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The accused had been apprehended with pouches of MDMA, charas and ganja. The MDMA was later found to be methamphetamine by the forensic lab report.
“Prolonged incarceration without trial amounts to infringement of right of an accused enshrined under Article 21 of the Constitution of India.”
“Such practice not only delays the conclusion of the trial but also adversely affects the fundamental right to speedy trial guaranteed under the Constitution.”
“Considering that the accused is a young man, who is at fag end of his teen age, this Court is inclined to allow the present bail application and enlarge the accused on bail.”
“Once a Court grants bail to an undertrial or convict, then it is the right of that undertrial or convict to know about the bail order immediately, so that he/she does not remain confined in jail because of the laxity on the part of the judicial system, jail administration, or other instrumentality of the State.”
Covering all the important criminal law cases across various High Courts and the Supreme Court as well as the legislative updates, this roundup provides a quick summary of cases, latest legal updates in criminal law and links to other roundups.
“This is not a case of insufficient evidence, but a case of no evidence at all.”
“The alleged video also included audio suggesting that the two leaders were engaged in a conversation, expressing concerns that the public in both countries was dissatisfied with their leadership and sought to remove them from office.”
The Court noted that as per the doctor’s memorandum, he received 10 % commission for prescribing the cough syrup.
“The act of committing sexual assault on the victim by taking advantage of her poverty and her innocence and also particular community is ruthless act.”
“Specific allegations were levied against the accused by the victim, coupled with the fact that she was dragged into human trafficking by the present applicant and other co-accused.”
The accused has undergone inordinate incarceration for 4 years and 3 months. Even otherwise, given the snail’s pace of the proceedings in the Trial Court, it may so happen that before the same concludes, the applicant may end up undergoing the entire sentence without being held guilty.
“The act committed by the accused along with another accused will remain in her life as a scar.”
“Any person who is directly or indirectly involved in maligning the image of our country (India) and the National flag in any manner is hazardous to society, hence such persons are not liable for any sympathetic consideration.”
“The Courts have to remain alive to both the ends of spectrum, on one hand, safeguarding the liberty of an accused, while on the other, ensuring the right of the prosecution to establish its case. The assessment of grant or refusal of bail, therefore, is also guided by a judicious balance between these two considerations, so that the enforcement of criminal law is neither diluted nor diminished.”
Covering all the important criminal law cases across various High Courts and the Supreme Court as well as the legislative updates, this roundup provides a quick summary of cases, latest legal updates in criminal law and links to other roundups.
Karnataka High Court had granted bail to one accused after finding that he was associated with organisations not banned under UAPA; however, the 2nd accused person’s bail was rejected as he was involved with banned terror outfits.
“The grant of bail constitutes a discretionary judicial remedy that necessitates a delicate and context-sensitive balancing of competing legal and societal interests.”
The Court had granted bail to the accused whose bail had to be denied due to a typographical error.
“No High Court or Trial Court shall pass any order granting regular bail or anticipatory bail based on an undertaking by the accused or their family members to deposit a particular amount. All such pleas shall be decided strictly on their own merits, in accordance with law.”