Category: Cr P C

HELD extraordinary circumstances, when a strict case for grant of anticipatory bail is not made out, and rather the investigating authority has made out a case for custodial investigation, it cannot be stated that the High Court has no power to ensure justice proviso which necessitates the Court pass such an exceptional discretionary protection order for the shortest duration period of 90 days, or three months, cannot be considered reasonable.

SUPREME COURT OF INDIA FULL BENCH NATHU SINGH — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : N.V. Ramana, CJI., Surya Kant and Aniruddha Bose,…

(CrPC) – Section 31(1) – Kidnapping and rape – Multiple punishments of imprisonment – Whether the sentences would run concurrently or consecutively? – Held, It is legally obligatory upon the Court of first instance, while awarding multiple punishments of imprisonment, to specify in clear terms as to whether the sentences would run concurrently or consecutively.

SUPREME COURT OF INDIA DIVISION BENCH SUNIL KUMAR @ SUDHIR KUMAR AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : Dinesh Maheshwari and Aniruddha…

According to the learned counsel for the co-accused, they are also aged and that they are also suffering from ill health – Therefore, they contend that a transfer from Darjeeling to New Delhi will make their life miserable – If the petitioner is entitled to a fair trial, the Respondent Nos. 2 and 3 are also equally entitled to a fair trial – Transfer dismissed.

SUPREME COURT OF INDIA SINGLE BENCH DEVENDRA KUMAR SAXENA — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION (CBI) AND OTHER — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition…

Mohd. Mukhtar Ansari case – It is a well settled principle of law that the Statute must be interpreted to advance the cause of the Statute and not to defeat the same – State Government being a prosecuting agency in the Criminal Administration, is vitally interested in such administration – Petition under section 406 of the Code of Criminal Procedure is maintainable.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH — Appellant Vs. JAIL SUPERINTENDENT (ROPAR) AND OTHERS — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ.…

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