Case Facts

Abuzar vs. state govt. of NCT of Delhi, 2018 (3) JCC 1643 Bail -  "FIR under section 376/506 IPC and section 4/6 of POCSO Act -  petitioner was granted regular bail by the trial court on 06.04.2017 -  thereafter, the trial was progressing – however, on 07.07.2017, since the petitioner failed to appear, non bailable warrant were issued – petitioner , on 17.7.2017, appeared before the trial court and applied for the cancellation of non bailable warrants -  the ground cited by the petitioner , for non appearance , was that he was suffering from typhoid and , as such, could not appear before the trial court on 7.7.2017 – trial court while observing that the certificate pertained to a period of anoe week from 22.6.2017 declined to accede to the request of the petitioner for cancellation of the non bailable warrants and took the petitioner in custody and remanded him to judicial custody. The petitioner has been in custody since then  - keeping in view the fact that the petitioner had earlier been released on bail on 06.04.2017 and, on account of non appearance of one date, has been taken in custody – it is a fit case for grant of regular bail to the petitioner."

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Case Facts

Kamaluddin v. state, 2017 (1) JCC 372, Penal code 1860 – Sec. 392/397 – Arms Act – Secs. 25-27 – "Appeal against conviction  - occurrence took place during day time – the victim or his companion did not lodge report with the police promptly – delay In lodging the FIR – no plausible explanation has been offered – no injury was caused – no independent public witness was associated at that time of alleged recovery from the appellant’s possession  - there are contradictory statement regarding the exact amount robbed from the complainant – held : inherent defects in the prosecution case and the conflicting statement of the prosecution witness , conviction and sentence set aside – appeal allowed."

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Case Facts

Jaideep singh v. the state of NCT OF Delhi, 2007 Crl. 1566 Bail –Transit bail – the petitioner is an accused in FIR under section 420/467/468/471/120B IPC registered at PS fagi, jaipur – he is said to be a resident of delhi and apprehends his arrest by rajasthan police in connection with the aforesaid case – therefore, seeks interim protection from arrest to enable him to appear before the court concerned and seek appropriate relief there – petitioner is granted a transit bail in the event of his arrest , he is directed to be released on bail on executing the personal bond for RS. 20,000/-

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Case Facts

Channi v. the state of uttar Pradesh, 2006 (2) JCC 1188, Probation of offenders act 1958 – "section 4 -  the scope of section 4 of the probation of offenders act is much wider – it applies to any person found guilty of having committed an offence not punishable with death or imprisonment for life. Criminal procedure code , 1973 – section 360 – relates only to person not under 21 years of age convicted for an offence punishable with fine only or with imprisonment for a term of 7 years or less , to any person under 21 years of age or any woman convicted of a offence not punishable with sentence of death or imprisonment for life. Probation of offenders act, 1958 – section 4 – Cr.P.C., 1973 – section 360 and 361 – enforcement of probation act in some particular area excludes the applicability of the provisions of section 360,361 of the code in that area. Practice and procedure – modification of the judgment – but considering the peculiar circumstances this court direct the high court to consider the application under the probation act or sec 360 of the code as the case may be so far as the appellant is concerned and pass the appropriate order. "

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Case Facts

Chander Prakash s/o Babu Ram v. State of NCT of Delhi, 2007 (3) JCC 2334, "Parole -  the petitioner is a life convict for his conviction under sec. 302 IPC – he has almost suffered 16 years imprisonment including remission till now – the last parol;e granted to the petitioner was for one week, i.e. from 10.2.1997 to 17.2.1997 – at that time , he jumped parole for about nine years, he was never granted ay parole  -  having regard to the circumstances of the case and the submissions – the petitioner is granted parole for a period of four weeks to be reckoned from the date of his release."

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Case Facts

Baldev singh and others v. state of Punjab, AIR 2011 SC 1231- "Penal code (45 of 1860), s. 376(2)(g) proviso -  offence of rape – imposition of sentence less than 10 years – s. 376 is a non compoundable offence – however , incident is 14 years old – parties have themselves entered into promise – adequate and special reasons made out for imposition of lesser sentence -  upholding conviction, sentence reduced to period already undergone – however, each of the appellant directed to pay Rs. 50,000/- by way of enhancement of fine to the victim."

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Case Facts

Smt. Anita Maria Dias and anr. V. the state of Maharashtra and anr., 2018 (2) JCC 755- "Penal code, 1860 -  sections 406,420,467,471,34 – Cr. P.C. , 1973 -  section 482 – breach of the MoU – quashing of FIR under offence -  parties have settled the matter on terms – respondent no. 2 has no objection if the proceeding arising out of the aforesaid FIR are quashed – matter is settled by the complainant out of his free will – held:  where the proceedings are still at initial stage and nascent stage, the high court should have exercised its discretion in quashing the proceeding – appeal allowed."

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Case Facts

Abhay Kumar Mishra  vs. Stae (govt. of NCT of Delhi)-Neeraj Mishra vs. State (Govt. Of NCT Of Delhi), 2018 (2) JCC 777- 

Penal Code,1860 – Sections 364A,120B- Evidence act, 1872- Sec. 114 – Illustration(g) - Appeal against conviction - appreciation of evidence - star witnesses for the prosecution are the kidnapped child and his father - Their evidence have to be very carefully examined in order to ascertain the exact role of the convicted accused in the offence - statement under sec. 164 of Cr.P.C. was not immediately recorded before the Metropolitan Magistrate -  No valid explanation on the side of the prosecution for this delay – the kidnapped the child in his evidence did not say that he himself was injured or kept under threat of any injury by any of the accused – evidence of PW2 is totally variance with the police version – Lack of proper investigation into ransom calls – PW5 and PW6 turn hostile – No test identification parade was arranged by the police for the child to identify the accused – as regard the guilt of the two accused in the present appeals, they are accordingly acquitted of the offence under section 120B IPC and sec 364A IPC – appeal allowed

Penal code, 1860 – section 364A -  essential ingredients of – the person abducted must be under threat of being caused hurt or death or the conduct of the accused ,must give rise to a reasonable apprehension , that the kidnapped person would be put to death or hurt – the causing of hurt or death should be to compel another person to pay ransom -  the key element of sec. 364A IPC is therefore the threat of causing hurt or death by the conduct giving rise to an apprehension by the abducted person of being put to death or hurt.

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Case Facts

Yogesh Gupta vs State, 015 (4) JCC Delhi 2685- 438 CrPC-376 IPC- "First bail application declined change in circumstances- prosecutrix specifically stated before sessions judge get FIR registered due to misunderstanding and miss apprehension-  petitioner declared proclaimed offender- retraction by Prosecutrix- compromise petition allow."

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Case Facts

2015(3) JCC 2138, Sanjay Sharma vs State of Delhi, 376 IPC-438 crPC-Complaint of extortion against complainant by petitioner before FIR-No explanation for delay 35 days-complainant was identified herself under three different names.

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Case Facts

STATE . versus RAMA DHALL - The medical board had opined that the victim’s age was between 18 to 20 years. Taking note of this, the Trial Court had held that since the victim was not a child, provisions of JJ Act would not be attracted. Upholding the impugned order, Justice Sachdeva ruled, “Keeping in view the fact that benefit of doubt has to go to the accused, the age would have to be taken to be the higher of the range as determined by the medical examination while, further keeping in view the margin of error of 1 to 2 years.”
 

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Case Facts

Case No. : Crl.Pet. 122/2019, RAJEN GOHAIN VERSUS THE STATE OF ASSAM AND ANR. - Gauhati HC Quashes Rape Case Against Union Minister Rajen Gohain As Victim Changes Statement. In this case, as noted above, the victim and her husband have sworn affidavits denying the occurrence of the incident. It is also apparent from the materials on record that the matter has been compromised by and between the parties. There is no order by the trial court to conduct any further investigation in the matter.

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Case Facts

Sex After Obtaining Consent By False Promise To Marry Is Rape, Reiterates SC, ""But for the false promise by the accused to marry the prosecutrix, the prosecutrix would not have given the consent to have the physical relationship. It was a clear case of cheating and deception. "

 

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Case Facts

Sudheer Chauhan Vs. State, 2018 (2) JCC 1011, "Bail-FIR under Section 420/467/468/471/120 (B) IPC registered-Petitioner received sum of Rs. 8,50,000/- on account of sale of plot but now either the money is being returned nor be he has been handed over the possession of the plot-Complainant went to take possession of the property when he was told that the property is non-existent and the owner was found to be one ’KPS’-Despite agreeing to return the total sum of Rs. 8,50,000/- the petitioner till date has not returned the amount-Petitioner is in custody in the above noted FIR for the last 10 months-This court deems it fit to grant bail to the petitioner in the above noted FIR."

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Case Facts

Sidhant Verma Vs. State, 2016 (1) JCC 553, "Criminal Procedure Code; 1973-Sec. 439-Regular bail-FIR registered under Secs. 392/397/411/34 IPC and Secs. 25/27/54/59 Arms Act-Petitioner is in custody since 09.04.2012-All the material prosecution witnesses have been examined-Only formal witnesses, who were part of the investigation team remain to be examined- Petitioner is alleged to be involved in 25 criminal cases, however, nothing has come on record to show if he was convicted in anyone of them-Petitioner is admitted."

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Case Facts

Ramesh Singh Vs. State (NCT Of Delhi), 2016 (1) JCC 89, "Criminal Procedure Code, 1973-Sec. 439-Bail-Petitioner is father – in law of the deceased-Period of his custody is more than a year-Offences punishable under Secs. 498A/304B/34 of IPC-Deceased committed suicide by consuming the sulphas tablets-PW1 has made allegations of demand of dowry against the petitioner, however said allegations were not narrated in his statement recorded by the SDM concerned-Five witnesses have already been examined, who are related to the deceased-Petitioner is entitled for bail."

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Case Facts

Hari Gopal Wadhwa & Anr. Vs. State, 2007 (4) JCC 2644, "Bail 439 crPC-FIR registered under Secs. 498A, 304B IPC-No doubt, an unnatural death is always a cause for concern and f proved that the daughter-in-law of the family was compelled to take her own life as it was rendered not worth living by the in-laws-They must suffer-But personal liberties have to be preserved, meaning thereby, in an appropriate case, accused has to be set free till trial concludes-Petitioner entitiled to be released on bail"

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Substantial Risk Breach

The Charges:

Numerous definitions of law have been put forward over the centuries. The Third New International Dictionary from Merriam-Webster.definitions of law have been put forward definitions of law.

Date:

12 Oct 2018

Substantial Risk Breach

The Charges:

Numerous definitions of law have been put forward over the centuries. The Third New International Dictionary from Merriam-Webster.definitions of law have been put forward definitions of law.

Date:

12 Oct 2018

Substantial Risk Breach

The Charges:

Numerous definitions of law have been put forward over the centuries. The Third New International Dictionary from Merriam-Webster.definitions of law have been put forward definitions of law.

Date:

12 Oct 2018