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Criminal Procedure, 1973 — Section 197 — Sanction for prosecution — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 217 — Delay in granting sanction — High Court’s direction for deemed sanction if authority fails to decide within one month — Supreme Court notes that the earlier judgment in Dr. Subramanian Swamy vs. Manmohan Singh (2012) 3 SCC 64 does not support the concept of deemed sanction, and a Coordinate Bench had also rejected such an argument in Suneeti Toteja Vs. State of Uttar Pradesh (2025 SCC OnLine SC 433). Supreme Court finds it appropriate to refer the matter to a larger Bench due to persistent complaints of lethargy or apathy in granting sanction. The High Court’s direction on deemed sanction is stayed until further orders Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Dismissal of High Court application — Supreme Court intervention — Appellant aggrieved by denial of anticipatory bail by High Court — Supreme Court granted leave, set aside High Court order, and directed bail upon arrest, subject to appellant cooperating with investigation within legal limits. Penal Code, 1860 (IPC) — Sections 306 and 309 — Abetment of suicide and attempt to commit suicide — Suicide pact — Mutual encouragement and reciprocal commitment to die together — Survivor’s participation acts as a direct catalyst for the deceased’s actions — Psychological assurance or instigation, if intentional and directly related to the commission of offence, constitutes abetment — Each participant’s resolve to commit suicide is reinforced and strengthened due to the other’s participation — Suicide in a pact is conditional upon mutual participation — Assisting in ending life is a crime against the state. Evidence Act, 1872 — Section 8 — Conduct of accused leading to discovery of facts — Even if statements leading to discovery are not admissible under Section 27 due to lack of custody, they can be admitted under Section 8 as conduct, serving as a link in the chain of evidence, but cannot alone result in conviction. Penal Code, 1860 (IPC) — Sections 406, 419, 420, 467, 468, 471, 506 — Cheating, Criminal Breach of Trust, Forgery — Bail — High Court order granting bail to accused set aside — Accused is a habitual offender with multiple aliases, fake IDs, and a history of absconding and non-cooperation with trial — Bail was granted on parity with co-accused, but this principle was misapplied without considering the accused’s individual conduct and criminal antecedents — Grant of bail poses a risk to society — Trial to be expedited.

Investigation—Police Diaries–Gists of the interrogation recorded by an investigating officer in his diary cannot be regarded as statements under Section 161(3) Cr. P.C. and assuced is not entitled to any copy of such ‘gists’. Investigation—Statements under Section 161 need to be separated from observations which are recorded under Section 172 in order to make available the statement under Section 161(3) to the accused.

2007(1) LAW HERALD (SC) 765 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 201 of…

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