A. Criminal Procedure Code, 1973—Section 439—Bail—Extended pre-trial custody—Petitioner detained for nearly two years without conviction, with trial progressing slowly and substantial evidence yet to be produced, resulting in indefinite detention that impinges on fundamental rights including the right to a speedy trial and personal liberty under Article 21 of the Constitution. (See Paras 5.3, 5.1, 8) B. Criminal Procedure Code, 1973—Section 439—Bail—Protection of Vulnerable Persons—Petitioner, a young mother of a five-year-old child, lacks family support due to the death of in-laws and is further handicapped by husband’s medical condition, underscoring the need to safeguard vulnerable individuals from prolonged pre-trial incarceration, consistent with the proviso to Section 480 of t...

Penal Code, 1860 (IPC)—Sections 300, 304—The appellants challenged their conviction and sentence by the learned Trial Court for offences including murder, attempt to murder, and assault under the IPC and Arms Act—The incident occurred on 09.09.2015, when the appellants, armed with deadly weapons, assaulted the complainant and deceased Ratan Singh—While appellant No.2, Prakash Singh, inflicted a fatal axe blow leading to Ratan Singh’s death, the other appellants were involved in lesser injuries—The Trial Court convicted all appellants under various sections, including Section 302/34 IPC for murder—On appeal, the Court noted that the assault was not premeditated, and the absence of motive or prior enmity suggested the offence fell under Section 304 Part I IPC (culpable homicide not amounting to murd...

This judgment pertains to an appeal against acquittal in a case involving charges under Sections 302, 120-B, 201, 498-A, and 468 IPC—The prosecution alleged that the deceased, Neelam, was harassed by her husband and in-laws due to dowry demands, ultimately leading to her death in a suspicious road accident—However, the High Court upheld the trial court’s acquittal, finding that the prosecution failed to establish its case beyond reasonable doubt. PW-7, presented as an eyewitness, reported the incident after an unexplained delay of 4-5 months and failed to identify any accused or detail who was driving the vehicle—Discrepancies in medical evidence also cast doubt on the prosecution's case — with PW-29 recording 6 injuries and PW-8 noting 17 injuries on opposite sides of the body—Testimonies of PW-10 ...

Penal Code, 1860 (IPC)—Sections 302—The acquittal of accused Fateh Lal under Sections 302 and 201 IPC for the murder of his brother Rang Lal, the Court upheld the Trial Court’s judgment dated 19.09.2005 acquitting the accused—The prosecution’s case was based on circumstantial evidence, alleging motive of property dispute and recovery of bloodstained clothes matching the deceased’s blood group—However, the Court found no concrete evidence of motive as Rang Lal had renounced worldly affairs and transferred his property to the accused—Key prosecution witnesses gave contradictory or hostile statements, and the “last seen” theory was not established—The Investigation Officer’s contradictory versions regarding the locked state of the house raised doubts on the prosecution&r...

Constitution of India, 1950—Articles 14, 227—Service Law—Constitutional Mandates—Contractual Government Employees—Equal Pay for Equal Work—Regularization—Unconscionable Contracts—Statutory Rule Applicability—Contractual employees engaged by a government department for over two decades, while performing duties identical to those of permanent staff, are entitled to parity in pay, allowances, and service benefits under the principle of “equal pay for equal work”—The mere contractual label cannot deny them benefits when their work is essential, continuous, and regular in nature—Courts held that restrictive terms imposed via circulars and undertakings signed upon re-employment—under conditions of unequal bargaining power—are unconscionable and unenforceab...

Civil Procedure Code, 1908—Order 39 Rules 1—This writ petition, the petitioners—sisters and plaintiffs in a pending civil suit—challenged the dismissal of their application under Order 39 Rules 1 & 2 CPC seeking temporary injunction against their brother (respondent no.1) from altering the residential character of their jointly inherited property, the Dwarkadhish Haveli in Nathdwara—The dispute centers on the reinstallation of an idol by the respondents, allegedly converting the Haveli into a public temple without the petitioners' consent—The respondents contended that the property is a public trust, supported by a Will and relinquishment deed by the petitioners—The Court had earlier passed an interim restraint order on 02.07.2025—Upon full hearing and failed mediation attempts, the ...

Civil Procedure Code, 1908—Order 14 Rule 2—The present second appeal challenges the judgment and decree dated 08.10.1993 passed by the Additional District Judge, Bali, in Civil Appeal No. 42/1986, which upheld the trial court’s decision to decree a representative suit for eviction and mesne profit in favor of the plaintiffs—The appellants raised three substantial questions of law: (i) whether the courts below erred in not determining the valuation of the temple property before addressing the maintainability of the suit under Section 29 of the Rajasthan Public Trust Act, 1959; (ii) whether the issue of jurisdiction should have been decided first; and (iii) whether the suit was properly constituted under Order 1 Rule 8 of the CPC—The court found that the issue of valuation was not raised with sufficient evidenc...

Criminal Procedure Code, 1973—Section 313—Examination of Accused—Scope and Purpose—Section 313 of the CrPC serves a vital purpose by affording the accused an opportunity to personally explain any incriminating circumstances that have emerged during the prosecution’s evidence—The provision ensures compliance with the principles of natural justice and fair trial, enabling the accused to present their version of the facts and respond to the prosecution’s case—It is not a mere formality but a substantial right meant to allow the accused to offer clarification or rebuttal. ...

Penal Code, 1860—Sections 306 & 107—Abetment of Suicide—To convict for abetment of suicide, the prosecution must prove beyond reasonable doubt that the accused intentionally instigated or actively aided the suicide with a clear mens rea, as defined under Section 107 IPC—Mere allegations of harassment, frequent quarrels, or strained relations are insufficient; there must be a proximate, direct or indirect act of instigation leaving the deceased no option but to commit suicide—Instigation entails an active mental process involving words or conduct aimed at stimulating the act, and ordinary domestic discord or emotional outbursts do not amount to instigation—In appreciating evidence, courts must carefully scrutinize specific proof rather than rely on omnibus allegations—The absence of eyewitness ...

Prevention of Corruption Act, 1988—Section 19—Prosecution Sanction—Application of Mind—The validity of sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988, hinges on the sanctioning authority having applied its mind to the facts and circumstances of the case and the evidence gathered during investigation—The authority must independently evaluate whether a prima facie case exists warranting prosecution—In trap cases, this includes careful consideration of crucial elements such as demand, acceptance, and recovery of illegal gratification—Mechanical or perfunctory grant of sanction without due application of mind renders the sanction vulnerable to challenge. ...