Criminal Procedure Code, 1973—Section 438—Interim protection from arrest—Indian Penal Code, 1860—Sections 376(1) and 354—Petition seeking anticipatory bail in FIR registered for offences under Ss. 376(1) and 354 IPC—Supreme Court issued notice and granted interim protection—Held, till next date of hearing, petitioner shall not be arrested—Protection subject to condition that petitioner shall join investigation as and when called by Investigating Officer—State directed to file counter affidavit indicating whether petitioner joined investigation and outcome thereof. [Paras 1 to 4] ...

Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Delay in lodging FIR—FIR lodged after inordinate delay of more than five years—Notice issued by Supreme Court—Interim protection granted—Held, in the event of arrest in connection with the concerned crime case, petitioners to be released on personal bond of Rs 25,000/- each—Subject to undertaking to cooperate with investigation, to remain available to Investigating Officer as required and not to threaten witnesses or tamper with evidence. [Paras 2 to 4] ...

A. Criminal Procedure Code, 1973—Sections 437, 439—Bail—Parity—Appeal against rejection of bail by High Court—Appellant facing trial in FIR alleging offences under Ss. 304, 279, 337, 338, 427, 120-B, 209, 213, 214, 466, 467, 468, 471, 109 r/w S. 34 IPC; Ss. 7, 7-A, 8, 12, 13 of Prevention of Corruption Act, 1988; and Ss. 184, 185, 199/177, 3(1)/180, 5, 171, 119 of Motor Vehicles Act, 1988—Co-accused granted bail by Supreme Court in connected appeals—Appellant similarly placed and in custody for about twenty months—State not disputing grant of bail to co-accused—Held, on principle of parity, appellant entitled to similar relief—Impugned order set aside—Bail granted. [Paras 6 to 10] B. Criminal Procedure Code, 1973—Sections 437(3), 439—Conditions of bail&m...

A. Indian Penal Code, 1860—Sections 376, 506—Code of Criminal Procedure, 1973—Regular Bail—Consensual relationship pleaded—Long period of custody—Bail granted with conditions—Passport to be deposited —Allegation of Rape—Consensual Relationship Claimed—One Year Custody—Appellant facing trial for offences under Sections 376 and 506 IPC—Bail rejected by High Court—Appellant contended relationship was consensual; parties had travelled abroad together; complaint lodged after marriage did not materialise—Appellant in custody since 06.02.2025—Considering totality of circumstances and period of incarceration, case found fit for grant of regular bail—Impugned order set aside. [Paras 6–9, 11] B. Criminal Procedure—Conditions to Ensure...

haratiya Nagarik Suraksha Sanhita, 2023—Section 482—Bharatiya Nyaya Sanhita, 2023—Anticipatory Bail—Custodial Interrogation not warranted—Chargesheet filed—High Court order set aside—Anticipatory Bail—Filing of Chargesheet—No need for Custodial Interrogation—Appellant denied anticipatory bail by High Court in connection with offences under Bharatiya Nyaya Sanhita, 2023—Supreme Court had granted interim protection subject to cooperation with investigation—Appellant appeared before Investigating Officer pursuant to notice; chargesheet already filed though charges yet to be framed—In absence of requirement for custodial interrogation at this stage, denial of anticipatory bail held unsustainable—Impugned order set aside. [Paras 3–7] ...

Code of Criminal Procedure, 1973—Sections 438, 439—Anticipatory Bail—Confirmation of Interim Protection—Setting aside of High Court Order—Anticipatory Bail—Interim Protection Confirmed—Compliance with Conditions—High Court rejected anticipatory bail—Supreme Court had granted ad interim protection directing release on bail in event of arrest subject to execution of personal bond and cooperation with investigation—Appellant complied with all conditions; cooperated with Investigating Officer; no allegation of threat, intimidation or influence on witnesses—Considering nature of allegations and conduct of appellant, interim order dated 16.04.2025 confirmed—Impugned judgment of High Court set aside—Appellant directed to continue cooperation and regularly report before...

A. Insolvency and Bankruptcy Code, 2016—Section 7 r/w Section 10A—Corporate Insolvency Resolution Process (CIRP)—Bar during COVID period—Default under original common loan agreement dated 19-06-2013 occurred on 31-03-2018—Plea that restructuring proposals (dated 21-02-2020 and 29-09-2020) reset date of default to fall within Section 10A period (25-03-2020 to 24-03-2021)—Restructuring proposals subject to pre-implementation conditions (favourable tariff order, DSRA creation, priority debt, working capital, operational benchmarks)—Conditions not fulfilled—Proposals never fructified into binding agreements—Hence, original date of default (31-03-2018) governed—Proceedings not barred under Section 10A—Admission of Section 7 application upheld. [Paras 25 to 27] B. Insolve...

A. Education Law—Degree validity—University established under statute later declared ultra vires—Effect on students who had already passed out—University established under Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002—Act subsequently declared ultra vires by Supreme Court in Prof. Yash Pal v. State of Chhattisgarh (2005)—Appellants had obtained B.Lib degree in 2004 prior to declaration—Held, students who had studied and obtained degrees when university was functioning under colour of valid statute cannot be penalised for subsequent invalidation of Act—Absence of fraud or misrepresentation on part of appellants—Degrees protected—Termination of services solely on ground of invalidity of Act unsustainable. [Paras 12, 13, 16] B. Service Law—Termination—Appoi...

A. Limitation Act, 1963—Article 135—Enforcement of decree granting mandatory injunction—Limitation—Execution application under Order XXI Rule 32 CPC seeking enforcement of decree granting mandatory injunction—Decree of First Appellate Court did not fix any specific date for performance—Execution filed more than three years after date of decree—Held, in absence of any date fixed for performance, limitation under Art. 135 commences from date of decree—Application clearly barred by limitation—Execution Court justified in dismissing the application—No interference warranted. [Paras 4 to 6] B. Code of Civil Procedure, 1908—Order 21 Rule 32—Execution of decree for mandatory injunction—Scope—Where execution petition confined only to enforcement of mandato...

A. Penal Code, 1860—Sections 306 and 107—Suicide pact—Surviving partner—Criminal liability—Participation in suicide pact—Reciprocal commitment between parties provides the necessary moral support and impetus to commit suicide—Where one partner survives, such participation constitutes intentional aiding and instigation within meaning of S. 107 IPC—Surviving partner legally culpable under S. 306 IPC for abetment of suicide—Survival does not dilute culpability as acts of participants are interdependent in execution of pact. [Paras 117 to 119] B. Penal Code, 1860—Section 306—Abetment of suicide—Procurement and joint consumption of lethal poison—Accused procured highly toxic organophosphate pesticide and consumed it along with deceased—Knowledge of toxi...