Decided on : 05-12-2019 – [Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains HELD “The High Court was also not justified in observing ‘that the protection available to a public servant while in service, should also be available after his retirement’.”

[Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains [Read Judgment] BY: ASHOK KINI8 Dec 2019…

Decided on : 05-12-2019 Penal Code, 1860 (IPC) – Sections 120B, 302, 201, 34 – Arms Act, 1959 – Sections 25, 27, 54 and 59 – Criminal Procedure Code, 1973 (CrPC) – Sections 223, 227, 228 and 391 – Evidence Act, 1872 – Sections 8 and 10 – After the commission of the crime, accused absconded and did not join the investigation – Prosecution has made out a strong prima facie case and the materials on record are sufficient to frame charges against accused.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF NCT OF DELHI — Appellant Vs. SHIV CHARAN BANSAL AND OTHERS — Respondent ( Before : Indu Malhotra and R. Subhash Reddy,…

Decided on : 05-12-2019 Criminal Procedure Code, 1973 (CrPC) – Sections 161 and 439 – Penal Code, 1908 (IPC) – Sections 147, 148, 149, 302 and 397 – Murder – Common intention – Bail granted by High Court – Appeal against – Merely recording “having perused the record” and “on the facts and circumstances of the case” does not sub-serve the purpose of a reasoned judicial order.

SUPREME COURT OF INDIA DIVISION BENCH MAHIPAL — Appellant Vs. RAJESH KUMAR @ POLIA AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Hrishikesh Roy, JJ. )…