A. Bharatiya Nyaya Sanhita, 2023—Sections 85 and 80(2)—Dowry Prohibition Act, 1961—Sections 3 and 4—Regular bail—Parity with co-accused—Held: Where co-accused persons had already been enlarged on bail, petitioner had remained in custody for about one year and nine months, and trial had progressed slowly with only three out of forty-six witnesses examined, grant of bail was justified pending trial. (Paras 1–3) B. Criminal Procedure—Regular bail—Delay in trial—Held: Prolonged incarceration of accused coupled with slow pace of trial and likelihood of further delay in conclusion of evidence are relevant considerations for grant of bail—Accused directed to regularly attend trial and comply with conditions imposed by Trial Court, failing which liberty granted could be withdraw...

A. Code of Criminal Procedure, 1973—Section 389—Suspension of sentence pending appeal—Conviction under Sections 376(2)(n), 376(2)(i) IPC and Section 6 read with Section 5(l) of POCSO Act—Held: Where accused was sentenced to fixed term imprisonment of 10 years, had already undergone 4 years and 11 months of custody and appeal filed in year 2022 was not likely to be heard in near future, suspension of sentence and grant of bail pending appeal was justified. (Paras 3–6) B. Indian Penal Code, 1860—Sections 376(2)(n) and 376(2)(i)—Protection of Children from Sexual Offences Act, 2012—Section 6 read with Section 5(l)—Suspension of sentence—Held: In cases involving fixed term sentences, prolonged incarceration during pendency of appeal and delay in disposal of criminal appeal are rel...

A. Indian Penal Code, 1860—Sections 302 and 201—Circumstantial evidence—Murder of wife inside matrimonial home—Held: Prosecution successfully established complete and unbroken chain of circumstances pointing unerringly towards guilt of accused husband—Medical evidence, injury marks on body, missing ornaments, conduct of accused after incident, false defence through alleged suicide note and failure to explain circumstances of death cumulatively proved homicidal death by strangulation—Conviction under Sections 302 and 201 IPC upheld. (Paras 16–26) B. Indian Evidence Act, 1872—Section 106—Burden of proof—Death of wife in matrimonial home—Held: Where death occurred in suspicious circumstances inside matrimonial home, facts relating to manner of death were within special know...

A. Constitution of India—Article 14—Regularization of Muster Roll/Work Charged workers—Equal treatment—Held: Once State Government framed policy decision dated 22.07.2005 and regularized nearly 30,000 similarly situated Muster Roll and Work Charged workers engaged prior to 01.04.1993, remaining eligible workers could not be denied same benefit merely due to clerical errors, administrative lapses or inadvertent omissions—Selective implementation of policy amounts to arbitrary and discriminatory treatment violative of Article 14. (Paras 54, 59–63, 78–79) B. Constitution of India—Articles 14 and 16—Secretary, State of Karnataka v. Umadevi, (2006) 4 SCC 1—Scope and applicability—Regularization—Held: Umadevi does not impose absolute embargo against regularization in eve...

A. Indian Succession Act, 1925—Section 63—Indian Evidence Act, 1872—Section 68—Proof and validity of Will—Held: Will must be proved by examining at least one attesting witness capable of proving execution and attestation—In present case, attesting witness categorically deposed that testator executed Will in his presence and both signed in presence of each other—Concurrent findings of Courts below upholding genuineness and due execution of Will affirmed. (Paras 27–30, 39–40) B. Indian Succession Act, 1925—Section 63—Will—Suspicious circumstances—Exclusion of natural heirs—Held: Mere exclusion of wife and children from testamentary disposition does not by itself constitute suspicious circumstance invalidating Will—Object of Will itself is to alter n...

A. Rajiv Gandhi National Aviation University Act, 2013—Section 46(b)—First Registrar—Appointment and disciplinary control—Held: Transitional provision under Section 46(b) confers power upon Visitor to appoint First Registrar on recommendation of Vice-Chancellor and such appointing authority also possesses power to suspend or terminate services of appointee by virtue of Section 16 of General Clauses Act, 1897—Visitor was therefore competent to terminate services of First Registrar. (Paras 21–27) B. Rajiv Gandhi National Aviation University First Statute, 2016—Statute 28—Removal of employees—Held: In case of allegations of misconduct against employee of University, appointing authority is competent to place employee under suspension and remove him from service after due enquiry and op...

A. Code of Criminal Procedure, 1973—Section 438—Anticipatory bail—Cheating, forgery and illegal online transactions—Held: Where appellant was not named in original FIR and was implicated subsequently only on basis of disclosure statement of co-accused, and investigation stood completed with filing of chargesheet and supplementary chargesheet, custodial interrogation was not warranted and appellant was entitled to anticipatory bail. (Paras 3–7) B. Indian Penal Code, 1860—Sections 417, 419, 420, 465, 471, 474 and 506—Anticipatory bail—Role attributed to accused—Held: Mere allegation that accused introduced complainant to co-accused allegedly running illegal online gaming transactions, without necessity of further custodial interrogation after completion of investigation, was insuffici...

A. Constitution of India—Article 32—Writ jurisdiction—Prayer for registration of FIR, police protection and transfer of investigation to CBI—Held: Supreme Court declined to exercise discretionary jurisdiction under Article 32 where petitioners had already been granted adequate remedies and liberty by High Court in earlier PIL proceedings but failed to avail same—Availability of alternative statutory remedies and failure to pursue remedies before competent forums disentitled petitioners to relief under Article 32. (Paras 7–9, 16–20) B. Code of Criminal Procedure, 1973—Section 156(3)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 175(3)—Registration of FIR—Held: Where grievance of petitioners was non-registration of FIR, appropriate remedy was to approach jurisdict...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Anticipatory bail—Indian Penal Code, 1860—Sections 201, 383, 406, 417, 420 and 506 read with Section 34—Information Technology Act, 2000—Section 66D—Held: Where accused had joined investigation pursuant to interim protection granted by Supreme Court and was cooperating with Investigating Officer, custodial interrogation was not considered necessary at that stage—Supreme Court granted anticipatory bail by setting aside High Court order refusing relief. (Paras 3–8) B. Criminal Procedure—Anticipatory bail—Cooperation with investigation—Held: Grant of anticipatory bail justified where accused complied with interim directions of Court, appeared before Investigating Officer and extended cooperation during investigation—Protecti...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Bail—Cancellation of bail—Subsequent FIR—Held: Bail granted in earlier FIR cannot continue to remain cancelled once accused has already been granted bail in subsequent FIR forming basis for cancellation and there is no allegation of commission of offence after grant of earlier bail—Supreme Court restored liberty and enlarged petitioner on bail considering totality of circumstances. (Paras 4–12) B. Bharatiya Nyaya Sanhita, 2023—Sections 64, 64(2)(m), 332(b), 351(2)—Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(w)(i), 3(2)(v) and 3(2)(va)—Delay in lodging FIR—Held: Delay of one year and seven months in lodging subsequent FIR was significant circumstance favouring grant of bail, parti...