLP (Crl.) No. 6568 of 2018 02-11-2018
Bail - Speaking order with reasons need to be given in brief while deciding
as to whether the undertrial is entitled to bail or not. Seema Singh v. Central
Bureau of Investigation, AIR 2018 SC 2161 : 2018 (3) Bom.C.R. (Cri.) 187 : 2018
(2) JKJ 66 : JT 2018 (4) SC 314 : 2018 (6) Scale 76 Crl.A. No. 569 of 2018 18-04-2018
Bail - The grant or refusal of bail is entirely within the discretion of
the judge hearing the matter and though that discretion is unfettered, it must be
exercised judiciously and in a humane manner and compassionately. Also, conditions
for the grant of bail ought not to be so strict as to be incapable of compliance,
thereby making the grant of bail illusory. Dataram Singh v. State of Uttar Pradesh,
2018 (1) ACR 741 : 2018 (4) ADJ 477 : AIR 2018 SC 980 : 2018 (3) ALJ 159 : 2018
CriLJ 2161 : 2018 (1) CTC 782 : 2018 (1) GLH 520 : 2018 (1) JKJ 149 : 2018 (2) JLJR
98 : JT 2018 (2) SC 466 : 2018 (2) PLJR 67 : 2018 (2) MLJ (Cri) 201 : 2018 (2) RCR
(Criminal) 131 : 2018 (1) RLW 591 : 2018 (2) Scale 285 : (2018) 3 SCC 22 : 2018
(1) SCC (Cri) 675 : 2018 (1) SLT 772 Crl.A. No. 227 of 2018 06-02-2018
Bail Application - High Court, unfortunately, passed the impugned
order in a casual way granting bail to the accused without assigning any valid and
proper reason. Bail Cancelled. Manoj Kumar v. State of Uttar Pradesh, JT 2018
(11) SC 258 : 2018 (15) Scale 4 Crl.A. No. 1383 of 2018 13-11-2018
CBI Investigation - Jat Agitation. Dilawar v. State of Haryana,
AIR 2018 SC 2269 : 2018 All.M.R. (Cri.) 2678 : 2018 (7) Scale 457 : 2018 (4) SLT
90 M.A. No. 267 of 2017 01-05-2018
CBI Investigation - Power of Court. Union of India v. Sunil Tripathi,
AIR 2018 SC 3570 : 2018 (9) Scale 305 : (2018) 8 SCC 463 C.A. No. 5987 of 2018 31-07-2018
CBI Investigation can be entrusted for instilling confidence in the
minds of Victims as well as Public at Large. E. Sivakumar v. Union of India,
AIR 2018 SC 2486 : 2018 (5) ALD 97 : 2018 (4) Bom.C.R. 436 : 2018 (3) Crimes 37
: 2018 (3) CTC 568 : JT 2018 (6) SC 39 : 2018 (3) RCR (Criminal) 111 : 2018 (7)
Scale 656 : (2018) 7 SCC 365 bit.ly/2JayLOQ 18-05-2018
Conservation of Foreign Exchange and Prevention of
Smuggling Activity Act, 1974. Secretary to Government of Tamil Nadu v. Kamala, 2018 (103) AllCC
647 : 2018 All.M.R. (Cri.) 2686 : 2018 (2) GLH 15 : JT 2018 (4) SC 164 : 2018 (5)
Scale 492 : (2018) 5 SCC 322 Crl.A. No. 507 of 2018 10-04-2018
Contempt of Court - Criminal Contempt Reference - High Court ought
to have conducted an inquiry. That having not been done and the punishment having
been imposed solely on the basis of the reference made by the District Judge and
the affidavit in response - the principles of natural justice have not been complied
with fully - appellant had tendered unconditional apology - the apology tendered
by the appellant is taken on record - set aside the conviction and sentence imposed
upon the appellant and the appeal is allowed. Kuldeep Mansukhani v. Court On
its Own Motion, High Court of Delhi at New Delhi, JT 2018 (7) SC 462 : 2018 (4)
RCR (Civil) 131 : 2018 (9) Scale 431 : 2018 (6) SLT 405 Crl.A. No. 920 of 2006 01-08-2018
Contempt of Court - Seal - Tampering - Veterinary Services Department.
M.C. Mehta v. Union of India, JT 2018 (11) SC 439 : 2018 (15) Scale 109 W.P. (C) No. 4677 of 1985 22-11-2018
Contempt of Courts Act, 1971 - Criminal Contempt - Lawyer - Sentence of simple
imprisonment for six months - direction to the Bar Council of India to take appropriate
action against the appellant - It was made clear that until the appellant purged
with the contempt, he would not be entitled to practise under the jurisdiction of
the respondent-High Court, except for the chamber practice - As per the interim
Order dated 3rd December, 2007 while admitting the appeal, the sentence of imprisonment
awarded to the appellant was stayed by this Court. Bar Council of India that they
had dropped the proceedings against the appellant on account of his serious ill-health,
having met with an accident - Court had also taken note of the 2 adverse health
condition of the appellant - High Court, submits that the appellant has not been
practising in the jurisdiction of the Jharkhand High Court - interest of justice
would be met and complete justice done in case the Interim Order dated 3 rd December,
2007 is made absolute and the appeal is disposed of, thereby vacating that part
of the impugned order on sentence of imprisonment. Ordered accordingly. In view
of above, the appeal is party allowed. K.K. Jha "Kamal" v. Jharkhand
High Court, 2018 (9) Scale 46 Crl.A. No. 1673 of 2007 10-07-2018
Court Martial - Naval officer with Indian Navy - Sexually explicit calls were received
by the wives of the three officers. Union of India v. Cdr. Ravindra V. Desai,
AIR 2018 SC 2754 : 2018 CriLJ 3663 : JT 2018 (4) SC 354 : 2018 (6) Scale 184
Crl.A. No. 579 of 2016 18-04-2018
Criminal Appeal - No discussion on the defence evidence - Appellant
cannot blame the High Court, since he failed to appear before the High Court when
the matter was taken up for hearing. K.S. Kalinga Rayan @ Kalingaraju v. State
Rep. By The Inspector of Police, 2018 (8) Scale 632 Crl.A. No. 787 of 2018 18-05-2018
Criminal Conspiracy - How a case u/s. 120A r/w. 120B IPC is required
to be made out by the prosecution with the aid of evidence ? Bilal Hajar @ Abdul
Hameed v. State Rep. By The Inspector of Police, AIR 2018 SC 4780 : 2018 (4) Crimes
103 : JT 2018 (10) SC 251 : 2018 (14) Scale 11 Crl.A. No. 1305 of 2008 10-10-2018
Criminal Law - a dismissal of a SLP in limine, would neither mean that the lower
court judgment stands affirmed nor the principle res judicata would be applicable.
Kusal Toppo v. State of Jharkhand, 2018 (10) Scale 651 Crl.A. No. 1691 of 2010 07-08-2018
Criminal Law - Investigating Officer filed a closure report - objections filed
by the defacto complainant - Magistrate has issued process under Section 204 Cr.P.C.
- Appellant to surrender before the Magistrate. Sandip Pandey @ Sandeep Kumar
Pandey v. M/s. Shivam Builders and Developers, Crl.A. No. 1216 of 2018 24-09-2018
Criminal Law - Murder - Culpable Homicide - ‘Motive’ is an emotion which compels
the person to do a particular act. Khurshid Ahmed v. State of Jammu and Kashmir,
AIR 2018 SC 2457 : 2018 (103) AllCC 957 : 2018 CriLJ 4442 : 2016 (2) JKJ 91 : JT
2018 (5) SC 145 bit.ly/CrlA872of2015 15-05-2018
Criminal Law - Police force need to develop and recognize the concept of ‘democratic
policing’, wherein crime control is not the only end, but the means to achieve this
order is also equally important. Yashwant v. State of Maharashtra, AIR 2018 SC
4067 : 2018 (4) Bom.C.R. (Cri.) 20 : 2018 (3) Crimes 491 : 2018 (3) JLJ 242 : JT
2018 (8) SC 405 : 2018 (4) MLJ(Cri) 10 : 2018 (10) Scale 658 : 2018 (7) SLT 434
bit.ly/CrlA385of2008 04-09-2018
Criminal Law - Suspension of Sentence - Grant of Bail - there are cases involving
the appellants prior to the incident and the accused are otherwise facing trial
in those cases - one of the accused arising out of the same FIR has been released
on bail - the appellants should be released on bail during the pendency of the appeals
before the High Court. Pinku v. State of Uttar Pradesh, JT 2018 (10) SC 250 Crl.A. No. 1277 of 2018 11-10-2018
Criminal Law - there is no prohibition in law to file the second FIR and once it
is filed, such FIR is capable of being taken note of and tried on merits in accordance
with law. P. Sreekumar v. State of Kerala, AIR 2018 SC 1482 : 2018 (1) ALD (Cri)
999 : 2018 (2) Bom.C.R. (Cri.) 523 : 2018 (2) Crimes 164 : 2018 CriLJ 2749 : 2018
(2) JCC 1077 : 2018 (1) JKJ 120 : JT 2018 (3) SC 459 : 2018 (2) RCR (Criminal) 542
: (2018) 4 SCC 579 : 2018 (2) SCC (Cri) 578 : 2018 (1) UC 523 Crl.A. No. 408 of 2018 19-03-2018
Criminal P. C. 1973 - S. 407 - Transfer of case within the State when
permissible. Sarasamma @ Saraswathiyamma v. State, AIR 2018 SC 2287 : JT 2018
(5) SC 125 : 2018 (7) SCALE 304 : (2018) 7 SCC 339 Crl.A. No. 713 of 2018 09-05-2018
Criminal P. C. 1973 - S. 439 - Bail - there is little reference to/or
discussion on the merits of the bail applications - the fact that the deceased belonged
to a certain community cannot be a justification for any assault much less a murder
- a Court fully conscious of the plural composition of the Country while called
upon to deal with rights of various communities, cannot make such observations which
may appear to be coloured with a bias for or against a community. Mubin Shaikh
v. State of Maharashtra, AIR 2018 SC 947 : 2018 (103) AllCC 612 : 2018 All.M.R.(Cri.)
1363 : 2018 (1) ALT (Cri) 309 : 2018 (2) Bom.C.R. (Cri.) 460 : 2018 (2) Crimes 293
: JT 2018 (2) SC 275 : (2018) 4 SCC 312 : 2018 (3) Supreme 448 : 2018 (1) UC 463
Crl.A. No. 245 of 2018 08-02-2018
Criminal P.C. 1973 - Abuse of process caused by FIR stands aggravated
if the FIR has taken the form of a charge sheet after investigation. Anand Kumar
Mohatta v. State (Govt. of NCT of Delhi) Department of Home, JT 2018 (11) SC 227
: 2018 (14) Scale 756 http://bit.ly/CrlA1395of2018
15-11-2018
Criminal P.C. 1973 - In any case, the protection under Section 438,
Cr.P.C. is available to the accused only till the court summons the accused based
on the charge sheet (report under Section 173(2), Cr.P.C.). On such appearance,
the accused has to seek regular bail under Section 439 Cr.P.C. and that application
has to be considered by the court on its own merits. Merely because an accused was
under the protection of anticipatory bail granted under Section 438 Cr.P.C. that
does not mean that he is automatically entitled to regular bail under Section 439
Cr.P.C. The satisfaction of the court for granting protection under Section 438
Cr.P.C. is different from the one under Section 439 Cr.P.C. while considering regular
bail. Satpal Singh v. State of Punjab, AIR 2018 SC 2011 : 2018 (2) CGLJ 218 :
2018 CriLJ 2843 : 2018 (360) ELT 791 : 2018 (1) JKJ 150 Crl.A. No. 462 of 2018 27-03-2018
Criminal P.C. 1973 - Non framing of charge - A conviction for the substantive
offence without a charge can be set aside only if the accused shows that prejudice
has been caused to him and that “failure of justice” has occasioned thereby. Kamil
v. State of Uttar Pradesh, JT 2018 (11) SC 260 : 2018 (14) Scale 517 Crl.A. No. 1568 of 2015 31-10-2018
Criminal P.C. 1973 - Only upon rejection of prayer for extension of
time sought for filing charge-sheet, right in favour of accused for grant of statutory
bail could have ignited. Rambeer Shokeen v. State of NCT of Delhi, AIR 2018 SC
688 : 2018 (103) AllCC 621 : 2018 (1) Bom. C.R. (Cri.) 630 : 2018 (125) CLT 1110
: 2018 (1) Crimes 170 : JT 2018 (2) SC 229 : 2018 (2) MLJ (Cri) 282 : 2018 (2) PLJR
111 : 2018 (2) RCR (Criminal) 109 : 2018 (1) Scale 590 : (2018) 4 SCC 405 : 2018
(1) SLT 785 : 2018 (2) RCR (Criminal) 109 : 2018 (1) Supreme 613 : bit.ly/CrlA2181of2017 31-01-2018
Criminal P.C. 1973 - Power of the Magistrate to consider the application
of accused for their exemption from personal appearance. Rameshwar Yadav v. State
of Bihar, AIR 2018 SC 1435 : 2018 (1) ALD (Cri) 735 : 2018 (2) Bom.C.R. (Cri.) 505
: 2018 (2) Crimes 24 : 2018 (1) JKJ 115 : JT 2018 (3) SC 401 : 2018 (2) MLJ (Cri)
471 : 2018 (1) MPWN 360 : 2018 (2) RCR (Criminal) 461 : (2018) 4 SCC 608 : 2018
(2) Supreme 631 Crl.A. No. 387 of 2018 16-03-2018
Criminal P.C. 1973 - Remand - the Single Judge has not mentioned the
bare facts of the case with a view to appreciate the factual controversy, such as,
what is the nature of the complaint/FIR filed against the appellants, the allegations
on which it is filed, the offences under which appellants prosecution is sought,
who filed the complaint/FIR/proceedings, whether it pertains to a cognizable offence
or not, the grounds on which the complaint/FIR/ proceedings is challenged, why such
grounds are not made out under Section 482 of the Code etc. The case is remanded
to the High Court for its decision on merits. Geeta v. State of Uttar Pradesh
Crl.A. No. 1544 of 2018 03-12-2018
Criminal P.C. 1973 - S. 125 - Grant of Maintenance - DNA Test - appellant
failed to prove that she was the wife of respondent - the respondent had fathered
three children in her though the same was denied by the respondent - DNA report
shows that the respondent is the father of the three children born to the appellant
- Cancellation of maintenance is set aside. Pratima Das @ Arati Das v. Subudh
Das, JT 2018 (3) SC 67 : 2018 (2) RCR (Criminal) 129 : (2018) 4 SCC 528 Crl.A. No 213 of 2018 01-02-2018
Criminal P.C. 1973 - S. 125 - Whether the quantum of maintenance amount
determined by the High Court is just and proper - Discussed. Reema Salkan v.
Sumer Singh Salkan, AIR 2018 SC 4606 : JT 2018 (9) SC 390 : 2018 (4) RCR (Criminal)
395 : 2018 (13) Scale 33 Crl.A. No. 1220 of 2018 25-09-2018
Criminal P.C. 1973 - S. 154 - First Information Report (FIR) - The
value to be attached to the FIR depends upon facts and circumstances of each case.
Latesh @ Dadu Baburao Karlekar v. State of Maharashtra Home Department; AIR 2018
SC 659 : (2018) 3 SCC 66 : 2018 (1) Crimes 95 : JT 2018 (2) SC 27 : 2018 (1) Scale
626 : 2018 (1) SLT 619 : 2018 (1) Supreme 524 : 2018 (1) Bom.C.R. (Cri.) 594 : 2018
CriLJ 1812 : 2018 (1) JLJR 321 : 2018 (2) MLJ (Cri) 168 : 2018 (2) SCC (Cri) 235
: 2018 (1) ACR 843 : 2018 (1) ALD (Cri) 542 bit.ly/CrlA1301of2015 30-01-2018
Criminal P.C. 1973 - S. 195(1)(b)(ii) - The High Court having taken
into consideration entire facts and circumstances have rightly come to the conclusion
that present is not a case where any complaint could have been proceeded under Section
195(1)(b)(ii) Cr.P.C. Vishnu Chandru Gaonkar v. N.M. Dessai, 2018 (1) ALD (Cri)
883 : 2018 (103) AllCC 335 : 2018 All.M.R. (Cri.) 1818 : 2018 (2) ALT (Cri) 78 :
2018 (2) Bom.C.R.(Cri.) 491 : 2018 (2) CGLJ 152 : 2018 (1) Crimes 131 : 2018 (2)
JCC 719 : 2018 (3) Scale 632 : (2018) 5 SCC 422 : 2018 (2) SCC (Cri) 770 : 2018
(2) Supreme 499 : 2018 (1) UC 472 Crl.A. No. 359 of 2018 06-03-2018
Criminal P.C. 1973 - S. 204 - Order issuing process summons against
accused cannot be interfered with by Supreme Court in its appellate jurisdiction
under Art. 136. Leena Vivek Masal v. State of Maharashtra, AIR 2018 SC 320 :
(2018) 1 SCC 781 : JT 2018 (1) SC 84 : 2018 (1) Scale 88 : 2018 (1) Bom.C.R.(Cri.)
303 : 2018 (1) Crimes 6 : 2018 (1) SLT 455 : 2018 (1) Supreme 423 : 2018 All.M.R.(Cri.)
904 : 2018 (1) UC 132 : 2018 (127) ALR 236 Crl.A. No. 9 of 2018 05-01-2018
Criminal P.C. 1973 - S. 321 - Withdrawal from prosecution - Public
Prosecutor or an Assistant Public Prosecutor, as the case may be, has an important
role under the statutory scheme and is expected to act as an independent person.
He/she has to apply his/her own mind and consider the effect of withdrawal on the
society in the event such permission is granted. Abdul Wahab K. v. State of Kerala,
AIR 2018 SC 4265 : 2018 (3) Crimes 420 : 2018 (3) GLH 272 : 2018 (11) Scale 99 :
2018 (7) SLT 343 Crl.A. No. 1047 of 2018 13-09-2018
Criminal P.C. 1973 - S. 362 - The High Court should not have exercised
the power under Section 362 Cr.P.C. for a correction on merits. However patently
erroneous the earlier order be, it can only be corrected in the process known to
law and not under Section 362 Cr.P.C. The whole purpose of Section 362 Cr.P.C. is
only to correct a clerical or arithmetical error. What the High Court sought to
do in the impugned order is not to correct a clerical or arithmetical error; it
sought to rehear the matter on merits, since, according to the learned Judge, the
earlier order was patently erroneous. That is impermissible under law. Mohammed
Zakir v. Shabana, 2018 (9) Scale 374 : 2018 (3) KLJ 816 Crl.A. No. 926 of 2018 23-07-2018
Criminal P.C. 1973 - S. 378 (3) - Victim can file an appeal in the
High Court without seeking leave to appeal. Mallikarjun Kodagali v. State of
Karnataka, AIR 2018 SC 5206 : 2018 (4) Crimes 123 : 2018 (4) KLT 682 : 2018 (4)
RCR (Criminal) 781 : 2018 (14) Scale 32 Crl.A. No. 1281-1282 of 2018 12-10-2018
Criminal P.C. 1973 - S. 378 (4) - Ownership Flats Act, 1963 (Maharashtra)
- Violations of the Provisions of the Act - Metropolitan Magistrate dismissed the
Complaint - High Court declined to grant leave to file appeal - Matter remanded
to High Court. Dahisar Saraswati Coop. Housing Society Ltd. v. State of Maharashtra,
AIR 2018 SC 4805 : 2018 (4) Crimes 121 : JT 2018 (10) SC 14 : 2018 (14) Scale 106
Crl.A. No. 1550 of 2010 12-10-2018
Criminal P.C. 1973 - S. 406 – Transfer Petitions - The apprehension
of not getting a fair and impartial enquiry or trial is required to be reasonable
and not imaginary, based upon conjectures and surmises. No universal or hard and
fast rule can be prescribed for deciding a transfer petition, which will always
have to be decided on the facts of each case. Convenience of a party may be one
of the relevant considerations but cannot override all other considerations such
as the availability of witnesses exclusively at the original place, making it virtually
impossible to continue with the trial at the place of transfer, and progress of
which would naturally be impeded for that reason at the transferred place of trial.
The convenience of the parties does not mean the convenience of the petitioner alone
who approaches the court on misconceived notions of apprehension. Convenience for
the purposes of transfer means the convenience of the prosecution, other accused,
the witnesses and the larger interest of the society. Harita Sunil Parab v. State
of NCT of Delhi, AIR 2018 SC 1624 : 2018 (1) ALD (Cri) 771 : 2018 All.M.R. (Cri.)
1766 : 2018 (2) Bom.C.R. (Cri.) 549 : 2018 CriLJ 3659 : 2018 (249) DLT 112 : 2018
(2) JCC 961 : 2018 (5) Scale 242 : (2018) 6 SCC 358 T.P. (Crl.) No. 254 of 2017 28-03-2018
Criminal P.C. 1973 - S. 438 - Whether the Trial Court could have granted
regular bail solely based on the protection granted by Apex Court - Since the matter
is referred to a larger Bench, do not propose to deal with the issue any further.
Prakash Chand Meena v. State of Rajasthan, 2018 (4) Crimes 92 : 2018 (14) Scale
236 Crl.A. No. 1268 of 2018 09-10-2018
Criminal P.C. 1973 - S. 438 r/w Ss. 420 & 409 - Anticipatory Bail
- “Bank Guarantee” - “defalcated sum” - If on account of failure to submit and to
keep it alive in respect of the “defalcated sum”, any benefit of bail/anticipatory
bail was withdrawn and orders of non-bailable warrants were issued, such orders
stand cancelled and recalled. However the concerned millers ought to have furnished
and kept alive bank guarantees as contemplated in terms of the agreement. If there
be any failure on this count the cancellation of bail/anticipatory bail was perfectly
justified. Arvind Tiwary v. State of Bihar, 2018 (9) Scale 563 : (2018) 8 SCC
475 : JT 2018 (8) SC 1 : 2018 (6) SLT 645 Crl.A. No. 998 of 2018 13-08-2018
Criminal P.C. 1973 - S. 439 - Bail - Accused is a citizen of different
country - In the eyes of the law every accused is the same irrespective of their
nationality. Lachhman Dass v. Resham Chand Kaler, AIR 2018 SC 599 : 2018 (1)
ALD (Cri) 535 : 2018 All.M.R. (Cri.) 1379 : 2018 (1) Bom.C.R. (Cri.) 800 : 2018
(1) Crimes 91 : 2018 (1) JCC 256 : JT 2018 (1) SC 451 : 2018 (2) JCC 901 : 2018
(1) JKJ 167 : 2018 (1) RCR (Criminal) 967 : 2018 (1) Scale 431 : (2018) 3 SCC 187
: 2018 (2) SCC(Cri) 10 : 2018 (1) Supreme 486 Crl.A. No. 161 of 2018 23-01-2018
Criminal P.C. 1973 - S. 482 - High Court cannot act like an Investigating
Agency while exercising Inherent Powers. Dineshbhai Chandubhai Patel v. Stateof
Gujarat; AIR 2018 SC 314 : (2018) 3 SCC 104 : JT 2018 (1) SC 141 : 2018 (1) Scale
97 : (2018) 1 SCC (Cri) 683 ; 2018 (1) Crimes 43 : 2018 (1) BCR (Cri) 314 : 2018
(1) GLH 186 : 2018 (1) JCC 190, 2018 (1) RCR (Criminal) 617, 2018 (1) SLT 436, 2018
(1) Supreme 66, 2018 (1) JLJR 150, 2018 (1) PLJR 326 bit.ly/CrlA12of2018 05-01-2018
Criminal P.C. 1973 - S. 482 - Penal Code, 160 - Ss. 406 r/w. 420 -
amount deposited - the de facto complainant submits that the amount may be directed
to be released to him - since he is getting his money, he has no intention to proceed
with the prosecution - offences are compoundable with permission of the court -
All the coercive steps taken against the appellant, including freezing of the account,
shall stand withdrawn. Raj Sharma @ Raj Kumar Sharma v. State of Uttar Pradesh,
2018 (3) RCR (Criminal) 792 : 2018 (9) Scale 47 Crl.A. No. 844 of 2018 09-07-2018
Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 420, 406 &
504 - Whether the High Court was justified in dismissing the appellants’ application
filed under Section 482 of the Code. Lajpat v. State of Uttar Pradesh, Crl.A. No. 1569 of 2018 06-12-2018
Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 498A & 323
- Dowry Prohibition Act, 1961 - Ss. 3 & 4 - Whether the High Court was justified
in dismissing the appellants’ applications filed under Section 482 of the Code.
Dr. Jagdish Prasad v. State of Uttar Pradesh 03-12-2018
Criminal P.C. 1973 - S. 482 - Quashment of FIR - Abetment of Suicide
- allegations that due to continuous humiliation and suffering inflicted upon by
the wife and her family members, the Husband committed suicide - High Court erred
in quashing the FIR. Munshiram v. State of Rajasthan, AIR 2018 SC 1923 : 2018
(103) AllCC 608 : 2018 (1) ALD (Cri) 896 : 2018 (2) Bom.C.R. (Cri.) 765 : 2018 (2)
CGLJ 284 : 2018 CriLJ 2412 : 2018 (2) Crimes 58 : 2018 (2) DMC 803 : 2018 (2) JCC
837 : 2018 (2) MLJ (Cri) 562 : 2018 (2) MPWN 49 : 2018 (2) RCR (Civil) 917 : (2018)
5 SCC 678 : 2018 (2) SCC (Cri) 838 bit.ly/CrlA515of2018 09-04-2018
Criminal P.C. 1973 - S. 482 - Quashment of Proceedings - Assessment
made by High Court at a stage when investigation was yet to be completed, completely
incorrect and uncalled for. State of Tamil Nadu v. S. Martin, AIR 2018 SC 1647
: 2018 All.M.R. (Cri.) 1770 : 2018 (2) ALT (Cri) 167 : 2018 (2) Crimes 252 : 2018
(2) JCC 834 : JT 2018 (3) SC 605 : 2018 (5) Scale 240 : 2018 (2) SCC (Cri) 845 :
2018 (3) Supreme 190 Crl.A. No. 423 of 2018 28-03-2018
Criminal P.C. 1973 - S.125 - Unlike matrimonial proceedings where strict
proof of marriage is essential, in the proceedings under Section 125 Cr.P.C., such
strict standard of proof is not necessary as it is summary in nature meant to prevent
vagrancy. Kamala v. M.R. Mohan Kumar, AIR 2018 SC 5128 : 2018 (3) DMC 694 : JT
2018 (10) SC 409 : 2018 (4) KLT 864 : 2018 (2) OLR 994 : 2018 (14) Scale 257
Crl.A. No. 2368 of 2009 24-10-2018
Criminal P.C. 1973 - S.167(2) - On the expiry of the period stipulated,
an indefeasible right accrues in favour of the accused for being released on bail
on account of default by the investigating agency in the completion of the investigation
within the period stipulated and the accused is entitled to be released on bail,
if he is prepared to and furnishes the bail as directed by the Magistrate. Achpal
@ Ramswaroop v. State of Rajasthan, JT 2018 (9) SC 315 : 2018 (4) KLT 664 : 2018
(4) RCR (Criminal) 433 : 2018 (13) Scale 5 http://bit.ly/CrlA1218of2018 24-09-2018
Criminal P.C. 1973 - S.216 - Sessions Judge has ample power to alter
/ amend / add any charge. State of Haryana v. Rajesh Aggarwal, 2018 (3) ACC 926
: AIR 2018 SC 3998 : 2018 (3) Crimes 501 : JT 2018 (8) SC 145 : 2018 (10) Scale
11 : 2018 (7) SLT 349 http://bit.ly/CrlA2218of2011
20-08-2018
Criminal P.C. 1973 - S.300 (1) - When the accused was discharged due
to lack of proper sanction, the principles of “double jeopardy” will not apply.
State of Mizoram v. C. Sangnghina, AIR 2018 SC 5342 : JT 2018 (10) SC 524 : 2018
(4) KLT 853 : 2018 (14) Scale 442 Crl.A. No. 1322 of 2018 30-10-2018
Criminal P.C. 1973 - S.313 - a solemn duty is cast on the court in
dispensation of justice to adequately consider the defence of the accused taken
under Section 313 Cr.P.C. and to either accept or reject the same for reasons specified
in writing. Reena Hazarika v. State of Assam, AIR 2018 SC 5361 : JT 2018 (10)
SC 595 : 2018 (14) Scale 509 Crl.A. No. 1330 of 2018 31-10-2018
Criminal P.C. 1973 - S.378(3) - Application for grant of leave to appeal
- High Court rejected it without assigning any reasons - Such casual approach of
High Court, disapproved - Matter was remanded back to it for decision afresh on
merits. State of Uttar Pradesh v. Anil Kumar @ Badka, AIR 2018 SC 4006 : 2018
(4) JLJR 28 : 2018 (4) PLJR 66 : 2018 (10) Scale 250 : (2018) 9 SCC 492 : 2018 (3)
SCC (Cri) 766 Crl.A. No. 1094 of 2018 29-08-2018
Criminal P.C. 1973 - S.389 - Mandatory requirement of - Suspension
of sentence pending the appeal; release of appellant on bail. Sunita Devi v.
State of Bihar, 2018 (2) RCR (Criminal) 130 Crl.A. No. 117 of 2018 18-01-2018
Criminal P.C. 1973 - S.451 - Custody of Vehicle - Tata Hitachi Model
EX 200 Hydraulic Excavator - Contractor engaged for the purpose of widening the
National Highway - Demolished Government Building on direction from superior officers
- Magistrate permitted release of the vehicle on producing a bank guarantee of the
alleged loss caused to the Government building - Held, High Court was justified
in holding that the bank guarantee for the alleged loss need not be insisted upon
- Magistrate is directed to release the vehicle without insisting the condition
regarding bank guarantee - Appeal is dismissed. State of Kerala v. A.A. Ali,
JT 2018 (8) SC 186 : 2018 (4) RCR (Criminal) 112 Crl.A. No. 2100 of 2017 14-08-2018
Criminal P.C. 1973 - S.482 - Contempt of Courts Act, 1971 - S.12 -
Penal Code, 1860 - S.498A. Meenal Bhargava v. Naveen Sharma, AIR 2018 SC 2839
: 2018 (5) ALD 20 : 2018 (7) Scale 288 : 2018 (4) SLT 155 C.A. No. 1606 of 2018 09-05-2018
Criminal P.C. 1973 - S.482 - Penal Code, 1860 - Ss. 447, 406, 420,
120B - Prevention of Corruption Act, 1988 - S. 13(2) - Prevention of Damage to Public
Property Act, 1984 - S.3 - Quashing the FIR. Himachal Pradesh Cricket Association
v. State of Himachal Pradesh, 2018 (14) Scale 816 Crl.A. No. 1258 of 2018 02-11-2018
Criminal P.C. 1973 - S.482 - Quashing of FIR - complainant and the
accused are husband and wife - even if the parties are sent to trial, the same is
only to end up in acquittal in view of the settlement - Appeal is allowed. Wasim
Anwar v. State of Nct of Delhi, 2018 (3) Crimes 85 : 2018 (3) RCR (Criminal) 558
Crl.A. No. 289 of 2018 19-02-2018
Criminal P.C. 1973 - S.88 - Power to release accused on bond upon his
appearance in court - Said power is not mandatory - It is discretionary in nature.
Pankaj Jain v. Union of India, 2018 (1) ALD (Cri) 752 : 2018 (103) AllCC 322
: 2018 (3) ALJ 173 : AIR 2018 SC 1155 : 2018 (2) Bom.C.R. (Cri.) 399 : 2018 (2)
CTC 467 : 2018 CriLJ 1824 : 2018 (2) Crimes 5 : 2018 (2) JCC 1000 : 2018 (2) JLJR
1 : JT 2018 (3) SC 117 : 2018 (1) KLJ 851 : 2018 (1) KLT 996 : 2018 (2) PLJR 71
: 2018 (3) Scale 421 : (2018) 5 SCC 743 : 2018 (2) SCC(Cri) 867 : 2018 (2) Supreme
104 : 2018 (1) UC 439 Crl.A. No. 321 of 2018 23-02-2018
Criminal P.C. 1973 - Second Complaint - the complainant came to know
certain facts after the disposal of the first complaint - there is no bar to lodge
second complaint. Om Prakash Singh v. State of Bihar, 2018 CriLJ 3909 : 2018
(3) PLJR 346 : 2018 (8) Scale 720 : 2018 (3) SCC (Cri) 749 Crl.A. No. 857 of 2018 11-07-2018
Criminal P.C. 1973 - Ss. 154, 156 & 190 - Penal Code, 1860 – Ss.
420, 406, 467, 468, 471, 504, 506, 34 – Sub Divisional Magistrate directed the police
to register a first information report - Whether the Sub Divisional Magistrate was
competent to do so, and whether such an F.I.R. can be said to have been registered
in accordance with the Code. Naman Singh @ Naman Pratap Singh v. State of Uttar
Pradesh, http://bit.ly/CrlA1620of2018 13-12-2018
Criminal P.C. 1973 - Ss. 161 & 162 - Penal Code, 1860 - S. 304
Part II - Evidence Act, 1872 - S. 32 - trial court did not commit any error in convicting
the appellant. High Court while deciding the appeal has also analysed the evidence
on record and has rightly dismissed the appeal. Pradeep Bisoi @ Ranjit Bisoi
v. State of Odisha, AIR 2018 SC 4787 : 2018 (4) Crimes 110 : JT 2018 (10) SC 264
: 2018 (2) OLR 873 : 2018 (13) Scale 769 Crl.A. No. 1192 of 2018 10-10-2018
Criminal P.C. 1973 - Ss. 24 & 25 - Assistant Public Prosecutors
cannot claim parity with Public Prosecutors in respect of age of superannuation.
Kerala Assistant Public Prosecutors Association v. State of Kerala, AIR 2018
SC 2652 : 2018 (2) KHC 983 : 2018 (2) KLT 926 : 2018 (7) Scale 516 : (2018) 7 SCC
314 bit.ly/CA3792of2010 17-05-2018
Criminal P.C. 1973 - Ss. 245 & 482 - Penal Code, 1860 - Ss. 498A,
323, 406, 379 & 504 - Discharge - Quashing. Nayan Prasad v. State of Bihar,
AIR 2018 SC 4031 : 2018 (9) Scale 51 Crl.A. No. 1955 of 2009 20-07-2018
Criminal P.C. 1973 - Ss. 30, 31, 421, 427, 428 & 429 - Penal Code,
1860 - Ss. 63, 64, 364A, 395, 397 & 387 - Amount of fine - Sentence of imprisonment
for non-payment of fine - Sentence of imprisonment in default of fine - Sentence
in cases of conviction of several offences at one trial - Sentence on offender already
sentenced for another offence - Period of detention undergone by the accused to
be set off against the sentence or imprisonment - Punishment for organised crime
- Discussed. Sharad Hiru Kolambe v. State of Maharashtra, AIR 2018 SC 4595 :
2018 (4) Crimes 159 : JT 2018 (9) SC 293 : 2018 (2) OLR 807 : 2018 (4) RCR (Criminal)
276 : 2018 (11) Scale 305 Crl.A. No. 1209 of 2018 20-09-2018
Criminal P.C. 1973 - Ss. 374 & 386(b) - Appeal against conviction
- Death by Shooting - High Court acquitted all accused - Justified. State of
Uttar Pradesh, Home Department Secretary v. Om Pal, AIR 2018 SC 2072 : 2018 AIR
(SCW) 2072 : 2018 (4) ALJ 246 : 2018 (2) Crimes 401 : 2018 (2) RCR (Criminal) 725
: 2018 (5) Scale 392 : (2018) 5 SCC 805 Crl.A. No. 1213 of 2014 21-03-2018
Criminal P.C. 1973 - Ss. 378 & 386 - Retrial - Normally, retrial should not be ordered
when there is some infirmity rendering the trial defective. A retrial may be ordered
when the original trial has not been satisfactory for particular reasons like, appropriate
charge not framed, evidence wrongly rejected which could have been admitted or evidence
admitted which could have been rejected etc. Retrial cannot be ordered when there
is a mere irregularity or where it does not cause any prejudice, the Appellate Court
may not direct retrial. The power to order retrial should be exercised only in exceptional
cases. Issac @ Kishore v. Ronald Cheriyan, AIR 2018 SC 604 : 2018 (103) AllCC
1002 : 2018 (1) ALT (Cri) 284 : 2018 (1) Crimes 87 : 2018 (1) JCC 252 : 2018 (1)
JLJR 377 : 2018 (2) PLJR 57 : 2018 (1) RCR (Criminal) 926 : 2018 (1) Scale 437 :
(2018) 2 SCC 278 : 2018 (1) SCC (Cri) 703 : 2018 (1) Supreme 482 Crl.A. No. 165 of 2018 23-01-2018
Criminal P.C. 1973 - Ss. 397 & 398 - Magistrate observes that the
Sessions court has already made out a prima facie case. Such finding would be difficult
to sustain as the revisional court only observed certain aspects in furtherance
of remanding the matter. Such observations could not have been made by the Magistrate
as he was expected to apply his independent mind while taking cognizance. Rajendra
Rajoriya v. Jagat Narain Thapak, AIR 2018 SC 1229 : 2018 (103) AllCC 332 : 2018
(2) ALT (Cri) 69 : 2018 CriLJ 1832 : 2018 (2) Crimes 1 : 2018 (2) JLJR 38 : JT 2018
(2) SC 471 : 2018 (2) JLJ 290 : 2018 (2) PLJR 182 : 2018 (3) Scale 368 Crl.A. No. 312 of 2018 23-02-2018
Criminal P.C. 1973 - Ss. 482 - Penal Code, 1860 - Ss. 498A, 304B -
Dowry Prohibition Act, 1961 - Ss. 3 & 4 - Powers of the High Court to interfere
in the cases filed under Section 482. Sangeeta Agrawal v. State of Uttar Pradesh
03-12-2018
Criminal P.C. 1973 - Ss. 482 & 320 - Quashing of Criminal Proceedings
- Exercise of Power by High Court - Quashing of proceedings based on Compromise
/ Settlement between parties. Anita Maria Dias v. State of Maharashtra, 2018
All.M.R. (Cri.) 1357 : 2018 (103) AllCC 593 : 2018 (2) Crimes 18 : 2018 (2) JCC
755 : JT 2018 (2) SC 261 : 2018 (1) RCR (Criminal) 983 : 2018 (2) Scale 330 : (2018)
3 SCC 290 : 2018 (2) SCC (Cri) 50 : 2018 (2) Supreme 133 : 2018 (1) UC 239 Crl.A. No. 199 of 2018 19-01-2018
Criminal P.C. 1973 - Ss. 482, 216, 173, 200 & 202 - Offence of
attacking petitioner by advocates, in courtroom in the presence of presiding officer.
Osama Aziz v. State of Uttar Pradesh, 2018 All.M.R. (Cri.) 2681 : 2018 (3) Bom.C.R.
(Cri.) 115 : 2018 (2) Crimes 392 : 2018 (2) RCR (Criminal) 928 : (2018) 5 SCC 415
: 2018 (2) SCC (Cri) 764 Crl.A. No. 648 of 2018 27-04-2018
Criminal P.C. 1973 - Suspension of Sentence pending Appeal - Ground
of Parity - High Court declined to suspend the sentence during the pendency of the
criminal appeal pending before the High Court - the sentence needs to be suspended
in the case of the appellant herein also on the ground of parity. Omprakash @
Manta v. State of Madhya Pradesh, JT 2018 (11) SC 115 C.A. No. 1237 of 2018 01-10-2018
Criminal P.C. 1973 - What is the purpose and object of subSection
(2) of section 357 Cr.P.C.? Satyendra Kumar Mehra @ Satendera Kumar Mehra v.
State of Jharkhand, AIR 2018 SC 1587 : 2018 (2) Bom.C.R. (Cri.) 557 : 2018 (2) Crimes
302 : 2018 CriLJ 2739 : 2018 (2) JCC 906 : 2018 (2) RCR (Criminal) 530 : 2018 (5)
Scale 109 : 2018 (3) Supreme 531 : 2018 (1) UC 551 Crl.A. No. 406 of 2018 23-03-2018
Criminal P.C. 1973 - Whether prior sanction for prosecution qua allegation
of corruption in respect of a public servants is required before setting in motion
even the investigative process under Section 156(3) - Matter is referred to a larger
Bench; Manju Surana v. Ratan Singh, 2018 (2) Crimes 363 : 2018 (2) JLJ 330 :
2018 (2) KLT 315 : 2018 (2) RCR (Criminal) 673 : 2018 (5) Scale 75 : (2018) 5 SCC
557 : 2018 (2) SCC (Cri) 800 : 2018 (1) UC 534 Crl.A. No. 457 of 2018 27-03-2018
Criminal P.C.1973 - Remission - the appellant has so far undergone
more than 14 years of jail sentence and he still remains in Jail undergoing his
sentence - if that were the case then the State can be directed to consider the
appellant's case for his remission in terms of the relevant provisions of the Cr.P.C.
read with Rules - the appellant is eligible for his release by the State in terms
of the Rules in accordance with law depending upon a case made out by him. The State
can always pass appropriate orders on appellant's release provided a case to that
effect as provided in the Rules is made out. Rajendra Singh v. State of Uttar
Pradesh, AIR 2018 SC 5127 : JT 2018 (10) SC 431 : 2018 (14) Scale 190 Crl. A. No. 863 of 2012 23-10-2018
Criminal P.C.1973 - S. 199 - Defamation against Chief Minister - Statements
may be defamatory but then in the absence of a nexus between the defamatory statements
and the discharge of public duties of the office, the remedy under Section 199(2)
and 199(4) Cr.P.C. will not be available. K.K. Mishra v. State of Madhya Pradesh,
AIR 2018 SC 2171 : 2018 (2) ALT (Cri) 117 : 2018 (2) Bom.C.R.(Cri.) 571 : 2018 CriLJ
2925 : 2018 (2) JLJ 151 : 2018 (2) RCR (Criminal) 831 : 2018 (5) Scale 607 : (2018)
6 SCC 676 : 2018 (4) Supreme 215 bit.ly/CrlA547of2018 13-04-2018
Criminal P.C.1973 - S. 228 - Framing of Charges - Standard which courts
must apply while framing charges; Mauvin Godinho v. State of Goa, 2018 (1) ABR
(Cri) 955 : AIR 2018 SC 749 : 2018 All.M.R. (Cri.) 1384 : 2018 (1) Bom.C.R. (Cri.)
815 : 2018 (2) Crimes 14 : 2018 CriLJ 1717 : 2018 (2) JCC 714 : 2018 (1) JLJR 365
: JT 2018 (2) SC 323 : 2018 (2) MLJ (Cri) 89 : 2018 (3) RCR (Criminal) 385 : 2018
(1) Scale 584 : (2018) 3 SCC 358 : 2018 (2) SCC (Cri) 63 : 2018 (1) SCC (L&S)
591 : 2018 (2) Supreme 122 : 2018 (1) UC 244 bit.ly/CrlA315of2011 17-01-2018
Criminal P.C.1973 - Second Complaint - Mentioning of reasons for withdrawal
of an earlier complaint is also not a condition precedent for maintaining a second
complaint. V. Ravi Kumar v. State rep. by Inspector of Police http://bit.ly/CrlA111of2011 14-12-2018
Criminal P.C.1973 - Ss. 161, 162 & 164 - Evidence Act, 1872 -
S. 27 - Penal Code, 1860 - 302, 364, 379 & 34. Navaneethakrishnan v. State
By Inspector of Police, AIR 2018 SC 2027 : 2018 (1) ALD (Cri) 1020 : 2018 (2) ALT
(Cri) 60 : 2018 (2) Bom.C.R. (Cri.) 583 : 2018 CriLJ 2814 : ,JT 2018 (4) SC 275
: 2018 (6) Scale 16 : 2018 (4) Supreme 652 Crl.A. No. 1134 of 2013 16-04-2018
Criminal Procedure - Application for discharge has been dismissed -
charges are yet to be framed - do not find any justification to interfere with the
impugned order. It will be open to the appellant to take all available contentions
at the appropriate stage - appeal is dismissed. Vishwambarrao Shankarrao Mane
v. State of Maharashtra, 2018 (9) Scale 240 Crl.A. No. 1845 of 2008 12-07-2018
Criminal Procedure - It is not a case of arrest because of mere dissenting
views expressed or difference in the political ideology of the named accused, but
concerning their link with the members of the banned organisation and its activities.
Romila Thapar v. Union of India, JT 2018 (10) SC 442 : 2018 (13) Scale 278
W.P. (Crl.) No. 260 of 2018 28-09-2018
Criminal Procedure - Order of acquittal was recorded by the trial court
after a fullfledged trial - while so setting aside the acquittal the High Court
should have given an opportunity of hearing. Krishan Kumar v. State of Rajasthan,
Crl.A. No. 1088 of 2018 28-08-2018
Criminal Procedure Code, 1973 - Ss. 54A & 164 - Evidence Act, 1872 - Ss. 63,
65, 65A & 65B. Shafhi Mohammad v. State of Himachal Pradesh, 2018 (2) JCC
936 : JT 2018 (4) SC 219 : 2018 (5) Scale 384 : (2018) 5 SCC 311 : 2018 (4) Supreme
194 S.L.P. (Crl.) No. 2302 of 2017 03-04-2018
Criminal Trial - Acquittal - Every acquittal in a criminal case has to be taken with
some seriousness by the investigating and prosecuting authorities. Suresh v.
State of Haryana, AIR 2018 SC 4046 : 2018 (3) JKJ 48 : 2018 (8) JT 383 : 2018 (6)
SLT 662 Crl.A. No. 1445 of 2012 21-08-2018
Criminal Trial - All Legal Services Authorities / Committees in every State to extend
the facility of video conferencing between the counsel on one hand and the accused
or anybody in the know of the matter on the other in every criminal case wherever
the accused is lodged in jail, so that the cause of justice is well served. Imtiyaz
Ramzan Khan v. State of Maharashtra, 2018 All.M.R. (Cri.) 4469 : 2018 (4) JLJR 27
: JT 2018 (8) SC 36 : 2018 (4) PLJR 65 : 2018 (9) Scale 646 : (2018) 9 SCC 160 :
2018 (3) SCC (Cri) 721 http://bit.ly/SLP6740of2018
14-08-2018
Criminal Trial - Conduct of - Guidelines should be followed by trial courts. State
of Kerala v. Rasheed, 2018 (4) KLT 783 : 2018 (14) Scale 461 Crl.A. No. 1321 of 2018 30-10-2018
Criminal Trial - Each criminal trial is but a quest for search of the truth. The
duty of a judge presiding over a criminal trial is not merely to see that no innocent
person is punished, but also to see that a guilty person does not escape. One is
as important as the other. Both are public duties which the Judge has to perform.
Shamim v. State of Delhi, AIR 2018 SC 4529 : 2018 (4) JLJR 122 : JT 2018 (9)
SC 236 : 2018 (4) RCR (Criminal) 262 : 2018 (11) Scale 255 bit.ly/CrlA56of2018 19-08-2018
Criminal Trial - Efficacy of the criminal justice system - Adversarial System - importance
of the witness - low convictions in India - Witness Protection Scheme, 2018 - Preparation
of a “Threat Analysis Report” - Vulnerable witness deposition complexes. Mahender
Chawla v. Union of India W.P. (Crl. ) No. 156 of 2016 05-12-2018
Criminal Trial - Extra judicial confession is a weak piece of evidence, which cannot
form basis for conviction and unless supported by other substantive evidence. State
of Karnataka v. P. Ravikumar @ Ravi, AIR 2018 SC 3993 : 2018 (11) Scale 5 : (2018)
9 SCC 614 : 2018 (3) SCC (Cri) 809 Crl.A. No. 1428 of 2013 16-08-2018
Criminal Trial - Faulty Investigation - Benefit of Doubt - Accused cannot be expected
to relinquish his innocence at the hands of an inefficacious prosecution, which
is ridden with investigative deficiencies - Benefit of doubt arising out of such
inefficient investigation, must be bestowed upon the accused. State of Uttar
Pradesh Home Department Secretary v. Wasif Haider http://bit.ly/CrlA1702of2014 10-12-2018
Criminal Trial - FIR is not an encyclopaedia which is expected to contain all the
minute details of the prosecution case, it may be sufficient if the broad effects
of the prosecution case are stated in the FIR. State of Madhya Pradesh v. Chhaakkilal,
Crl.A. No. 21 of 2011 26-09-2018
Criminal Trial - Lapses in the Investigation - We cannot hazard
a guess whether such lapses occurred because of the general inefficiency of the
system or as a consequence of a concerted effort made to protect the accused. The
law of this country is not that people are convicted of offences on the basis of
doubts. Rupinder Singh Sandhu v. State of Punjab, AIR 2018 SC 2395 : 2018 (103)
AllCC 977 : 2018 (3) Bom.C.R.(Cri.) 93 : 2018 CriLJ 2935 : 2018 (2) JKJ 129 : JT
2018 (5) SC 182 http://bit.ly/CrlA58of2007
15-05-2018
Criminal Trial - Presumption of Innocence. Bannareddy v. State of Karnataka, AIR
2018 SC 1454 : 2018 (2) ALD (Cri) 179 : 2018 (1) ALT (Cri) 289 : 2018 (2) Crimes
94 : 2018 CriLJ 2686 : JT 2018 (3) SC 557 : 2018 (3) KarLJ 545 : 2018 (2) MLJ(Cri)
357 : 2018 (2) RCR (Criminal) 682 : 2018 (4) Scale 323 : (2018) 5 SCC 790 : 2018
(3) Supreme 720 Crl.A. No. 382 of 2018 12-03-2018
Criminal Trial - Rape - Trial Court and the High Court have convicted the accused
merely on conjectures and surmises. The Courts have come to the conclusion based
on assumptions and not on legally acceptable evidence, but such assumptions were
not well founded, inasmuch as such assumptions are not corroborated by any reliable
evidence. Medical evidence does not support the case of the prosecution relating
to offence of rape. Sham Singh v. State of Haryana, AIR 2018 SC 3976 : 2018 (2)
ALD (Cri) 687 : JT 2018 (8) SC 258 : 2018 (10) Scale 119 : 2018 (6) SLT 607
Crl.A. No. 544 of 2018 21-08-2018
Criminal Trial - School Certificate - In each and every case the prosecution cannot
be expected to examine the person who has admitted a student in the school. The
school registers are the authentic documents being maintained in the official course,
entitled to credence of much weight unless proved otherwise. State of Madhya
Pradesh v. Preetam, AIR 2018 SC 4212 : 2018 (4) JLJR 24 : 2018 (4) PLJR 62 : 2018
(11) Scale 120 Crl.A. No. 2229 of 2011 29-08-2018
Criminal Trial - witness did not name the accused in the FIR - Naming of the accused
subsequently in the court statement for the first time is certainly an improvement
over the earlier statement and a material omission. The accused is therefore held
entitled to acquittal on benefit of doubt, with regard to his presence at the time
of occurrence. Amrish Rana v. State of Himachal Pradesh, AIR 2018 SC 4604 : JT
2018 (9) SC 410 : 2018 (13) Scale 571 Crl.A. No. 1232 of 2018 28-09-2018
Death Penalty - If death penalty is to be affirmed even while dismissing the Special
Leave Petition in limine, it should be by a reasoned order on the aspect of sentence,
at least. Babasaheb Maruti Kamble v. State of Maharashtra, 2018 (15) Scale 235
R.P. (Crl.) No. 388 of 2015 01-11-2018
Death Sentence - Review Petition - Consideration of socio-economic
factors - Public opinion or collective conscience of the society - Socio-economic
factors concerning a convict must be taken into consideration while taking a decision
on whether to award a sentence of death or to award a sentence of imprisonment for
life. M.A. Antony @ Antappan v. State of Kerala http://bit.ly/RPCrl245of2010 12-12-2018
Drugs and Cosmetics Act, 1940 - Ss. 27(b)(ii) & 28 - offence was committed
in the year 2008, about ten years back - respondent was not having any prior conviction
under the Act - in his statement, respondent had stated that he was not aware that
he has to obtain a licence for sale of drugs - in the interest of justice proviso
to Section 27(b)(ii) of the Act can be invoked and the sentence of imprisonment
of one year imposed upon the respondent is reduced to three months. State rep.
by the Drugs Inspector v. Manimaran, Crl.A. No.1493 of 2018 30-11-2018
Essential Commodities Act, 1955 - Ss. 3 & 7 - Penal Code, 1860 - Ss. 420 &
409 - Criminal P.C. 1973 - S. 438 - denial of protection under - direction for deposit
- accused who was running a rice mill did not return the required quantity of rice
after custom milling - State is permitted to attach all the immovable properties
of the accused and the bank accounts so as to cover up the deficit of the deposit.
Dwarika Das Rathi v. State of Chhattisgarh, 2018 (4) Crimes 102 : 2018 (14) Scale
237 Crl.A. No. 1267 of 2018 09-10-2018
Evidence Act, 1872 - Requirement of certificate under S. 65-B(4) is
not always mandatory. Shafhi Mohammad v. State of Himachal Pradesh, AIR 2018
SC 714 : (2018) 2 SCC 801 : JT 2018 (2) SC 277 : 2018 (2) Scale 235 : 2018 (1) SLT
616 : 2018 (1) SCC (Cri) 860 : 2018 (1) SLT 616 : 2018 (2) Supreme 545 : 2018 (1)
UC 254 : 2018 (2) ALD 171 : 2018 (1) ALD (Cri) 606 : 2018 (1) ALT (Cri) 235 : 2018
(2) Bom. C.R. (Cri.) 469 : 2018 (1) Crimes 125 : 2018 CriLJ 1714 : 2018 (1) CTC
777 : 2018 (1) JLJR 343 S.L.P. (Crl) No. 2302 of 2017 30-01-2018
Evidence Act, 1872 - S.27 - the facts need not be self probatory and
the word “fact” as contemplated in Section 27 of the Evidence Act is not limited
to “actual physical material object”. The discovery of fact arises by reason of
the fact that the information given by the accused exhibited the knowledge or the
mental awareness of the informant as to its existence at a particular place. It
includes a discovery of an object, the place from which it is produced and the knowledge
of the accused as to its existence. Asar Mohammad v. State of U.P., AIR 2018
5264 : JT 2018 (10) SC 533 : 2018 (14) Scale 343 Crl.A. No. 1617 of 2011 24-10-2018
Evidence Act, 1872 - Ss. 6, 7 & 32 - Dying declaration can be sole
basis for conviction if inspiring confidence. Madan @ Madhu Patekar v. State
of Maharashtra, AIR 2018 SC 2007 : 2018 (1) ALD (Cri) 1014 : 2018 All.M.R.(Cri.)
3584 : 2018 (2) Crimes 49 : 2018 CriLJ 2880 : 2018 (2) JCC 1050 : 2018 (3) Supreme
546 Crl.A. No. 1025 of 2011 06-02-2018
Evidence Law - A statement of the prosecution witness which is otherwise untrustworthy
cannot be corroborated by another piece of unreliable evidence of another prosecution
witness. Shanker v. State of Madhya Pradesh, AIR 2018 SC 2687 : 2018 (2) ALD
(Cri) 201 Crl.A. No. 1785 of 2011 18-04-2018
Evidence Law - alleged variance between the medical and ocular evidence - Oral
evidence has to get primacy and the medical evidence is basically opinionative and
that the medical evidence states that the injury could have been caused in the manner
alleged and nothing more. The testimony of the eye witness cannot be thrown out
on the ground of inconsistency. Palani v. State of Tamil Nadu, JT 2018 (11) SC
431 : 2018 (15) Scale 178 Crl.A. No. 1100 of 2009 27-11-2018
Evidence Law - Appreciation of Evidence of Related Witness. Bhaskarrao v. State
of Maharashtra, AIR 2018 SC 2222 : 2018 (2) Bom.C.R. (Cri.) 797 : 2018 (2) Crimes
404 : (2018) 6 SCC 591 Crl.A. No. 408 of 2014 26-04-2018
Evidence Law - Circumstantial Evidence - All circumstances relied upon by the prosecution
must be established by cogent, succinct and reliable evidence, all the proved circumstances
must provide a complete chain, inasmuch as no 3 link in the chain of circumstances
should be missing, and such chain of circumstances should unequivocally point to
the guilt of the accused and exclude any hypothesis consistent with his innocence.
Mukhtyar Jabbar Tadvi v. State of Maharashtra, AIR 2018 SC 5534 : JT 2018 (11)
SC 86 : 2018 (14) Scale 477 Crl.A. No. 877 of 2011 31-10-2018
Evidence Law - Confession - If the court is satisfied that if the confession is
voluntary, the conviction can be based upon the same. Rule of Prudence does not
require that each and every circumstance mentioned in the confession with regard
to the participation of the accused must be separately and independently corroborated.
Ram Lal v. State of Himachal Pradesh, AIR 2018 SC 4616 : 2018 (4) Crimes 92 :
JT 2018 (9) SC 428 : 2018 (4) RCR (Criminal) 470 : 2018 (13) Scale 655 http://bit.ly/CrlA576of2010 03-10-2018
Evidence Law - Confessional Statement of a Co-accused cannot by itself be taken
as a Substantive Piece of Evidence against another Co-accused. Surinder Kumar
Khanna v. Intelligence Officer Directorate of Revenue Intelligence, 2018 (3) JKJ
39 : 2018 (3) KLJ 808 : 2018 (3) KLT 1027 bit.ly/CrlA949of2018 31-07-2018
Evidence Law - Gunshot - Absence of bullet holes on the clothes of the deceased
creates a doubt about the case of the prosecution. State of Uttar Pradesh v.
Raja, 2018 (4) RCR (Criminal) 250 : 2018 (11) Scale 265 Crl.A. No. 396 of 2015 30-08-2018
Evidence Law - Question of Identification by Voice - Identification from the voice
of the accused may be possible if there is evidence to show that the witness was
sufficiently acquainted with the accused in order to recognize him or her by voice.
Dola @ Dolagobinda Pradhan v. State of Odisha, AIR 2018 SC 4020 : 2018 (2) ALD
(Cri) 674 : JT 2018 (8) SC 302 : 2018 (4) RCR (Criminal) 137 : 2018 (10) Scale 270
http://bit.ly/CrlA1095of0218 29-08-2018
Evidence Law - Related and Interested Witnesses - there cannot be any hard and
fast rule that the evidence of interested witness cannot be taken into consideration
and they cannot be termed as witnesses. But, the only burden that would be cast
upon the Courts in those cases is that the Courts have to be cautious while evaluating
the evidence to exclude the possibility of false implication. Relationship can never
be a factor to affect the credibility of the witness as it is always not possible
to get an independent witness. Sudhakar @ Sudharasan v. State Rep. by the Inspector
of Police, AIR 2018 SC 1372 : 2018 (1) ALD (Cri) 889 : 2018 (1) ALT (Cri) 397 :
2018 (2) Crimes 157 : 2018 CriLJ 1947 : 2018 (2) RLW 990 : 2018 (4) Scale 453 :
(2018) 5 SCC 435 : 2018 (2) SCC (Cri) 777 : 2018 (3) Supreme 725 Crl.A. No. 381 of 2018 12-03-2018
Evidence Law - Reports of the Forensic Science Laboratory - Ballistic Experts -
Samples collected from the scene of the offence had bloodstains of human origin
- However, since the bloodstains were disintegrated by the time the bloodstains
were examined by the Forensic Science Laboratory, the blood group could not be determined.
For the same, the accused cannot be unpunished, more particularly when the bloodstains
were found of human origin. Prabhu Dayal v. State of Rajasthan, 2018 CrLJ 3901
: 2018 (3) RCR (Criminal) 700 : 2018 (8) Scale 520 : (2018) 8 SCC 127 Crl.A. No. 2324 of 2014 04-07-2018
Evidence Law - Some minor contradiction or inconsistency in evidence cannot affect
the material evidence and such contradiction or inconsistency cannot be made basis
to discard the whole evidence as unreliable. Gorusu Nagaraju v. State of Andhra
Pradesh, AIR 2018 SC 1897 : 2018 (1) ALD (Cri) 904 : 2018 (2) Crimes 45 : 2018 (2)
JLJR 182 : JT 2018 (3) SC 547 : 2018 (2) PLJR 166 : 2018 (2) RCR (Criminal) 540
: 2018 (5) Scale 8 : 2018 (2) Supreme 765 Crl.A. No. 1032 of 2007 23-03-2018
Evidence Law - Test Identification Parade is not a substantive evidence. Its purpose
is only to help the investigating agency ascertain as to whether the investigation
in the case is heading in the right direction or not. There is no provision in CrPC
which obliges the investigating agency to hold or confer a right on the accused
to claim a test identification parade. Absence to hold it would not make inadmissible
the evidence of identification in court. Raju Manjhi v. State of Bihar, AIR 2018
SC 3592 : 2018 All.M.R.(Cri.) 4474 : 2018 CriLJ 4342 : 2018 (3) Crimes 477 : 2018
(3) JLJR 365 : JT 2018 (7) SC 429 : 2018 (9) Scale 360 : 2018 (6) SLT 296 Crl.A. No. 1333 of 2009 02-08-2018
Evidence Law - testimony of a witness cannot be discarded in toto merely due to
the presence of embellishments or exaggerations. Menoka Malik v. State of West
Bengal, AIR 2018 SC 4011 : 2018 (4) JLJR 31 : JT 2018 (8) SC 320 : 2018 (4) PLJR
69 : 2018 (10) Scale 234 http://bit.ly/CrlA1198of2006
28-08-2018
Evidence Law - The principle of ‘Falsus in uno falsus in omnibus’ has not been
accepted in our country - Even if some accused are acquitted on the ground that
the evidence of a witness is unreliable, the other accused can still be convicted
by relying on the evidence of the same witness - Minor contradictions and omissions
in the evidence of a witness are to be ignored if there is a ring of truth in the
testimony of a witness. State of Andhra Pradesh v. Pullagummi Kasi Reddy Krishna
Reddy @ Rama Krishna Reddy, 2018 (2) ALD (Cri) 346 : 2018 CriLJ 4357 : 2018 (8)
Scale 399 Crl.A. No. 2089-2090 of 2009 03-07-2018
Evidence Law - When a party relies upon any evidence, whether it is oral or documentary,
in support of his case, the Court / Committee / Authority, as the case may be, and
especially the original Court is under an obligation to apply its mind to the entire
documentary evidence on which the party has placed reliance for proving his case
and record its reasoned findings whether accepting the evidence or rejecting it.
Vilas Dinkar Bhat v. State of Maharashtra, 2018 (6) All.M.R. 455 : AIR 2018 SC
3776 : JT 2018 (7) SC 555 : 2018 (9) Scale 521 : (2018) 9 SCC 89 : 2018 (6) SLT
747 C.A. No. 2095 of 2007 10-08-2018
First Information Report - Although the FIR is not an encyclopedia of the
crime, absence of certain essential facts, which were conspicuously missing in the
FIR, pointed towards suspicion that the crime itself may be staged. Amar Nath
Jha v. Nand Kishore Singh, AIR 2018 SC 3597 : 2018 CriLJ 4351 : 2018 (3) Crimes
486 : 2018 (3) JLJR 361 : JT 2018 (7) SC 451 : 2018 (9) Scale 416 : (2018) 9 SCC
137 : 2018 (3) SCC (Cri) 723 Crl.A. No. 94 of 2013 03-08-2018
Food and Safety Standards Act, 2006 - A perusal of the provisions of the FSS Act would
make it clear that there is no bar for prosecution under the IPC merely because
the provisions in the FSS Act prescribe penalties. State of Maharashtra v. Sayyed
Hassan Sayyed Subhan, JT 2018 (9) SC 257 : 2018 (4) RCR (Criminal) 341
Crl.A. No. 1195 of 2018 20-09-2018
Forest Act, 1961 (Kerala) - Ss. 47H, 61A & 69 - Seizure of sandalwood,
sandalwood oil etc. and confiscation thereon - Power of confiscation of sandalwood
oil - Confiscation by Forest Officers in certain cases - Presumption that timber
or forest produce belongs to Government - Whether the High Court erred in upholding
the order of confiscation under Section 61-A of the Act and whether confiscation
of sandalwood oil can be ordered under Section 61A or 69 of the Act - Held, The
present case being related to the situation prior to the time of amendment in 2010
was made, the amended provisions do not apply. Hence, the order of confiscation
of sandalwood oil is liable to be set aside. Standard Essential Oil Industries
v. Forest Range Officer Kasargod, 2018 (8) FLT 521 : 2018 (2) KLT 790 : 2018 (6)
Scale 364 C.A. No. 1747 of 2008 19-04-2018
Forest Act, 1963 (Karnataka) - Ss. 62C & 87 - Penal Code, 1860 - Ss. 379
& 34 - found transporting sandalwood in their private vehicles - Noncompliance
of Section 62C - officer concerned should have been authorised by the Government
and should have received training for examining the forest produce - concerned forest
officers have nowhere stated in their evidence that they were duly authorised by
the State Government and competent to issue the certificates in question - prosecution
has failed to prove that the requirements as contemplated under Section 62C of the
Act - the High Court was right in setting aside the order of conviction and sentence
passed by the trial Court by reaching to the conclusion that the offence under Section
87 of the Act cannot be said to have been established against the accused in accordance
with law. State of Karnataka v. Prakash, 2018 (13) Scale 666 Crl.A. No. 466 of 2012 30-08-2018
Honour Killing - Right to marry person of one’s choice - When two adults consensually
choose each other as life partners, it is a manifestation of their choice which
is recognized under Arts. 19 and 21; Shakti Vahini v. Union of India, AIR 2018
SC 1601 : 2018 (2) ALD (Cri) 144 : 2018 (4) ALD 1 : 2018 (3) All.M.R. 915, 2018
(2) Crimes 205 : 2018 (2) JLJ 1 : 2018 (5) Scale 51 : (2018) 7 SCC 192 : 2018 (3)
Supreme 100 W.P. (C) No. 231 of 2010 27-03-2018
Identification of Prisoners Act, 1920 - Ss. 3, 4, 5 & 8 - It is not necessary for
the Police officer to obtain an order from a Magistrate for obtaining specimen of
fingerprints. Sonvir @ Somvir v. State of Delhi, 2018 CriLJ 3624 : 2018 (3) RCR
(Criminal) 767 : 2018 (8) Scale 311 Crl.A. No. 958 of 2017 02-07-2018
Juvenile Justice (Care and Protection of Children)
Act, 2015 - High Court to seriously
consider establishing child friendly courts and vulnerable witness courts in each
district. Sampurna Behrua v. Union of India, 2018 (2) AWC 1734 : 2018 (2) Bom.C.R.
561 : 2018 (1) Crimes 21 : 2018 (2) MLJ (Cri) 94 : 2018 (2) Scale 209 : (2018) 4
SCC 433 : 2018 (2) SLT 20 : 2018 (1) Supreme 642 W.P. (C) No. 473 of 2005 09-02-2018
Life Imprisonment - Life sentence should be with a cap of 20 years’
rigorous imprisonment (RI) which would mean that the appellant shall not be entitled
to make any representation for remission till he completes 20 years of RI. Jitendra
@ Jeetu v. State of Madhya Pradesh, 2018 (15) Scale 333 R.P. (Crl.) No. 324 of 2015 01-11-2018
Mahatma Gandhi Assassination Case - Reopening of long concluded matters based on hearsay
evidence - Not maintainable. Dr. Pankaj Kumudchandra Phadnis v. Union of India,
2018 (2) Crimes 223 : JT 2018 (3) SC 601 : 2018 (5) Scale 171 : 2018 (3) Supreme
128 bit.ly/SLP8293of2018 28-03-2018
Murder Trial - Relationship of Witness with the deceased cannot be the reason for
doubting the testimony of the Witness - relationship is not a ground affecting the
credibility of a witness. Motiram Padu Joshi v. State of Maharashtra, 2018 CriLJ
3736 : 2018 (3) PLJR 349 : 2018 (8) Scale 704 : 2018 (3) SCC (Cri) 738 bit.ly/CrlA1479of2015 10-07-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - For proving the offence under the NDPS Act, it
is necessary for the prosecution to establish that the quantity of the contraband
goods allegedly seized from the possession of the accused and the best evidence
would be the court records as to the production of the contraband before the Magistrate
and deposit of the same before the Malkhana or the document showing destruction
of the contraband. Mohinder Singh v. State of Punjab, AIR 2018 SC 3798 : 2018
CriLJ 4213 : 2018 (3) Crimes 227 : 2018 (3) JLJR 440 : JT 2018 (8) SC 46 : 2018
(3) MLJ (Cri) 748 : 2018 (4) PLJR 29 : 2018 (4) RCR (Criminal) 62 : 2018 (9) Scale
647 Crl.A. No. 2182 of 2010 14-08-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - It is imperative that the law the Court should
follow for awarding conviction under the provisions of N.D.P.S. Act is “stringent
the punishment stricter the proof.” In such cases, the prosecution evidence has
to be examined very zealously so as to exclude every chance of false implication.
State of Himachal Pradesh v. Trilok Chand, AIR 2018 SC 609 : 2018 (1) ALD (Cri)
579 : 2018 (1) ALT (Cri) 280 : 2018 (2) Bom.C.R.(Cri.) 531 : 2018 (1) Crimes 79
: 2018 (1) JCC (Narcotics) 15 : 2018 (1) JKJ 138 : JT 2018 (1) SC 478 : 2018 (2)
RCR (Criminal) 641 : 2018 (1) Scale 458 : (2018) 2 SCC 342 : 2018 (1) SCC (Cri)
714 : 2018 (1) Supreme 326 Crl.A. No. 2133 of 2011 17-01-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - S. 50 - It is Mandatory to prove Search &
Recovery in the Presence of a Magistrate or a Gazetted Officer. Arif Khan @ Agha
Khan v. State of Uttarakhand, AIR 2018 SC 2123 : 2018 (2) ALD (Cri) 10 : 2018 (2)
Bom.C.R. (Cri.) 813 : 2018 (2) JKJ 43 : JT 2018 (4) SC 532 : 2018 (2) KLT SN 57
(C. No. 67) : 2018 (2) MPWN 193 : 2018 (2) RCR (Criminal) 931 : 2018 (6) SCALE 456
bit.ly/CrlA273of2007 27-04-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - S.18 - Informant and the investigator must not
be the same person. Mohan Lal v. State of Punjab, Mohan Lal v. State of Punjab,
2018 (3) Crimes 218 : 2018 (3) JKJ 3 : 2018 (3) JLJR 393 : JT 2018 (8) SC 53 : 2018
(4) MLJ (Cri) 244 : 2018 (2) OLR 485 : 2018 (3) PLJR 419 : 2018 (4) RCR (Criminal)
101 Crl.A. No. 1880 of 2011 16-08-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - Search & Seizure - alleged recovery of contraband
from suitcase - the statements of the independent panch witnesses depict a different
picture than the one portrayed by the official witness - not proved beyond reasonable
doubt - reversal of conviction by High Court was confirmed. Union of India v.
Leen Martin, AIR 2018 SC 991 : 2018 (103) AllCC 649 : 2018 (1) ALT (Cri) 394 : 2018
All.M.R.(Cri.) 1361 : 2018 (1) Crimes 128 : 2018 (2) JCC 102 : 2018 (3) JKJ 181
: 2018 (2) MLJ(Cri) 469 : 2018 (2) RCR (Criminal) 122 : (2018) 4 SCC 490 : 2018
(2) Supreme 505 : 2018 (1) UC 469 Crl.A. No. 2150 of 2011 01-02-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - Search of the bag as well as trousers - Since
the search of the person was also involved, Section 50 would be attracted. Sk
Raju @ Abdul Haque @ Jagga v. State of West Bengal, AIR 2018 SC 4255 : 2018 (4)
Crimes 147 : 2018 (3) JKJ 74 : JT 2018 (8) SC 425 : 2018 (10) Scale 730 : (2018)
9 SCC 708 Crl.A. No. 459 of 2017 05-09-2018
Narcotic Drugs and Psychotropic Substances Act, 1985 - Ss. 21 & 22 - Drugs and Cosmetics Act, 1940
- the N.D.P.S Act, should not be read in exclusion to Drugs and Cosmetics Act, 1940.
State of Punjab v. Rakesh Kumar, Crl.A. No. 1512 of 2018 03-12-2018
Narcotics Drugs and Psychotropic substances Act,
1985 - Quantity involved in this
case is only 14 Kgs. of Ganja, which is a non-commercial quantity - the appellant
is not involved in any other case - the appellant should be released on bail, pending
trial.. Birbal Prasad v. State of Bihar, 2018 All.M.R. (Cri.) 2293 : 2018 (2)
RCR (Criminal) 121 : (2018) 11 SCC 488 : JT 2018 (3) SC 64 : 2018 (1) Scale 642
Crl.A. No. 175 of 2018 25-01-2018
Narcotics, Drugs and Psychotropic Substances Act
1985 - It was incumbent on the
part of the prosecution to lead the evidence to show as to how and in what conditions
the articles were preserved at the Police Station and how safely they were taken
from there to the respective chemical examiners by its carriers. State of Uttar
Pradesh v. Hansraj @ Hansu, JT 2018 (9) SC 193 : 2018 (4) RCR (Criminal) 813 : 2018
(7) SLT 417 Crl.A. No. 997 of 2009 12-09-2018
National Security Act, 1980 - Ss. 3(4) & 8 - Power to make orders detaining
certain persons - Grounds of order of detention to be disclosed to persons affected
by the order - meaning and scope of the term “forthwith” used in Section 3(4) of
the Act. Hetchin Haokip v. State of Manipur, Crl.A. No. 911 of 2018 20-07-2018
Negotiable Instruments Act, 1881 - S.138 - accused shall pay an additional compensation
amount of Rs.1,00,000/ to the complainant in lieu of simple imprisonment for 3 months.
P. Ramadas v. State of Kerala, 2018 (1) ALD (Cri) 577 : 2018 (103) AllCC 617
: 2018 (1) ALT (Cri) 403 : 2018 (2) Bom.C.R.(Cri.) 433 : 2018 (1) Crimes 143 : JT
2018 (2) SC 412 : 2018 (2) RCR (Criminal) 529 : 2018 (3) Scale 62 : (2018) 3 SCC
287 : 2018 (2) SCC(Cri) 47 : 2018 (1) Supreme 756 : 2018 (1) UC 456 Crl.A. No. 271 of 2018 19-02-2018
Negotiable Instruments Act, 1881 - S.138 - Conviction and Sentence - the cheque amount
has already been paid and it is acknowledged by the respondent - set aside the conviction
and sentence imposed on the appellant and allow the appeal. N.P. Murugesan v.
C. Krishnamurthy, 2018 (9) Scale 43 Crl.A. No. 818 of 2018 04-07-2018
Negotiable Instruments Act, 1881 - S.138 - Criminal P.C. 1973 - Ss. 397 & 401
- Scope of - Ground for exercising the revisional jurisdiction by the High Court.
Kishan Rao v. Shankargouda, 2018 (3) JCC 198 : 2018 (3) JKJ 22 : 2018 (2) DCR
401 : 2018 (2) OLR 733 : 2018 (3) PLJR 313 : 2018 (3) RCR (Criminal) 746 : (2018)
8 SCC 165 : 2018 (3) SCC (Cri) 544 Crl. A. No. 803 of 2018 02-07-2018
Negotiable Instruments Act, 1881 - S.138 - Criminal P.C. 1973 - S.401 - High Court'
s Powers of revisions - Revision against Conviction - Condition of deposit of 1/4th
of the cheque amount - Senior Citizen - High Court to dispose of the Revision Petition
expeditiously preferably within six months - the interim direction issued by the
High Court for deposit of 1/4th of the cheque amount is vacated. M.V. Amreeth
v. K. Venkata Krishna, 2018 (3) RCR (Criminal) 293 : 2018 (8) Scale 629 : (2018)
8 SCC 118 Crl.A. No. 747 of 2018 15-05-2018
Negotiable Instruments Act, 1881 - S.138 - parties have settled their disputes and
the cheque amount has been received - appeals are allowed and the conviction and
sentence imposed on the appellant(s) is set aside. Bhangu Trading Company v.
Surjit Singh, Crl.A. No. 808 of 2018 02-07-2018
Negotiable Instruments Act, 1881 - Ss. 138 & 139 - Two cheques were issued towards
the discharge of an existing liability and legally enforceable debt - Respondent
having admitted that the cheques and Pronote were signed by him, the presumption
under S.139 would operate - Respondent failed to rebut the presumption by adducing
any cogent or credible evidence. Hence, his defence is rejected. T.P. Murugan
(dead) Thr. Lrs. v. Bojan, 2018 (3) JKJ 67 Crl.A. No. 950 of 2018 31-07-2018
Nirbhaya Rape Case - Review Petition - juvenile at the time of the
commission of the offence - The trial court on being fully satisfied that petitioner
is not a juvenile has rightly rejected the application for ossification test submitted
by petitioner No.1. There is no substance in this submission and no ground is made
out to review the judgment. Vinay Sharma v. State of NCT of Delhi, 2018 (8) SCC
186 R.P.(Crl.) No. 671 of 2017 09-07-2018
Penal Code, 1860 - Accused had acted in self defence which is proved
to have exceeded, the conviction of the appellants under Section 302 I.P.C. has
to be modified. As the occurrence happened in a free fight between both the parties,
conviction of the appellants under Section 302 I.P.C. is modified to Section 304
Part II I.P.C. Manphool Singh v. State of Haryana, AIR 2018 SC 3995 Crl.A. No. 1817 of 2009 16-08-2018
Penal Code, 1860 - Exception 4 to Section 300 IPC. Gurwinder Singh
@ Sonu v. State of Punjab, AIR 2018 SC 2277 : 2018 (3) Bom.C.R.(Cri.) 57 : 2018
CriLJ 2974 : 2018 (2) JKJ 162 : JT 2018 (5) SC 30 : 2018 (2) MPWN 148 : 2018 (2)
RCR (Criminal) 980 : 2018 (4) SLT 73 Crl.A. No. 2301 of 2014 08-05-2018
Penal Code, 1860 - Ingredients and applicability of Exception 4 to
S. 300. Manoj Kumar v. State of H.P., AIR 2018 SC 2693 : 2018 (2) JKJ 80 : JT
2018 (6) SC 107 : 2018 (7) SCALE 434 : (2018) 7 SCC 327 Crl.A. No. 795 of 2011 15-05-2018
Penal Code, 1860 - Injuries inflicted clearly show that the intention
of the appellants in inflicting the fatal injury. Upon consideration of the evidence
of the eye witnesses and the nature of injuries, the Trial Court as well as the
High Court recorded concurrent findings that the accused are liable to the convicted
under Section 302 IPC. Pappu @ Hans Raj v. State of Punjab, 2018 (4) Crimes 97
: JT 2018 (10) SC 363 Crl.A. No. 1349 of 2015 03-10-2018
Penal Code, 1860 - Right to Private Defence - absence of good faith
in exercise of right of private defence - causing disproportionate harm and exceeding
right to private defence is amply clear. In cases of disproportionate harm leading
to death of the aggressor, sentence under Section 304 Part I is the appropriate
sentence. Jangir Singh v. State of Punjab, 2018 (15) SCALE 88 Crl.A. No. 2499 of 2009 31-10-2018
Penal Code, 1860 - S. 201 - Causing disappearance of evidence of
offence, or giving false information to screen offender - a charge under Section
201 of the IPC can be independently laid and conviction maintained also, in case
the prosecution is able to establish that an offence had been committed, the person
charged with the offence had the knowledge or the reason to believe that the offence
had been committed, the said person has caused disappearance of evidence and such
act of disappearance has been done with the intention of screening the offender
from legal punishment. Mere suspicion is not sufficient, it must be proved that
the accused knew or had a reason to believe that the offence has been committed
and yet he caused the evidence to disappear so as to screen the offender. The offender
may be either himself or any other person. Dinesh Kumar Kalidas Patel v. State
of Gujarat, 2018 (103) AllCC 597 : 2018 (1) ALD (Cri) 568 : 2018 (2) ALT(Cri) 297
: AIR 2018 SC 951 : 2018 (2) Bom.C.R. (Cri.) 319 : 2018 (2) Crimes 295 : 2018 (1)
DMC 812 : 2018 (2) GujLR 1656 : 2018 (2) JCC 1054 : 2018 (2) JLJR 288 : JT 2018
(2) SC 268 : 2018 (1) OLR 766 : 2018 (2) PLJR 297 : 2018 (2) SCALE 425 : (2018)
3 SCC 313 : 2018 (2) SCC(Cri) 55 : 2018 (2) SLT 63 : 2018 (3) Supreme 472 Crl.A. No. 265 of 2018 12-02-2018
Penal Code, 1860 - S. 302 - Charge of killing his own father - Sentenced
to life imprisonment - Conduct of the appellant in absconding till he was arrested,
and abstaining during the funeral rites of his father, was completely contrary to
normal human conduct, and is therefore considered an additional incriminating factor
against the appellant. Basavaraj @ Basavannappa Parmeshwar Bangargir v. State
of Maharashtra, JT 2018 (9) SC 427 : 2018 (13) Scale 581 Crl.A. No. 114 of 2012 01-10-2018
Penal Code, 1860 - S. 302 - in case the appellants have completed
14 years in jail, including the remission, subject to their jail conduct being satisfactory,
they shall be released on bail, subject to such conditions as may be imposed by
the trial court, pending a final decision for premature release. Mehboob v. State
of Maharashtra, 2018 (4) Crimes 119 : JT 2018 (10) SC 303 : 2018 (14) Scale 476
Crl.A. No. 277 of 2016 11-10-2018
Penal Code, 1860 - S. 302 - Life Imprisonment - exchange of hot words
- inflicted injuries with wooden rod of the axe - inflicted four to five injuries
- no premeditation or intention of committing the murder - conviction under Section
302 I.P.C. is modified to Section 304 Part-I I.P.C. and the sentence awarded is
reduced to the period already undergone. Subhash Gangadhar Jadhav v. State of
Maharashtra, Crl.A. No. 1576 of 2018 07-12-2018
Penal Code, 1860 - S. 302 - Medical Evidence did not conclusively
prove homicidal death - Such view, being a plausible view, needed no interference.
State of Karnataka v. Srinivasa, AIR 2018 SC 3975 : JT 2018 (8) SC 88 : 2018
(9) Scale 674 : (2018) 9 SCC 460 : 2018 (3) SCC (Cri) 763 Crl.A. No. 1496 of 2013 14-08-2018
Penal Code, 1860 - S. 302 - Murder was not a premeditated one - Not
have any intention to kill - Conviction under Section 302 IPC is set aside - However,
convicted under Section 304 (Part II) IPC and sentenced to undergo imprisonment
for a period of seven years. Hansaram v. State of Chhattisgarh, 2018 (4) Bom.C.R.(Cri.)
31 : 2018 (3) RCR (Criminal) 689 : 2018 (8) Scale 532 Crl.A. No. 341 of 2018 04-07-2018
Penal Code, 1860 - S. 302 - Occurrence took place in the heat of
the moment - genesis of the occurrence was a single assault - duration of the entire
episode was less than 2 minutes - assault was made without pre-meditation at the
spur of time - it was not safe to convict the accused for murder - he had knowledge
that such assault was likely to cause death - conviction of the accused was liable
to be modified from S.302 to S.304 Part II. Deepak v. State of U.P., AIR 2018
SC 3568 : 2018 CriLJ 4341 : 2018 (3) Crimes 473 : JT 2018 (7) SC 345 : 2018 (9)
Scale 382 : (2018) 8 SCC 228 : 2018 (6) SLT 379 Crl.A. No. 545 of 2011 01-08-2018
Penal Code, 1860 - S. 302 - victim is the real brother of the appellant
- it is a case of a quarrel between two brothers and having regard to the fact that
the appellant has, in any case, spent around 20 years of actual imprisonment, we
direct the State to consider and take a decision on the premature release of the
appellant. Suganlal v. State of Madhya Pradesh, 2018 (4) Crimes 119 Crl.A. No. 1059 of 2011 10-10-2018
Penal Code, 1860 - S. 302 - victim is the real brother of the appellant
- appellant has already served around 11 years in jail - direct the respondent/State,
having regard to the peculiar factual circumstances available in this case, to consider
the case of the appellant for premature release on completion of total sentence
of 14 years including remission, as a special case. Raja v. State of Maharashtra,
2018 (4) Crimes 118 : JT 2018 (11 ) SC 297 Crl.A. No. 1419 of 2011 10-10-2018
Penal Code, 1860 - S. 302 &148 - Bombay Police Act - 135(1).
Vinubhai Ranchhodbhai Patel v. Rajivbhai Dudabhai Patel, AIR 2018 SC 2472 : 2018
(7) Scale 474 bit.ly/CrlA1525of2009 16-05-2018
Penal Code, 1860 - S. 302, 323 & 324 - Culpable Homicide - Voluntary
causing hurt by dangerous weapons or means - Acquittal. Kumar v. State Rep. By
Inspector of Police, AIR 2018 SC 2386 : 2018 (2) JKJ 48 Crl.A. No. 409 of 2017 11-05-2018
Penal Code, 1860 - S. 304 (II) - it is not always incumbent upon
the prosecution to explain the injuries of the accused persons. The prosecution
is obligated to explain the injuries of the accused persons only if the injuries
sustained by the accused are grievous in nature. K. Ravichandra v. State of Karnataka,
2018 (4) RCR (Criminal) 308 Crl.A. No. 176 of 2009 06-09-2018
Penal Code, 1860 - S. 304B - Essential ingredients of - “soon before”
occurring in Section 304-B. Jagjit Singh v. State of Punjab, 2018 (3) DMC 325 :
JT 2018 (10) SC 416 : 2018 (4) RCR (Criminal) 568 : 2018 (14) Scale 71 Crl.A. No. 408 of 2017 26-09-2018
Penal Code, 1860 - S. 306 - Conviction of father-in-law - the deceased
was subjected to harassment at the hands of the accused - Appeal dismissed. Kanailal
Sarkar v. State of West Bengal, JT 2018 (10) SC 262 : 2018 (15) Scale 52 Crl.A. No. 1597 of 2009 04-10-2018
Penal Code, 1860 - S. 306 - Suicide - Having advanced the money to
the deceased, the accused might have uttered some abusive words; but that by itself
is not sufficient to constitute the offence under Section 306 I.P.C. M. Arjunan
v. State rep. by its Inspector of Police, Crl.A. No. 1550 of 2018 04-12-2018
Penal Code, 1860 - S. 306 - Suicide Note - At this juncture when
the investigation was yet to be completed and charge-sheet, if any, was yet to be
filed, the High Court ought not to have gone into the aspect whether there was requisite
mental element or intention on part of the respondent. Narayan Malhari Thorat
v. Vinayak Deorao Bhagat, JT 2018 (11) SC 410 : 2018 (15) Scale 296 Crl.A. No. 1487 of 2018 28-11-2018
Penal Code, 1860 - S. 325 - In the counter case, the first accused,
who had also been sentenced to one year imprisonment under Section 325 IPC, in respect
of the same incident, has been given a lighter sentence of imprisonment till the
rising of the court in the National Lok Adalat - the punishment imposed on the appellant
also needs to be modified to the extent that the same shall be limited to the period
already undergone. Naresh v. State of Madhya Pradesh, 2018 (3) Crimes 86
Crl.A. No. 272 of 2018 15-02-2018
Penal Code, 1860 - S. 326 - Correctness of the conviction and the
nature of the offence - Though the stick wielded by the appellant has been marked
as MO1, there is no material to show that the stick that was wielded by the appellant
was a dangerous weapon - In the absence of such evidence the conviction of the appellant
under Section 326 may not be warranted; but the offence would fall under Section
325 IPC, “voluntarily causing grievous hurt”. C.R. Kariyappa v. State of Karnataka,
AIR 2018 SC 4312 : JT 2018 (8) SC 576 : 2018 (4) RCR (Criminal) 248 : 2018 (11)
Scale 40 : 2018 (7) SLT 720 Crl.A. No. 781 of 2009 05-09-2018
Penal Code, 1860 - S. 366 - Kidnapping, abducting or inducing woman
to compel her marriage, etc - Ingredients of - To constitute an offence under Section
366 IPC, it is necessary for the prosecution to prove that the accused induced the
complainant woman or compelled by force to go from any place, that such inducement
was by deceitful means, that such abduction took place with the intent that the
complainant may be seduced to illicit intercourse and/or that the accused knew it
to be likely that 8 the complainant may be seduced to illicit intercourse as a result
of her abduction. Mere abduction does not bring an accused under the ambit of this
penal section. So far as charge under Section 366 IPC is concerned, mere finding
that a woman was abducted is not enough, it must further be proved that the accused
abducted the woman with the intent that she may be compelled, or knowing it to be
likely that she will be compelled to marry any person or in order that she may be
forced or seduced to illicit intercourse or knowing it to be likely that she will
be forced or seduced to illicit intercourse. Unless the prosecution proves that
the abduction is for the purposes mentioned in Section 366 IPC, the Court cannot
hold the accused guilty and punish him under Section 366 IPC. Kavita Chandrakant
Lakhani v. State of Maharashtra, AIR 2018 SC 2099 : 2018 (2) ALD (Crl.) 4 : 2018
All.M.R. (Crl.) 2287 : 2018 (3) Bom.C.R. (Crl.) 218 : 2018 (2) JKJ 60 : JT 2018
(4) SC 478 : 2018 (6) Scale 416 : (2018) 6 SCC 664 Crl.A. No. 459 of 2016 24-04-2018
Penal Code, 1860 - S. 377 - The Constitution – an organic charter
of progressive rights - Transformative constitutionalism and the rights of LGBT
community - Constitutional morality and Section 377 IPC - Perspective of human dignity
- Sexual orientation - Privacy and its concomitant aspects - Doctrine of progressive
realization of rights - International perspective - Other Courts / Jurisdictions
- Comparative analysis of Section 375 and Section 377 IPC - The litmus test for
survival of Section 377 IPC. Navtej Singh Johar v. Union of India Thr. Secretary
Ministry of Law and Justice, AIR 2018 SC 4321 : 2018 (3) Crimes 233 : 2018 (10)
Scale 386 : 2018 (10) SCC 1 : 2018 (7) SLT 89 : 2018 (6) Supreme 577 W.P. (Crl.) No. 76 of 2016 06-09-2018
Penal Code, 1860 - S. 498A - Prohibition of Harassment of Women Act,
1998 (Tamil Nadu) - S.4-A(1)(2)(i). Manoharan v. State of Tamil Nadu, AIR 2018
SC 2322 : JT 2018 (5) SC 122 : 2018 (4) SLT 224 : 2018 (3) RCR (Criminal) 291 :
2018 (7) SCALE 310 Crl.A. No. 1340 of 2013 09-05-2018
Penal Code, 1860 - S. 498A & 306 r/w. 34 - Reduction of Sentence
- appellant, who is the sister-in-law of the deceased - appellant being a married
lady and by and large has been residing only with her husband at Nasik is having
two grown up children to be taken care and her family - the sentence of imprisonment
of five years imposed upon the appellant for the offence under Section 306 I.P.C.
is reduced to a period of two years. Sangita @ Rekha Sambhaji Malode v. State
of Maharashtra, JT 2018 (9) SC 192 Crl.A. No. 899 of 2009 12-09-2018
Penal Code, 1860 - S.302 - Criminal P.C. 1973 - S. 386 (b) - Murder
- Remand - Powers of the Appellate Court. Kanubhai Bhagvanbhai Nayak v. State
of Gujarat, Crl.A. No. 1540 of 2018 03-12-2018
Penal Code, 1860 - S.302 - dying declaration - intrinsic worth and
reliability of dying declaration can generally be judged from its tenor and contents
themselves. State of Rajasthan v. Ganwara, 2018 (11) Scale 261 Crl.A. No. 1018 of 2010 28-08-2018
Penal Code, 1860 - S.302 - dying declaration - there are inconsistencies
between the statement of deceased to Doctor and dying declaration recorded by the
Tehsildar - benefit of doubt to be given to the accused - When there are two reasonable
views and the High Court has adopted one such view which is a plausible one, do
not find any substantial ground warranting interference with the order of the acquittal.
State of Madhya Pradesh v. Shabana Bi, 2018 (4) RCR (Criminal) 454 Crl.A. No. 1791 of 2011 29-08-2018
Penal Code, 1860 - S.302 - For the offence of murder, minimum sentence
is ‘life imprisonment’. For that reason, obviously, the High Court could not have
modified the sentence to the one already undergone. Therefore, modification in the
aforesaid manner as done by the High Court was clearly erroneous. Jitendra @
Kalla v. State of Govt. of NCT of Delhi, AIR 2018 SC 5253 : JT 2018 (11) SC 355
: 2018 (14) Scale 305 Crl.A. No. 2133 of 2017 25-10-2018
Penal Code, 1860 - S.302 - It was further submitted that when one
batch of appeals preferred by one set of accused in which conviction was confirmed
and appeals preferred by another set of accused similarly situated were allowed
acquitting them, the Court should lean in favour of the accused - not inclined to
accept the submissions since criminal appeal preferred by the similarly situated
accused was already dismissed. Subhash Mahto v. State of Bihar, Crl.A. No. 1690 of 2015 19-09-2018
Penal Code, 1860 - S.302 - Murder of husband and his sister, by his
wife and her family members - Evidence of ocular witnesses was found consistent
and inspired confidence - Conviction Confirmed; Ganapathi v. State of Tamil Nadu,
AIR 2018 SC 1635 : 2018 (2) JKJ 113 : JT 2018 (3) SC 565 : 2018 (2) RCR (Criminal)
636 : 2018 (5) Scale 41 : (2018) 5 SCC 549 : 2018 (2) SCC (Cri) 793 : 2018 (1) UC
529 Crl.A. No. 1312 of 2008 27-03-2018
Penal Code, 1860 - S.302 - Offence of Murder - Any punishment less
than the life imprisonment, as prescribed under Section 302 IPC, if awarded by any
Court is per se illegal and without authority of law. Bharatkumar Rameshchandra
Barot v. State of Gujarat, AIR 2018 SC 1598 : 2018 (1) ALD (Cri) 768 : 2018 (2)
Bom.C.R. (Cri.) 575 : 2018 CriLJ 3684 : 2018 (2) JCC 759 : JT 2018 (3) SC 553 :
2018 (2) MPWN 1 : 2018 (2) RCR (Criminal) 546 : 2018 (5) Scale 35 : 2018 (1) UC
547 Crl.A. No. 448 of 2018 26-03-2018
Penal Code, 1860 - S.302 - Sentenced to life imprisonment for the
death of his wife at home by burn injuries - appeal is dismissed - the appellant
has completed approximately 15 years of custody - order be forwarded to the Maharashtra
State Legal Services Authority so that necessary assistance is made available to
the appellant through the concerned District Legal Services Authority with regard
to the consideration for remission in accordance with law, if the appellant, so
desires. Bhagwat v. State of Maharashtra, 2018 (15) Scale 69 Crl.A. No. 1046 of 2011 19-09-2018
Penal Code, 1860 - S.304 (Part I) - not having intention to commit
murder - act was to cause bodily injury which was likely to cause death - he would
be responsible for commission of culpable homicide not amounting to murder punishable.
State of Madhya Pradesh v. Gangabishan @ Vishnu, 2018 (9) Scale 224 Crl.A. No. 2393 of 2009 27-07-2018
Penal Code, 1860 - S.307 - Attempt to murder - Injury was dangerous
to life and the patient could have died if he had not been given proper treatment
- conviction under Section 307 I.P.C. is justified. Rakesh v. State of Haryana,
Crl.A. No. 1869 of 2017 10-10-2018
Penal Code, 1860 - S.364A - Kidnapping. State of Haryana v. Sunder
Pal, Crl.A. No. 567 of 2010 31-10-2018
Penal Code, 1860 - S.376 - the prosecutrix being a young girl aged
about nine years, had no reason to falsely implicate the accused - the prosecutrix
was reluctant to go back to the house of her aunt and complained the act of sexual
intercourse committed by the accused to her teachers - High Court has not appreciated
the evidence of the prosecutrix in the light of the well-settled principles and
erred in reversing the conviction of the accused to the acquittal. State of Himachal
Pradesh v. Manga Singh, Crl.A. No. 1481 of 2018 28-11-2018
Penal Code, 1860 - S.376(2)(f) - Prosecutrix turned hostile contending
that she had suffered injury in a fall - Mere fact that the victim may have turned
hostile, is not relevant and does not efface the evidence with regard to the sexual
assault upon her and the identification of the appellant as the perpetrator. Hemudan
Nanbha Gadhvi v. State of Gujarat, JT 2018 (9) SC 412 : 2018 (4) RCR (Criminal)
448 : 2018 (13) Scale 649 Crl.A. No. 913 of 2016 28-09-2018
Penal Code, 1860 - S.376(2)(g) - Even assuming that the prosecutrix
was of easy virtue, she has a right of refuse to submit herself to sexual intercourse
to anyone. State (Govt. of NCT of Delhi) v. Pankaj Chaudhary, AIR 2018 SC 5412
: JT 2018 (11) SC 43 : 2018 (14) Scale 423 Crl.A. No. 2299 of 2009 30-10-2018
Penal Code, 1860 - S.497 IPC is unconstitutional and adultery should
not be treated as an offence. Joseph Shine v. Union of India, 2018 All. M.R.
(Cri.) 4065 : 2018 (4) Crimes 1 : 2018 (3) JLJ 515 : JT 2018 (9) SC 467 : 2018 (4)
MLJ(Cri) 369 : 2018 (4) RCR (Criminal) 480 : 2018 (11) Scale 556 : 2018 (7) SLT
470 W.P. (Crl.) No. 194 of 2017 27-09-2018
Penal Code, 1860 - S.498A - Directions pertaining to constitution
of a Committee and conferment of power on the said Committee is erroneous. Social
Action Forum for Manav Adhikar v. Union of India Ministry of Law and Justice, AIR
2018 SC 4273 : 2018 (3) Crimes 503, JT 2018 (9) SC 162 : 2018 (4) KHC 580 : 2018
(11) Scale 191 : 2018 (7) SLT 287 bit.ly/WPC73of2015 14-09-2018
Penal Code, 1860 - Ss, 376, 342, 493, 506 & 354 (C) - Cancellation
of Bail. Ms. X v. State of Telangana, AIR 2018 SC 2466 : 2018 (7) Scale 494 :
2018 (3) RCR (Criminal) 101 bit.ly/CrlA716of2018 17-05-2018
Penal Code, 1860 - Ss. 143, 341, 323, 308 332 & 353 - Criminal
P.C. 1973 - S. 438. Prem Giri v. State of Rajasthan, AIR 2018 SC 2145 : 2018
(2) Crimes 332 : JT 2018 (4) SC 582 : 2018 (3) RCR (Criminal) 3 : 2018 (6) Scale
577 : (2018) 6 SCC 571 : 2018 (4) SLT 147 Crl.A. No. 662 of 2018 02-05-2018
Penal Code, 1860 - Ss. 147, 148 & 302/149 - Arms Act, 1959 -
S. 25 - Appeal against Conviction and Sentence - not preferred by 1 accused - Financial
Constraint - case is similar to that of other accused - suo moto cognizance by Court
- Entitled to acquittal by giving him benefit of doubt. Farida Begum v. State
of Uttarakhand, Crl.A. No. 1560 of 2013 04-12-2018
Penal Code, 1860 - Ss. 147, 148, 323, 504, 307 r/w. 149 - Criminal
P.C. 1973 - S. 374 (2) - Appeal - imprisonment for a period of three years - reducing
the sentence - respondents have already undergone some period in jail - incident
occurred in the year 2007 - since the parties have purchased peace - no further
sentence of incarceration needs to be imposed - accused should be visited with a
higher amount of fine, which shall be paid to the victim. State of Karnataka
v. Kaisarbaig, Crl.A. No. 215 of 2018 02-02-2018
Penal Code, 1860 - Ss. 148, 307 / 149 & 302 / 149 - ocular evidence
of the two eye witnesses stands fully corroborated by the medical evidence - the
accused persons have not challenged the postmortem examination reports of the victims
during the cross examination wherein it is clearly stated that, the victims had
an unnatural death pursuant to the injuries caused to them by means of weapons such
as tangi, sword, lathis etc. - P.W. 3 and 4, were present at the site of occurrence
and have expressed awareness about the death of deceased persons - both the Courts
below have rightly convicted the accused. Sk. Khabir v. State of West Bengal,
2018 (14) Scale 734 Crl.A. No. 1289 of 2012 10-10-2018
Penal Code, 1860 - Ss. 149, 201 & 302 - Railway Property (Unlawful
Possession) Act, 1966 - S. 3. Kameshwar Singh v. State of Bihar, AIR 2018 SC
1916 : 2018 (103) AllCC 602 : 2018 (2) Crimes 53 : 2018 CriLJ 2533 : 2018 (2) JCC
859 : JT 2018 (4) SC 227 : 2018 (5) Scale 412 : (2018) 6 SCC 433 : 2018 (3) Supreme
550 Crl.A. No. 903 of 2012 09-04-2018
Penal Code, 1860 - Ss. 201, 302 & 304 - Considering the nature
of offence and the trivial reason for which the appellant got enraged and assaulted
H, that too by a knife and also gave multiple blows, does not warrant a light punishment.
Atul Thakur v. State of Himachal Pradesh, AIR 2018 SC 570 : 2018 (1) ALD (Cri)
729 : 2018 All.M.R. (Cri.) 1372 : 2018 (1) Crimes 16 : 2018 (1) JKJ 189 : JT 2018
(1) SC 457 : 2018 (1) Scale 394 : (2018) 2 SCC 496 : 2018 (1) SCC (Cri) 743 : 2018
(1) SLT 776 : 2018 (1) Supreme 144 : 2018 (1) UC 228 Crl.A. No. 522 of 2016 19-01-2018
Penal Code, 1860 - Ss. 228A, 376, 376A, 376AB, 376B, 376C, 376D,
376DA, 376DB or 376E - Criminal P.C. 1973 - S. 327 - Protection of Children from
Sexual Offences Act, 2012 - Ss. 23, 24, 33, 74 - Disclosure of identity of the victim
of certain offences etc. - Victims of the Offence of Rape - No person can print
or publish in print, electronic, social media, etc. the name of the victim or even
in a remote manner disclose any facts which can lead to the victim being identified
and which should make her identity known to the public at large. Nipun Saxena
v. Union of India Ministry of Home Affairs http://bit.ly/WPC565of2012 11-12-2018
Penal Code, 1860 - Ss. 299, 302, 304. Tularam v. State of Madhya
Pradesh, AIR 2018 SC 2146 : 2018 (1) ALD (Cri) 740 : 2018 All.M.R. (Cri.) 3161 :
2018 (3) Bom.C.R. (Cri.) 151 : 2018 (2) Crimes 330 : 2018 CriLJ 2590 : 2018 (2)
JLJ 206 : JT 2018 (4) SC 579 : 2018 (6) Scale 555 : (2018) 7 SCC 777 Crl.A. No. 663 of 2018 02-05-2018
Penal Code, 1860 - Ss. 300 Exception 4 & 304 Part I - Sudden
fight implies the absence of premeditation. Bhagirath v. State of Madhya Pradesh,
2018 (14) Scale 470 bit.ly/CrlA2301of2009
23-10-2018
Penal Code, 1860 - Ss. 302 - Entire occurrence had taken place not
at the spur of the moment - circumstances concluding the guilt of the appellant
are clearly established. Ramji v. State of Punjab, JT 2018 (11) SC 385 : 2018
(15) Scale 184 Crl.A. No. 1479 of 2011 27-11-2018
Penal Code, 1860 - Ss. 302 - when conviction is based on circumstantial
evidence, there should not be any gap in the chain of circumstances; the accused
is entitled to the beneft of doubt. State of Himachal Pradesh v. Raj Kumar, AIR
2018 SC 329 : 2018 (102) AllCC 622 : 2018 (1) ALD (Cri) 561 : 2018 (1) ALT (Cri)
405 : 2018 (1) CGLJ 393 : 2018 (1) Crimes 1 : 2018 (1) JCC 174 : 2018 (1) JKJ 160
: 2018 (1) JLJR 145 : JT 2018 (1) SC 159 : 2018 (1) MLJ (Cri) 480 : 2018 (1) PLJR
321 : 2018 (1) RCR (Criminal) 689 : 2018 (2) RLW 1229 : 2018 (1) Scale 162 : (2018)
2 SCC 69 : 2018 (1) SCC (Cri) 452 : 2018 (1) Supreme 103 : 2018 (1) UC 1 Crl.A. No. 31 of 2018 08-01-2018
Penal Code, 1860 – Ss. 302 & 149 - Failure or nonexplanation
of injuries on accused when material – Principles summarised. Dashrath @ Jolo
v. State of Chhattisgarh, AIR 2018 SC 1133 : 2018 CriLJ 2229 : 2018 (1) JLJR 356
: 2018 (2) MPJR 1 : 2018 (1) MPWN 267 : 2018 (2) PLJR 36 : 2018 (1) RCR (Criminal)
972 : 2018 (1) Scale 580 : (2018) 4 SCC 428 Crl.A. No. 197 of 2018 23-01-2018
Penal Code, 1860 - Ss. 302 & 201 - Protection of Children from
Sexual Offences Act, 2012 - Ss. 10 & 4 - dastardly nature and manner of the
crime - rarest of rare case - balancing approach of such aggravating and mitigating
circumstances. Viran Gyanlal Rajput v. State of Maharashtra Crl.A. No. 1558 of 2018 05-12-2018
Penal Code, 1860 - Ss. 302 & 304 Part-II - accused No.1 alone
had previous enmity with the deceased and the other accused appeared to have joined
accused no.1 only to help him. Considering the weapons used, namely, sticks and
the nature of the injuries, the High Court thought it fit to modify the sentence
of imprisonment under Section 302 I.P.C. to Section 304 Part-II I.P.C. Occurrence
was of the year 1995 and at this distant point of time and also in view of the findings
by the High Court in para “55”, we are not inclined to interfere with the impugned
order. State of Karnataka v. Yenkareddy, 2018 (4) RCR (Criminal) 453 Crl.A. No. 144 of 2009 06-09-2018
Penal Code, 1860 - Ss. 302 & 324 - Insanity - Doctrine of burden
of proof in the context of the plea of insanity - Accused is entitled to the benefit
of the exception under section 84 I.P.C. because of the preponderance of his medical
condition at the time of occurrence, as revealed from the materials and evidence
on record. Devidas Loka Rathod v. State of Maharashtra, 2018 All.M.R. (Cri.)
3152 : 2018 (3) JCC 1668 : 2018 (3) JKJ 30 : 2018 (3) RCR (Criminal) 784 Crl.A. No. 814 of 2017 02-07-2018
Penal Code, 1860 - Ss. 302 & 326 - High Court was justified in
convicting the accused for the offence under Section 326, IPC, but was not justified
in convicting the appellant for the offence under Section 302, IPC - Appeal is allowed
in part. Jayaswamy v. State of Karnataka, AIR 2018 SC 2648 : 2018 (3) Bom.C.R.
(Cri.) 1 : JT 2018 (5) SC 438 : 2018 (8) Scale 3 : (2018) 7 SCC 219 Crl.A. No. 1022 of 2011 01-06-2018
Penal Code, 1860 - Ss. 302 & 460 - Evidence relied by the prosecution
is full of contradictions - prosecution has failed to provide any independent witness
to bring home, the guilt of the accused - there exists reasonable doubt for believing
the case laid down by the prosecution and the guilt of the accused has not been
proved beyond doubt. State of Rajasthan v.v Madan @ Madaniya, Crl.A. No. 1333 of 2011 25-10-2018
Penal Code, 1860 - Ss. 302 r/w. 148 & 149 - there was no evidence
to prove that appellant was the author of the gun shot which killed S - the ballistic
report (ExC1) did not support the prosecution case inasmuch as it opined that cartridges
fired and recovered from the spot could not have been so fired from the rifle belonging
to the appellant and the third, the alleged rifle was not taken in police custody
immediately after the incident but it was surrendered by the appellant in the Court.
In the light of foregoing reasons, the appellant is entitled for benefit of doubt
and hence deserves to be acquitted of the charges framed against him. Ramvir
v. State of Uttar Pradesh, AIR 2018 SC 5339 : JT 2018 (11) SC 284 : 2018 (14) Scale
369 Crl.A. No. 183 of 2013 26-10-2018
Penal Code, 1860 - Ss. 302 r/w. 201. Satpal v. State of Haryana,
AIR 2018 SC 2142 : 2018 (1) ALD (Cri) 749 : 2018 (2) ALT (Cri) 281 : 2018 (2) Crimes
318 : JT 2018 (4) SC 622 : 2018 (2) RCR (Criminal) 935 : 2015 (6) Scale 494 : (2018)
6 SCC 610 Crl.A. No. 1892 of 2017 01-05-2018
Penal Code, 1860 – Ss. 302 r/w. 34 - Murder - Plea of Alibi - Concurrent
Findings - Murdered lady was the wife of the first accused - Second accused claimed
that she was innocent and was not present at the time of the alleged occurrence
- She has not discharged her burden to show that she was elsewhere - On the other
hand, there is evidence of the police officials that after committing the crime,
both accused came out and proclaimed that they have accomplished what they wanted
- There is no motive for the police officials to falsely implicate the accused -
No reason to interfere - Appeal dismissed. Ashwani Kumar v. State of Punjab,
JT 2018 (11) SC 377 : 2018 (15) Scale 252 http://bit.ly/CrlA580of2010 28-11-2018
Penal Code, 1860 - Ss. 302 r/w. 34 - when preparation was going on
to burn Holika and when they were all standing there, juvenile accused was using
abusive language - there was heated arguments, scuffle and sudden fight between
them - As the occurrence took place in the course of sudden fight between the deceased
and the accused party the occurrence would fall under sub-section (4) of Section
300 I.P.C. Sunny Khanna v. State of Chhattisgarh, 2018 (4) Crimes 100 : JT 2018
(10) SC 332 : 2018 (15) Scale 54 Crl.A. No. 1546 of 2017 04-10-2018
Penal Code, 1860 - Ss. 302 r/w. 34 & 148 - Whether the High Court
was right in setting aside the acquittal of the Appellants and convicting them for
an offence of murder. Mohd. Akhtar @ Kari v. State of Bihar, Crl.A. No. 407 of 2009 04-12-2018
Penal Code, 1860 - Ss. 302, 201, 392 & 397 - Murder Trial - Inconsistencies
and Material Contradiction - High Court reversed conviction - Acquittal confirmed.
State of Karnataka v. A.B. Mahesha, AIR 2018 SC 4005 : JT 2018 (8) SC 584 : 2018
(4) RCR (Criminal) 111 : 2018 (11) Scale 3 : (2018) 9 SCC 612 : 2018 (3) SCC (Cri)
807 Crl.A. No. 1133 of 2010 14-08-2018
Penal Code, 1860 - Ss. 302, 307, 326, 324 & 448 - the appeals
are disposed of by commuting the death sentence to one of life imprisonment and
the death sentence imposed by the trial Court and, subsequently, confirmed by the
High Court, is converted into life i.e. till the natural death of the appellant.
It is specifically clarified that the appellant shall not be entitled to remission.
Vijay Kumar v. State of Jammu & Kashmir, Crl.A. No. 1391 of 2018 14-11-2018
Penal Code, 1860 - Ss. 302, 324 & 323 r/w. 34 - Delay in filing
of the FIR - not only was there a delay in filing of the FIR (which remained unexplained)
which was taken as the basis of the investigation in this case, but also there was
a wilful suppression of the actual first information received by the police. These
factors together cast grave doubts on the credibility of the prosecution version,
and lead us to the conclusion that there has been an attempt to build up a different
case for the prosecution and bring in as many persons as accused as possible. State
of M.P. v. Ratan Singh, 2018 (15) Scale 75 Crl.A. No. 1034 of 2013 05-09-2018
Penal Code, 1860 - Ss. 302, 324, 323, 341, 148 r/w. 149 - the fact
of recovery of the clutch wire is not enough to prove the culpability of the accused
as, a clutch wire is a commonly available material in the market and there was no
specific mark on the recovered clutch wire to associate it with the offence. State
of Himachal Pradesh v. Naveen Kumar, 2018 (14) Scale 644 Crl.A. No. 567 of 2017 04-10-2018
Penal Code, 1860 - Ss. 302/201 - the circumstance of recovery of
the dead body allegedly based on the alleged confessional statement may raise a
suspicion against the accused that he might be involved in the incident but mere
suspicion itself cannot take itself the evidence of proof. Uppala Bixam @ Bixmaiah
v. State of Andhra Pradesh, Crl.A. No. 1548 of 2010 11-10-2018
Penal Code, 1860 - Ss. 302/34. Chandra Bhawan Singh v. State of
Uttar Pradesh, AIR 2018 SC 2205 : 2018 (1) ALD (Cri) 1004 : 2018 (103) AllCC 945
: 2018 (2) Crimes 320 : 2018 (3) JKJ 16 : JT 2018 (5) SC 25 : 2018 (2) MLJ(Cri)
695 : 2018 (6) Scale 498 : (2018) 6 SCC 670 : 2018 (4) SLT 56 Crl.A. No. 654 of 2018 01-05-2018
Penal Code, 1860 - Ss. 304 Part I & 307 - there was no enmity
between the accused and the victims - First Information Report was lodged 13 days
after the incident - there is no plausible explanation coming forth from the prosecution
for this inordinate delay - the High Court has thoroughly considered all aspects
of the case and rightly taken them into account. State of Madhya Pradesh v. Nande @
Nandkishore Singh, AIR 2018 SC 747 : 2018 (1) ALT (Cri) 242 : 2018 (1)
JKJ 206 : 2018 (2) MLJ (Crl.) 198 : 2018 (2) Scale 334 : (2018) 3 SCC 196 : 2018
(2) SCC (Crl.) 18 : 2018 (1) UC 283 Crl.A. No. 624 of 2016 23-01-2018
Penal Code, 1860 - Ss. 304, Part II - Common Intention - Absence
of - Incident happened at the spur of the moment without premeditation - assault
was not made on a vital part of the body - assault took place in 1980 due to straying
of cattle - sentence is reduced. Lakshmi Chand v. State of Uttar Pradesh, AIR
2018 SC 3961 : JT 2018 (8) SC 229 : 2018 (10) Scale 183 : (2018) 9 SCC 704 Crl.A. No. 1540 of 2017 24-08-2018
Penal Code, 1860 - Ss. 306 - Abetment of Suicide -‘Workload’ or ‘work
stress’, by itself, is not a ground to prove a charge of abetment to suicide against
the employer / superior officer. Vaijnath Kondiba Khandke v. State of Maharashtra,
AIR 2018 SC 2659 : JT 2018 (5) SC 243 : 2018 (3) RCR (Criminal) 133 bit.ly/CrlA765of2018
Penal Code, 1860 - Ss. 306 & 498A - Bride committed suicide by
consuming rat poison - High Court upheld conviction of mother-in-law and husband
- Validity of the conviction and sentence. Anusuiya @ Saraswatibai v. State of
Madhya Pradesh, AIR 2018 SC 673 : (2018) 2 SCC 272 : 2018 (1) Crimes 84 : JT 2018
(1) SC 571 : 2018 (1) Scale 487 : 2018 (1) SLT 705 : 2018 (1) Supreme 355 : 2018
(1) RCR 980 : 2018 (1) SCC (Cri) 698 : 2018 (103) AllCC 590 : 2018 (1) ALD 583 :
2018 (1) ALT 257 : 2018 (2) JCC 866 bit.ly/CrlA1224of2008 25-01-2018
Penal Code, 1860 - Ss. 307, 323, 149 & 148 - Dispute related
to watering of field from tubewell of accused - Infliction of several injuries using
lethal weapons - Conviction of accused confirmed. Suresh Singh v. State of Madhya
Pradesh, AIR 2018 SC 2383 : 2018 (103) AllCC 992 : JT 2018 (5) SC 131 : 2018 (3)
RCR(Criminal) 1 : 2018 (7) SCALE 327 : (2018) 7 SCC 381 Crl.A. No. 1586 of 2009 11-05-2018
Penal Code, 1860 - Ss. 307, 323, 324 & 504 - Whether the High
Court was justified in reversing the order of acquittal passed by the Sessions Court
and convicting the accused. Naresh v. State of Uttarakhand, AIR 2018 SC 2332
: 2018 (3) Bom.C.R. (Cri.) 78 : 2018 (2) JKJ 124 : JT 2018 (4) SC 399 : 2018 (6)
Scale 402 : (2018) 6 SCC 404 Crl.A. No. 394 of 2018 25-04-2018
Penal Code, 1860 - Ss. 313 & 415 - Cheating - Causing miscarriage
without woman’s consent - ingredient of. Prabhu @ Kulandaivelu v. State of Tamil
Nadu, 2018 (4) RCR (Criminal) 455 Crl.A. No. 1178 of 2011 18-09-2018
Penal Code, 1860 - Ss. 323, 325 & 341 r/w. 34 - Conviction and
sentence have been confirmed by the High Court - Parties are relatives - During
the pendency of the appeal, the de facto complainant has been impleaded in the party
array - the disputes in the family have been settled amicably with the intervention
of the elders of the family and the normal relationship is being restored in the
family. It is prayed jointly by the parties that the offences may be compounded.
Held, it is only in the interest of restoring peace in the family that the offences
are compounded. Bipin Kumar v. State of Bihar, 2018 (10) Scale 255 Crl.A. No. 993 of 2018 13-08-2018
Penal Code, 1860 - Ss. 325/34 - Acquittal by Trial Court set aside
by High Court - Since 30 years have passed and one injured has expired, a different
view is not warranted. Subhash Chander Bansal v. Gian Chand, AIR 2018 SC 655
: 2018 (1) ALD (Cri) 540 : 2018 (1) Crimes 82 : JT 2018 (1) SC 464 : 2018 (1) MLJ
(Cri) 731 : 2018 (1) MPWN 337 : 2018 (1) Scale 499 : (2018) 2 SCC 291 : 2018 (1)
SCC(Cri) 708 : 2018 (1) Supreme 342 : 2018 (1) UC 267 Crl.A. No. 1676 of 2009 25-01-2018
Penal Code, 1860 - Ss. 326 & 324 - Since the occurrence was of
the year 1995, way back 23 years ago, in which the appellant D allegedly wielded
lathi in causing injuries to the C, having regard to the passage of time and the
nature of weapon wielded by the appellant and also considering the facts and circumstances
of the case, the sentence of imprisonment of the appellant D under Section 324 I.P.C.
is reduced to two years. Devi Singh v. State of Madhya Pradesh, JT 2018 (9) SC
82 Crl.A. No. 441 of 2010 05-09-2018
Penal Code, 1860 - Ss. 326, 331, 343 & 346 - illegal detention
and custodial torture by Police Officials - High Court reversed their acquittal
- Occurrence was of year 1992 - attained age of superannuation - already undergone
about 15 months’ imprisonment - victim was also given government job and is presently
working - imprisonment was reduced to period already undergone. reduction of sentence
may not be treated as precedent. Bhagwan Dass v. State of Haryana, 2018 (3) Crimes
226 : 2018 (4) RCR (Criminal) 113 : 2018 (10) Scale 253 : (2018) 9 SCC 227 : 2018
(3) SCC (Cri) 736 Crl.A. No. 283 of 2014 14-08-2018
Penal Code, 1860 - Ss. 326A & 326B - In an acid attack, if the
injury is simple, whether an offence under Section 326A IPC is attracted - if the
injury is only simple, whether charge can be framed under Section 326B. Maqbool
v. State of Uttar Pradesh, Crl.A. No. 1143 of 2018 07-09-2018
Penal Code, 1860 - Ss. 34, 302, 498A - Victim sustained 100% burn
injuries while she was in her matrimonial house - Sister-in-law pleaded alibi -
She was staying in separate house and at the relevant time - Parents of deceased
levelled only minor allegations against her - No specific allegation of demand for
dowry or harassment was made - Hence she is entitled to benefit of doubt. Chhaya
v. State of Maharashtra, AIR 2018 SC 3604 : 2018 All.M.R. (Cri.) 4057 : 2018 (3)
Crimes 484 : JT 2018 (7) SC 437 : 2018 (9) Scale 413 : 2018 (6) SLT 306 Crl.A. No. 963 of 2018 03-08-2018
Penal Code, 1860 - Ss. 353, 294, 504 r/w. 34 - Reduction of Sentence.
Haribhau v. State of Maharashtra, 2018 (4) Bom.C.R.(Cri.) 29 : 2018 (4) Crimes
145 : JT 2018 (8) SC 402 : 2018 (10) Scale 699 : 2018 (7) SLT 690 Crl.A. No. 1118 of 2018 04-09-2018
Penal Code, 1860 - Ss. 363 & 366 - Conviction - sentenced to
undergo imprisonment for a period of seven years with a fine of Rs.1,000 - the parties
have subsequently entered into a compromise, the de facto complainant was added
as a party - the de facto complainant submits that she has since been married to
another person and they are living happily and they have no complaint against the
appellant - for doing complete justice between the parties, the sentence needs to
be modified. However, the conviction is confirmed. The sentence is limited to the
period already undergone. appellant shall pay a fine of Rs.2,00,000. Sajid v.
State of Uttarakhand, JT 2018 (8) SC 14 : 2018 (9) Scale 573 : (2018) 9 SCC 159
: 2018 (3) SCC (Cri) 729 Crl.A. No. 983 of 2018 10-08-2018
Penal Code, 1860 - Ss. 364 & 302/34. Murugan v. State of Tamil
Nadu, AIR 2018 SC 2149 : 2018 (1) ALD (Cri) 744 : 2018 (2) Crimes 333 : 2018 (2)
JKJ 119 : JT 2018 (5) SC 177 : 2018 (6) Scale 586 : 2018 (4) SLT 234 Crl.A. No. 1498 of 2010 02-05-2018
Penal Code, 1860 - Ss. 364A, 302 & 201/34 - kidnapping for ransom
and murder - crime was committed at a young age, when it is easy for people to get
swayed by the lure of shortcuts to earn money - Though it is indeed a deeply condemnable
act to destroy one’s own family for shortterm pecuniary gain, it is a dangerous
presumption that a perpetrator of such an act is incapable of reform and rehabilitation
just by virtue of having committed the crime, and indeed flies in the face of the
concept of reform to begin with. Swapan Kumar Jha @ Sapan Kumar v. State of Jharkhand,
2018 (15) Scale 244 Crl.A. No. 1396 of 2012 15-11-2018
Penal Code, 1860 - Ss. 376 & 342 - Every attempt should be made
by all the courts not to disclose the identity of the victim in terms of S.228A
IPC. Lalit Yadav v. State of Chhattisgarh, 2018 (9) Scale 44 : (2018) 7 SCC 499S.L.P. (Crl.) No. 5631 of 2018 05-07-2018
Penal Code, 1860 - Ss. 376(2)(f), 377 & 302 - Rape & Murder
of Minor Girl Child aged 3 Years - Sentenced to death - Reform, rehabilitation and
re-integration into society - Prior history of the convict or criminal antecedents.
Rajendra Prahladrao Wasnik v. State of Maharashtra, http://bit.ly/RPCrl306of2013 12-12-2018
Penal Code, 1860 - Ss. 399 & 402 - Arms Act, 1959 - S. 25 - the
incident is of 1980, when the appellant was a young boy and that there is no other
criminal case against him, we are of the view that the sentence should be limited
to the period already undergone. Iqbal v. State of Uttar Pradesh, 2018 (4) Crimes
120 : JT 2018 (10) SC 335 : 2018 (15) Scale 243 Crl.A. No. 1280 of 2018 11-10-2018
Penal Code, 1860 - Ss. 420, 409 & 120B - accused was working
as a driver in the the Haryana Roadways - embezzling 85 liters of diesel - accused
is now in his late sixties and no longer in service - he was not involved in any
other criminal activity during his entire service tenure except the case at hand
which relates to the year 1999 - it just and proper and in the interest of justice
to reduce the appellant's jail sentence to "what the appellant has undergone
till date and enhance the fine amount from Rs. 15,000/ to Rs. 25,000/ ". Jan
Mohamad v. State of Haryana, Crl.A. No. 1626 of 2018 14-12-2018
Penal Code, 1860 - Ss. 420, 423, 424, 464 & 465 - Information
Technology Act, 2000 - Forgery. Sheila Sebastian v. R. Jawaharaj, AIR 2018 SC
2434 : 2018 (3) Bom.C.R. (Cri.) 133 : 2018 (3) MLJ(Cri) 39 : 2018 (3) RCR (Criminal)
234 : 2018 (7) Scale 362 Crl.A. No. 359 of 2010 11-05-2018
Penal Code, 1860 - Ss. 436, 429, 323 & 506 - Set fire to the
house - could let loose the cattle, two buffaloes, one she calf and one off-spring
of the buffalo sustained burn injuries and subsequently they died - complainant
also got burn injuries in the said incident - Since the occurrence was of the year
2000 and taking note of the subsequent development that a compensation of Rs.9,00,000/-
(Rupees Nine Lakhs) has been paid to the complainant, the sentence of imprisonment
of seven years imposed upon the appellant is reduced to five years. Surender
Singh v. State of Haryana, JT 2018 (10) SC 261 : 2018 (4) RCR (Criminal) 780 Crl.A. No. 914 of 2017 11-10-2018
Penal Code, 1860 - Ss. 457, 380 & 302/34 - Motive - recovery
of stolen articles at the instance of accused persons - identification of stolen
articles - discovery of weapon of crime - recovery of clothes containing human blood
- discovery of lock and key of shop of the deceased - All the circumstances point
the finger of guilt towards the appellants and their complicity in commission of
the crime. Surendra Singh v. State of Uttarakhand, Crl.A. No. 1768 of 2010 04-12-2018
Penal Code, 1860 - Ss. 457, 395, 396 & 302 r/w. 34 - Punishment
for dacoity with murder - the offence under Section 396 IPC is to be viewed with
seriousness, especially, when the dacoits are armed. Shajahan v. State Rep. By
Inspector of Police, AIR 2018 SC 1070 : 2018 (1) ALD(Cri)(SC) 557 : 2018 (103) AllCC
643 : 2018 (1) ALT(Cri)(SC) 380 : 2018 (2) Crimes 22 : 2018 (2) JLJR 21 : JT 2018
(2) SC 345 : 2018 (2) MLJ (Cri) 368 : 2018 (1) MPWN 314 : 2018 (2) PLJR 175 : 2018
(2) RCR (Criminal) 312 : 2018 (3) Scale 81 : 2018 (2) Supreme 449 : 2018 (1) UC
459 Crl.A. No. 697 of 2012 16-02-2018
Penal Code, 1860 - Ss. 460 & 420 - Merely because the original
accused might not have paid the amount due and payable under the agreement or might
not have paid the amount in lieu of one month Notice before terminating the agreement
by itself cannot be said to be a cheating and/or having committed offence under
Sections 406 and 420 of the IPC as alleged. Vinod Natesan v. State of Kerala
Crl.A. No. 1593 of 2018 11-12-2018
Penal Code, 1860 - Ss. 498 A, 120 B, 420 & 365 - Courts should
be careful in proceeding against the distant relatives in crimes pertaining to matrimonial
disputes and dowry deaths. The relatives of the husband should not be roped in on
the basis of omnibus allegations unless specific instances of their involvement
in the crime are made out. K. Subba Rao v. State of Telangana rep. by its Secretary,
Department of Home, AIR 2018 SC 4009 : 2018 (2) ALD (Cri) 672 : 2018 (3) DMC 277
: 2018 (4) JLJR 1 : JT 2018 (8) SC 212 : 2018 (4) PLJR 39 : 2018 (10) Scale 112
: 2018 (6) SLT 531 Crl.A. No. 1045 of 2018 21-08-2018
Penal Code, 1860 - Ss. 498A & 306 - It cannot be said that the
appellant’s act of having illicit relationship with another woman would not have
affected to negate the ingredients of Sections 306 I.P.C. Siddaling v. State, through
Kalagi Police Station, 2018 CriLJ 4212 : 2018 (3) JKJ 1 : 2018 (3) JLJR 434 : JT
2018 (8) SC 37 : 2018 (6) KarLJ 149 : 2018 (3) PLJR 417 : (2018) 9 SCC 621 : 2018
(3) SCC (Cri) 812 : 2018 (6) SLT 485 Crl.A. No. 1606 of 2009 09-08-2018
Penal Code, 1860 - Ss. 498A, 304B, 306 r/w. 34 - the deceased committed
suicide by consuming poison at her in-laws place/matrimonial home, would not itself
lead to the presumption that deceased was subjected to physical-mental cruelty,
so as to force her to commit suicide. Herein, prima facie burden lies on the prosecution
to prove the guilt of the accused/respondents beyond all reasonable doubts. However,
there is no cogent or positive evidence on record to prove that the respondents
subjected the deceased to any such mental or physical cruelty, so as to force her
to commit suicide. Thus, presumption under Sec. 113-A of the Indian Evidence Act
cannot be drawn against the respondents in this case. State of Madhya Pradesh
v. Shriram, 2018 (4) RCR (Criminal) 578 : 2018 (15) Scale 73 Crl.A. No. 1177 of 2012 05-09-2018
Penal Code, 1860 - Ss. 498A, 323, 376 - Dowry Prohibition Act, 1961
- Ss. 3 & 4 - Criminal P.C. 1973 - S.482 - Single Judge ought to have first
set out the brief facts of the case with a view to understand the factual matrix
and then examined the challenge made to the proceedings in the light of the principles
of law. Omveer Singh v. State of Uttar Pradesh Crl.A. No. 1541 of 2018 03-12-2018
Penal Law - Imposing inadequate sentences will do more harm to the justice system
and may lead to a state where the victim loses confidence in the judicial system
and resorts to private vengeance. State of Rajasthan v. Mohan Lal, AIR 2018 SC
3564 : 2018 CriLJ 4450 : 2018 (3) Crimes 474 : JT 2018 (7) SC 422 : 2018 (9) Scale
335 : 2018 (6) SLT 394 Crl.A. No. 959 of 2018 01-08-2018
Perjury - Prosecution should be ordered when it is considered expedient in
the interest of justice to punish the delinquent and there must be prima facie
case of deliberate falsehood on the matter of substance and the Court should be
satisfied that there is reasonable foundation for the charge. Prof. Chintamani
Malviya v. High Court of Madhya Pradesh, AIR 2018 SC 2656 : 2018 (3) Bom.C.R.(Cri.)
140 : 2018 (2) Crimes 397 : JT 2018 (4) SC 483 : 2018 (6) SCALE 437 : (2018) 6 SCC
151 Crl.A. No. 649 of 2018 27-04-2018
Police Act, 1963 (Karnataka) - S. 31 - Bangalore City Licensing and Controlling
of Places of Public Entertainment Order, 2005 - Regulating restaurants displaying
“live band music”, “cabaret dance” and “discotheque” not violative of Arts. 14 and
19. Karnataka Live Band Restaurants Association v. State of Karnataka, AIR 2018
SC 731 : JT 2018 (2) SC 68 : 2018 (2) KarLJ 193 : 2018 (3) MLJ 561 : 2018 (1) Scale
507 : (2018) 4 SCC 372 : 2018 (1) Supreme 362 C.A. No. 4741 of 2007 25-01-2018
Practice & Procedure - Right to appeal is a valuable right which can
be forgone with express authority and free will. Mysore Urban Development Authority
v. K.M. Chikkathayamma, AIR 2018 SC 4247 : JT 2018 (8) SC 540 : 2018 (11) Scale
20 C.A. No. 9182 of 2018 07-09-2018
Prevention of Corruption Act, 1988 - S. 20 - Interpretion of - Once the prosecution
has established that the accused was possessing the bribe money, it is for the accused
to explain that how the bribe money has been received by him and if he fails to
offer any satisfactory explanation, it will be presumed that he has accepted the
bribe. State of Gujarat v. Navinbhai Chandrakant Joshi, 2018 (2) ALD (Cri) 477
: 2018 CriLJ 3733 : 2018 (3) JLJR 341 : 2018 (2) OLR 714 : 2018 (3) PLJR 365 : 2018
(3) RCR (Criminal) 793 : 2018 (9) Scale 34 : 2018 (3) SCC (Cri) 730 : (2018) 9 SCC
242 Crl.A. No. 895 of 2018 17-07-2018
Prevention of Corruption Act, 1988 - S.13 - Criminal P.C. 1973 - S.154. State. by
Lokayukta Police v. H. Srinivas, AIR 2018 SC 2701 : 2018 (3) Bom.C.R. (Cri.) 274
: JT 2018 (5) SC 387 : 2018 (3) RCR (Criminal) 119 : 2018 (7) Scale 649 Crl.A. No. 775 of 2018 18-05-2018
Prevention of Corruption Act, 1988 - S.8 - Essential - there must have been the solicitation
or receipt of the gratification - such gratification must have been asked for or
paid as a motive or reward for inducing a public servant to do an act or do a favour
or render some service. Babji v. State of Andhra Pradesh, AIR 2018 SC 3831 :
2018 CriLJ 4210 : 2018 (3) JLJR 402 : JT 2018 (9) SC 12 : 2018 (3) PLJR 414 : 2018
(10) Scale 201 Crl.A. No. 2159 of 2009 09-08-2018
Prevention of Corruption Act, 1988 - Ss. 7 & 13(2) r/w. 13(1) (d) - Based on the
evidence of PW-2 and test conducted in the sodium carbonate solution the Trial Court
and the High Court had found the accused guilty of the offences. Having regard to
the concurrent findings of the courts below, we do not find any good ground to take
a different view. Kannan v. State rep. by Inspector of Police, JT 2018 (9) SC
146 : 2018 (11) Scale 273 : 2018 (7) SLT 362 Crl.A. No. 1580 of 2011 12-09-2018
Prevention of Corruption Act, 1988 - the prosecution was under a legal obligation to
prove the twin requirements of “demand and acceptance of bribe money by the accused”,
the proving of one alone but not the other was not sufficient. Dashrath Singh
Chauhan v. Central Bureau of Investigation, AIR 2018 SC 4720 : JT 2018 (10) SC 8
: 2018 (13) Scale 705 bit.ly/CrlA1276of2010 09-10-2018
Prevention of Cruelty to Animals (Tamil Nadu Amendment)
Act, 2017 - these writ petitions need
to be authoritatively decided by a Constitution Bench of 5 learned Judges, as the
writ petitions involve substantial questions relating to the interpretation of the
Constitution of India. Animal Welfare Board of India v. Union of India, JT 2018
(2) SC 110 : 2018 (1) Scale 673 : (2018) 2 SCC 645 : 2018 (1) Supreme 555 W.P. (C) No. 23 of 2016 02-02-2018
Prevention of Cruelty to Animals Act, 1960 - Prevention of Cow Slaughter and Cattle Preservation
Act, 1964 (Karnataka) - the High Court, by impugned order, disposed of the writ
petitions with certain observations giving rise to filing of the present appeals
by way of special leave by the complainant in this Court - the IO and Magistrate
concerned would proceed in the matter strictly in accordance with law on the basis
of evidence and would not be influenced, in any manner, by the observations made
by the High Court in the impugned order. Joshine Antony v. M/s. Barafwala Cold
Storage and Agro Processor Crl.A. No. 1591 - 1592 of 2018 11-12-2018
Prevention of Damage to Public Property Act, 1984 - Structural and preventive measures - Remedies
to minimize, if not extirpate, the impending mob violence - Liability of person
causing violence - Responsibility of police officials - Compensation. Kodungallur
Film Society v. Union of India, 2018 (13) Scale 607 W.P. (C) No. 330 of 2018 01-10-2018
Prevention of Food Adulteration Act, 1954 - Ss. 7 & 13 - Criminal P.C. 1973 - S. 378.
Delhi Administration v. Vidya Gupta, AIR 2018 SC 2136 : 2018 (3) Bom.C.R. (Cri.)
204 : 2018 CriLJ 2593 : 2018 (2) Crimes 436 : 2018 (249) DLT 229 : JT 2018 (4) SC
492 : 2018 (2) MPWN 170 : 2018 (2) RCR (Criminal) 888 : 2018 (6) Scale 317 Crl.A. No. 625 of 2018 24-04-2018
Probation - Service was terminated at the end of the period of probation which
cannot be said punitive. Director Aryabhatta Research Institute of Observational
Sciences (Aries) v. Devendra Joshi, AIR 2018 SC 1493 : JT 2018 (3) SC 406 : 2018
(2) Supreme 760 C.A. No. 2926 of 2018 19-03-2018
Protection of Children from Sexual Offences Act,
2012 - S. 35 (2) - Speedy Trial
- Directions issued for speedy disposal of cases involving sexual offences against
children. Alakh Alok Srivastava v. Union of India, AIR 2018 SC 2440 : 2018 AllCJ
1461 : 2018 (2) ALD (Cri) 170 : 2018 (3) ALD 179 : 2018 (3) Bom.C.R. 746 : 2018
(2) Bom.C.R.(Cri.) 711 : 2018 (2) Crimes 324 : 2018 CriLJ 2929 : 2018 (2) JLJ 259
: JT 2018 (4) SC 625 : 2018 (2) KLT SN 57 (C.No.68) : 2018 (7) Scale 88 : (2018)
5 SCC 651 : 2018 (2) SCC (Cri) 815 W.P. (C) No. 76 of 2018 01-05-2018
Protection of Children from Sexual Offences Act,
2012 - S.19(1) - Mere likelihood
of suspicion cannot be the reason to charge a person for an offence. Dr. Sr.
Tessy Jose v. State of Kerala, AIR 2018 SC 4654 : 2018 (3) JLJ 1 : 2018 (3) JLJR
345 : JT 2018 (7) SC 517 : 2018 (4) MLJ(Cri) 207 : 2018 (3) PLJR 369 : 2018 (4)
RCR (Criminal) 114 : 2018 (9) Scale 629 : 2018 (6) SLT 402 Crl.A. No. 961 of 2018 01-08-2018
Protection of Children from Sexual Offences Act,
2012 - Ss. 3 & 4 - Penal
Code, 1860 - S. 302 - since the offence of rape is not proved and as the offence
of murder is proved beyond reasonable doubt, the accused is liable to be convicted
for the offence under Section 302 IPC. the judgment of the Trial Court as well as
the High Court convicting the accused for the offences under Sections 3 and 4 of
the POCSO Act and imposing capital punishment on him stands set aside. However,
for the offence under Section 302 IPC, the accused is sentenced to undergo imprisonment
for life. Appeals are partly allowed. Prahlad v. State of Rajasthan, JT 2018
(11) SC 338 Crl.A. No. 1794 of 2017 14-11-2018
Protection of Children from Sexual Offences Act,
2012 - Ss. 3 & 4 - Penal
Code, 1860 - Ss. 363 & 366 - Criminal P.C. 1973 - S. 319 - The High Court has
not given sufficient reasons for allowing the application under Section 319 Cr.P.C.
filed by prosecution. The impugned judgment of the High Court is unsustainable and
is hereby set aside. Labhuji Amratji Thakor v. State of Gujarat, JT 2018 (11)
SC 404 : 2018 (15) Scale 39 Crl.A. No. 1349 of 2018 13-11-2018
Protection of Women from Domestic Violence Act, 2005 - Ss. 12 & 29 - Criminal Procedure Code, 1973
- S. 482 - interim maintenance @ Rs.2,50,000/- per month - documents placed on record
by both the sides - the veracity and evidential value of such material can be finally
adjudged, more particularly, when the said material and assertions of the parties
would be tested with their crossexamination - trial court had arrived at a figure
of maintenance on the basis of affidavits filed by both the parties along with their
respective documents - this obviously happened as the proceedings under the DV Act
are of summary nature - the appropriate course of action would be to allow the petitioner
to file an application for maintenance under the Hindu Adoptions and Maintenance
Act, 1956 or under Section 125 of the Code of Criminal Procedure, 1973 so that in
these proceedings, both the parties lead their documentary and oral evidence and
on the basis of such material, appropriate view is taken by the said Court. Shalu
Ojha v. Prashant Ojha, 2018 (3) JKJ 93 S.L.P. (Crl.) No. 3935 of 2016 23-07-2018
Public Interest Litigation (PIL) - Maintainability - CBI investigation - Oil Adulteration
by mafias - Transfer of cash subsidy to intended beneficiaries of kerosene oil -
Aadhaar card or through PDS or other credible mechanism - Petitioner was given liberty
to approach oil companies. Seema Upadhyay v. Union of India Ministry of Petroleum
and Natural Gas, AIR 2018 SC 2855 : JT 2018 (4) SC 52 : 2018 (5) Scale 338 : (2018)
5 SCC 325 : 2018 (3) Supreme 498 W.P. (C) No. 675 of 2013 05-04-2018
Rights of Prisoners - Death Row Prisoner - With regard to the entitlement
of a prisoner on death row to have meetings and interviews with his lawyers or members
of his immediate family or even mental health professionals - such meetings and
interviews should be permitted. Re-inhuman Conditions In 1382 Prisons v. State
of Assam, http://bit.ly/IA26542of2018 13-12-2018
Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989
- Misuse of; Dr. Subhash Kashinath Mahajan v. State of Maharashtra, AIR 2018
SC 1498 : 2018 (103) AllCC 908 : 2018 (1) ALD (Cri) 629 : 2018 All.M.R. (Cri.) 1773
: 2018 (1) ALT (Cri) 332 : 2018 (2) ALT 50 : 2018 (2) Bom.C.R. (Cri.) 593 : 2018
CriLJ 3422 : 2018 (2) Crimes 169 : 2018 (2) CTC 779 : 2018 (248) DLT 39 : JT 2018
(3) SC 499 : 2018 (2) KLT 33 : 2018 (2) RCR (Criminal) 552 : 2018 (1) RLW 840 :
(2018) 6 SCC 454 : 2018 (3) Supreme 44 : 2018 (1) UC 479 bit.ly/CrlA416of2018 20-03-2018
Smugglers and Foreign Exchange Manipulators (Forfeiture
of Property) Act, 1976
- Ss. 12(4) & 7. Amina Bi Kaskar v. Union of India, 2018 (2) RCR (Civil)
847 : 2018 (6) Scale 170 : 2018 (4) Supreme 382 C.A. No. 4252 of 2018 20-04-2018
Stay - In all pending cases where stay against proceedings of a civil or
criminal trial is operating, the same will come to an end on expiry of six months
from today unless in an exceptional case by a speaking order such stay is extended.
In cases where stay is granted in future, the same will end on expiry of six months
from the date of such order unless similar extension is granted by a speaking order.
The speaking order must show that the case was of such exceptional nature that continuing
the stay was more important than having the trial finalized. The trial Court where
order of stay of civil or criminal proceedings is produced, may fix a date not beyond
six months of the order of stay so that on expiry of period of stay, proceedings
can commence unless order of extension of stay is produced. Asian Resurfacing
of Road Agency v. Central Bureau of Investigation, 2018(1) ACJ 772 : AIR
2018 SC 2039 : 2018 All SCR (Crl.) 659 : 2018 (2) Bom.C.R. (Cri.) 770 : 2018 Cri.L.R.
405 : 2018 (2) Crimes 225 : 2018 (248) DLT 244 : ILR 2018 (2) Ker. 79 : 2018 (2)
JBCJ 235 : 2018 (2) JLJ 94 : 2018 (2) KarLJ 610 : 2018 (2) KLT 158 : 2018 (36) LCD
2237 : 2018 (2) RCR (Civil) 404 : 2018 (2) RCR (Criminal) 415 : 2018 (5) Scale 269
: 2018(1) SCCriR 425 http://bit.ly/CrlA1375of2013
28-03-2018
Trial Court Record - Courts may send photocopy/scanned copy of the
record and retain the original. Asian Resurfacing of Road Agency v. Central Bureau
of Investigation, 2018 (2) KLT 782 : 2018 (7) Scale 256 http://bit.ly/CrlA1376of2013 25-04-2018