A. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 437 -- Default bail – Condition to deposit Rs.8,00,000/- – Permissibility of – Held, only requirement for getting the default bail/statutory bail u/s 167(2), Cr.P.C. is that the accused is in jail for more than 60 or 90 days, as the case may be -- And within 60 or 90 days, as the case may be, the investigation is not completed and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail -- Imposing such condition while releasing the accused on default bail/statutory bail would frustrate the very object and purpose of default bail under Section 167(2), Cr.P.C. -- Condition imposed by the High Court is unsustainable and deserves to be quashed and set aside – Condition quashed and set aside.

(Para 9-11)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Default bail -- Condition directing the appellant to report before the concerned police station daily at 10:00 a.m., until further orders, for interrogation is concerned is unsustainable, as it is too harsh -- Instead, condition which can be imposed is directing the appellant to cooperate with the investigating officer in completing the investigation and to remain present before the concerned police station for investigation/interrogation as and when called for, and on breach the investigating officer can approach the concerned court for cancellation of the bail – Condition modified by Supreme Court.

(Para 10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 311 – Fair trial – Cross-examination – Right of -- Application u/s 311 Cr.P.C. to place on record certain documents was allowed, no witness was recalled or examined for the purpose of proving the additional record and the same was taken on file straightway – Petitioners filed application u/s 311 Cr.P.C to recall witnesses for the purpose of cross-examining them in relation to the additional record -- Application dismissed on the ground that the petitioners could lead defence evidence and examine any official from the concerned department – Held, denial of the petitioners' right of cross-examination cannot be countenanced -- It is a valuable right given to the accused and such right cannot be diluted in this fashion -- Approach adopted by the learned ASJ negated the very basic and fundamental norms of a fair trial – Direction given to ld. ASJ to recall the witnesses for further cross-examination and proceed thereafter with the case in accordance with law – Revision allowed.

(Para 10-14)

A. Constitution of India, Article 21, 226, 227 -- Indian Penal Code, 1860 (45 of 1860), Section 452, 324, 323, 34 -- Right to go abroad – Pendency of FIR – Effect of -- Accused is presumed to be innocent until convicted -- Rights of an accused does not automatically get suspended merely because he is being prosecuted in a criminal case -- One of the facet of right to liberty is to travel abroad – Held, while deciding such applications, the Courts must have regard to the nature of allegations, the conduct of the accused and above all, the need to ensure that the accused does not pose the risk of evading the prosecution – Concern of the Court ought to be only to ensure speedy trial of the criminal case and avoid the possibility of accused fleeing the reach of law -- Liberty of a citizen or a non-citizen cannot be unreasonably curtailed except in the circumstances as discussed above.

(Para 10,11)

B. Constitution of India, Article 21, 226, 227 -- Indian Penal Code, 1860 (45 of 1860), Section 452, 324, 323, 34 -- Passports Act, 1967 (15 of 1967), Section 9 -- Right to go abroad – Renewal of Passport -- Pendency of FIR – Effect of -- Petitioner is struck in the country because he is an accused in a minor offence and conclusion of the trial of the case is taking a lot of time – It has been more than three years since the FIR was registered -- Petitioner has already, with the prior permission of the Court, visited the USA twice during the pendency of the case and did came back -- No doubt, the petitioner overstayed for a few days in the year 2019, however, he did return before the date fixed in the case -- Still further, the petitioner has only applied for renewal/re-issue of the passport – Direction issued to the passport authorities to immediately renew/re-issue the passport of the petitioner, on completion of all the formalities -- Writ petition allowed.

(Para 11-13)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Sections 307, 452, 120-B and 34 – Arms Act, 1959 (54 of 1959), Section 25, 27 – Attempt to murder – Compromise quashing of FIR – Report of JMIC that statements of the parties were recorded which indicates that the compromise is genuine, without any coercion or undue influence -- Inherent jurisdiction of u/s 482 Cr.P.C. exercised so as to secure the ends of justice -- Continuation of the prosecution would result in sheer abuse of process of law – FIR and the consequential proceedings arising therefrom ordered to be quashed – Petition allowed.

(Para 1-8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 173, 190, 482 – Cancellation report of FIR – ACJM vide impugned order directed attached the cancellation report with protest petition and fixed the case for evidence of the complainant – Held, cancellation report filed by the police is not binding on ACJM -- Magistrate may accept the report or on receipt of protest petition or even suo-motu direct re-investigation or further investigation and protest petition filed can be treated as complaint petition, if prima facie a case is made out -- As of now, the impugned order cannot be set aside on mere apprehension that protest petition has already been treated as a complaint u/s 190 Cr.P.C – Petition dismissed.

(Para 7-10)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 190, 207, 208 – Challan filed – Cognizance by court -- Right of accused to copy of challan -- It is only after taking of the cognizance and issuance of process that the accused is entitled, in terms of Sections 207 and 208 of the Code, to copies of the documents referred to in said provisions.

(Para 15)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 173, 190, 207, 208 – Challan filed – Cognizance by court – Right of accused to copy of statement u/s 164 Cr.P.c. – No person is entitled to a copy of statement recorded u/s 164 of the Code till the appropriate orders are passed by the court after the charge-sheet is filed -- Right to receive a copy of such statement will arise only after cognizance is taken and at the stage contemplated by Sections 207 and 208 of the Code and not before -- Application of accused was, therefore, rightly rejected by the Additional Sessions Judge and the order so passed did not call for any interference by the High Court.

(Para 16,17)

Code of Criminal Procedure, 1973 (2 of 1974), Section 82 – Proclamation order – 30 day notice – Requirement of --  A clear period of 30 days was not afforded to the petitioner-accused so as to cause his appearance before the court -- Thereafter, the matter was adjourned but no fresh proclamation was ordered to be issued – Such adjournment beyond 30 days cannot be treated as compliance of the mandatory provisions of Section 82(1) Cr.P.C. -- Impugned order set aside – Direction given to surrender and also make the payment of Rs.10,000/- as costs to the complainant -- On his doing so, ordered to be released on bail.

(Para 7,8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 446 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 142 – Cheque bounce case -- Non-appearance in Trail – Presence ordered to secure through warrant of arrest -- Anticipatory bail -- On account of an accident accused got fracture on his leg and could not appear -- Resultantly, his presence was ordered to be secured through warrant of arrest – Petition disposed of, accused shall surrender before trial Court within fifteen days positively and on surrender, he shall be enlarged on bail on his furnishing personal/ surety bonds to the satisfaction of trial Court -- Trial Court is at liberty to initiate proceedings u/s 446 Cr.P.C. against the petitioner in accordance with law -- Meanwhile, no coercive steps shall be initiated against the petitioner pursuant to warrant of arrest already issued against him.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 302, 307, 354, 341, 323, 365, 506, 148/149 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder case – Regular bail -- S.I.T. upon examining the 'Call Detail Records', had come to a conclusion that as per 'Tower Location' information, none of the two petitioners was present at the spot at the time of occurrence – None of the petitioners is attributed the fatal blow either as per the FIR or as per the supplementary statement made by the complainant -- Petitioners have been behind bars since the last more than 6 months and challan already stands presented -- None of the petitioners is stated to be involved in any other case, as per the custody certificate -- Petitioners are ordered to be released on bail.

(Para 7,8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 156(3) -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 469, 470, 471, 474, 34 – Constitution of India, Article 21 -- FIR against accused – Permission to go abroad – Right of – While evaluating the issue, Court must have regard to nature of the allegations, the conduct of the appellant and above all, the need to ensure that he does not pose a risk of evading the prosecution – Appellant regularly travelled between the US and India on as many as sixteen occasions between 2015 and 2020 -- Lodging of an FIR should not in the facts of the case be a bar on the travel of the appellant to the US for eight weeks to attend to the business of revalidating his Green Card -- Human right to dignity and the protection of constitutional safeguards should not become illusory by the imposition of conditions which are disproportionate to the need to secure the presence of the accused, the proper course of investigation and eventually to ensure a fair trial -- There is no reason or justification to deny him the permission which has been sought to travel to the US for eight weeks – Appellant granted permission subject to certain conditions.

(Para 21-24)

Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 482 – Grievous injuries -- Non-taking of cognizance by police – Reference made to medical record -- Despite representation to the SSP no action has been taken in this regard -- It would be in the interest of justice to issue directions to respondents to look into the matter and the representation and to take action if required in accordance with law.

(Para 1-5)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 177, 178, 179, 180, 181, 182, 183, 184, 461(I), 462 -- Criminal cases – Trail of offence/offender  – Territorial jurisdiction – Appropriate Court to raise the issue -- Words “tries an offence” are more appropriate than the words “tries an offender” in section 461 (l) -- This is because, lack of jurisdiction to try an offence cannot be cured by section 462 and hence section 461, logically, could have included the trial of an offence by a Magistrate, not empowered by law to do so, as one of the several items which make the proceedings void -- In contrast, the trial of an offender by a court which does not have territorial jurisdiction, can be saved because of section 462, provided there is no other bar for the court to try the said offender (such as in section 27) -- But Section 461 (l) makes the proceedings of a Magistrate void, if he tried an offender, when not empowered by law to do.

-- the issue of jurisdiction of a court to try an “offence” or “offender” as well as the issue of territorial jurisdiction, depend upon facts established through evidence

-- if the issue is one of territorial jurisdiction, the same has to be decided with respect to the various rules enunciated in sections 177 to 184 of the Code and

-- these questions may have to be raised before the court trying the offence and such court is bound to consider the same.

(Para 38, 39)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 26, 177, 178, 179, 180, 181, 182, 183, 184, 461(I), 462 -- Criminal cases – Territorial jurisdiction – Transfer of petition – Power of -- Facts to be established by evidence, may relate either to the place of commission of the offence or to other things dealt with by Sections 177 to 184 of the Code -- In such circumstances, Supreme Court cannot order transfer, on the ground of lack of territorial jurisdiction, even before evidence is marshalled -- Hence the transfer petitions dismissed.

(Para 41, 42)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Insolvency and Bankruptcy Code, 2016 (31 of 2016), Section 7 -- Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, Rule 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheque bounce case – Summoning of accused – Challenge to -- Insolvency proceedings – Effect of -- Account of the Company was frozen by virtue of orders dated 03.12.2018 passed by the NCLT -- All the moveable and immoveable assets of the Company have been taken over – Held, cheque in question is dated 12.06.2017, which was dishonoured on 29.07.2017 i.e. much prior to the passing of the order by the NCLT -- Even the legal notice dated 26.08.2017 served upon the petitioner is prior to commencement of IBC proceedings – Petitioner cannot thus take ruse under NCLT order passed after the institution of impugned complaint and passing of the summoning order.

(Para 3,4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 160, 438, 482 – Blanket Anticipatory bail – Alleged,  due to participation in the protest of the Farmers' Bill, 2020, the police are running after petitioners to implicate in some false case apart from harassing and humiliating them by conducting raids at their houses under the influence of the senior leaders of the ruling party -- Without commenting upon the merits of the case or opining on the veracity of the allegations the petition disposed of with a direction that in case the presence of the petitioners is required in connection with the investigation of any case, procedure as contemplated under Section 160 Cr.P.C be strictly followed.

(Para 3,4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 437, 439 – Statutory/ Default bail granted – Challan filed before submitting bail bonds – Cancellation of bail -- Before petitioner could furnish his bail bonds the challan was filed at about 5.00 p.m., following which, the statutory bail already granted was cancelled vide the impugned order – Impugned order set aside and a direction passed upon the Ld. Court below to accept the bail bonds, if any, in compliance of the previous order granting him statutory bail – Held, cancellation can only be ordered on merits of the case u/s 437 or 439 of the Cr.P.C., and not merely on account of the fact that challan had been presented by the I.O after the said order was passed.

(Para 2-9)

A. Indian Evidence Act, 1872 (1 of 1872), Section 11 -- Circumstantial evidence – Chain of circumstances -- In case of a circumstantial evidence, the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else and the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence.

(Para 5.4)

B. Indian Evidence Act, 1872 (1 of 1872), Section 11 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 100(4), 166 (3)(4) – Search in violation of Section 100(4) and 166(3)(4) of Cr.P.C -- Circumstantial evidence – Role of -- Investigaiton officer received a secret information that one jeep is lying in abandoned condition on the Chandigarh road and though the distance was around 300 kilo meters, he straightway went to Chandigarh and recovered the jeep in the presence of Bhunter people brought by him and did not follow the procedure as required to be followed under Section 166 (3 & 4), Cr.P.C -- Even he did not comply with the provisions of Section 100 (4) Cr.P.C -- Non-following of the aforesaid provisions alone may not be a ground to acquit the accused -- However, considering the overall surrounding circumstances and in a case where recovery is seriously doubted, non-compliance of the aforesaid play an important role.

(Para 7)

A. Indian Penal Code, 1860 (45 of 1860), Section 120-B, 366 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- Kidnapping – Appellants facilitating procurement of Sim Card – Conspiracy – Suspension of sentence during pendency of appeal -- Sim card was allegedly used by co-accused and his colleagues in the commission of offence of kidnapping -- Whether the appellant was a party to the agreement to do or caused to do the illegal act of kidnapping to be a member of the criminal conspiracy -- No substantial evidence that the appellant was aware that the sim card would be later on or was likely to be used in the commission of the offence of kidnapping -- Sentence suspended during the pendency of the criminal appeal pending before High Court.

(Para 4-6)

B. Indian Penal Code, 1860 (45 of 1860), Section 120-A, 120-B -- Conspiracy cannot be assumed from a set of unconnected facts or from a set of conduct at different places and times without a reasonable link.

(Para 5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 60 – NDPS case – Seizure of vehicle -- Release of vehicle on Sapurdari –Merely because vehicle was carrying narcotic substance and the same has been seized under the Act cannot be a ground for declining the release of vehicle on sapurdari -- Condition of the vehicle is likely to deteriorate while in custody on account of non-user thereof -- Aspect of confiscation of the vehicle can be looked at the appropriate stage but it cannot be termed to be a circumstance to deny the release of vehicle on sapurdari -- Vehicle ordered to be released on sapurdari.

(Para 2-7)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 1, 14 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter – Anticipatory bail -- Allegations as per the FIR are that police on secret information got recovered 100 litre of Lahan from room adjoining residential house of petitioner – As per petitioner false case has been planted against him and he is a simple agriculturist and is not involved in any other case and therefore, has prayed for grant of anticipatory bail -- Petitioner is not required for custodial interrogation at all -- Petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C and would not make any default in this regard.

(Para 2-7)

A. Binding precedent -- Power of smaller Bench to say ‘per incuriam’ – A judgement may be held to be per incuriam in case it failed to notice an earlier binding precedent which covered the field -- Even in such a situation a smaller Bench cannot say that the judgement of a larger Bench is per incuriam -- The only course available to it is to make a reference to the larger Bench.

(Para 10)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36-A(4) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167, 173 -- NDPS case – Challan without report of the Chemical Examiner/Forensic Science Laboratory -- Incomplete challan -- Default bail -- By virtue of the doctrine of stare decisis, the Single Bench judgements in Akash Kumar alias Sunny (Law Today Live Doc. Id. 14977) and Shankar (CRM No. M-44412 of 2019/20th December 2019) are binding as they lay down a proposition of law although at variance with the law laid down by the Division Bench in Ajit Singh alias Jeeta (Law Today Live Doc. Id. 14121) -- Smaller Bench could not have declared the judgement of a larger Bench to be per incuriam -- Judicial discipline demands that a reference be made to a Division Bench regarding the validity and correctness of the aforementioned Single Bench judgements -- File sent to Hon'ble the Chief Justice with a request to constitute a Division Bench for consideration of this matter -- Meanwhile, direction given that petitioner be released on bail

(Para 11,12)

Indian Penal Code, 1860 (45 of 1860), Section 302 -- Constitution of India, Article 32 -- Writ petition for a mandamus to transfer the investigation to CBI --  Denovo Investigaiton -- Death of the deceased was initially sought to be passed off as accidental by collision with a train or suicidal -- F.I.R. u/s 302, IPC was registered very much belatedly, albeit reluctantly, only at the persistence of the petitioner and her husband after they repeatedly approached the higher authorities -- Entire investigation and the closure report lack bonafide -- Closure report set aside and direction given for a de novo investigation by a fresh team of investigators to be headed by a senior police officer of the State consisting of efficient personnel well conversant with use of modern investigation technology also -- No officer who was part of the investigating team leading to the closure report shall be part of the team conducting de novo investigation -- Fresh investigation must be concluded within a maximum period of two months and the police report be filed before the court concerned whereafter the matter shall proceed in accordance with law -- Writ petition allowed.

(Para 8-15)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 378 -- Acquittal by Trial Court – Power of appellate court -- View taken by the trial court was not at all possible, having regard to the evidence on record – High Court rightly set aside the same – Submission that even assuming that other view is possible, same is no ground to interfere with the judgment of the trial court rejected.

(Para 7-11)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 54 – Possession of contraband – Onus of proof -- Onus was on the accused to explain the possession and in absence of the same being discharged, presumption u/s 54 of the NDPS Act will kick in.

(Para 11)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- NDPS case – Release of vehicle on Superdari – Held, no useful purpose would be served by keeping the vehicle parked in the premises of police station -- Large number of vehicles are since seized by the police officials daily and, all are kept unattended -- Resultantly, with passage of time, condition of vehicle becomes beyond repair -- Owner can always be put to terms by the Court while releasing the vehicle -- Trial too is not likely to commence or conclude any time soon, due to current pandemic conditions – Vehicle/car ordered to be released on superdari.

(Para 5-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 125 – Contempt of Courts Act, 1971 (70 of 1971), Section 2(b), 12 -- Non-payment of arrears of enhanced maintenance u/s 125 Cr.P.C – Contempt proceedings -- High Court ordered arrears of enhanced maintenance shall be paid in three equal instalments within six months -- Respondent flouted the order with impunity -- Firstly, the order was not complied by making three equal installments -- Secondly, even Court gave chance to respondent to comply with the order, but the respondent made a self-serving statement in the context of paying of Rs.1.5 lakhs unconditionally without adhering to the payment of arrears of maintenance -- Held, respondent has wilfully and deliberately violated the order and he has no respect for the Court's order -- Respondent convicted for civil contempt u/s 2(b) and sentenced to simple imprisonment for a period of two months with fine of Rs.2,000/-.

(Para 21, 22)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- NDPS matter – Large period of custody during pendency of appeal -- Suspension of sentence -- Rigors of Section 37 would have to be met before the sentence of a convict is suspended and bail granted and mere passage of time cannot be a reason for the same.

(Para 4, 5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 302, 120-B -- Arms Act, 1959 (54 1959), Section 25 -- Summoning of additional accused -- Complainant in her statement on the basis of which the FIR had been registered, specifically mentioned the names and roles of respondents No.2 to 7 – By inquiry report, the concerned DSP had found respondents No.2 to 7 as innocent -- Inquiry report is based on the statements of both the parties as also the mobile tower location -- Though in their statements, respondents No.2 to 7 have denied their involvement, yet they were present in the village – Held, power u/s 319 Cr.P.C., to arraign an accused is to be exercised sparingly and where there is strong and cogent evidence, but the Court is duty bound to give due weightage to the evidence collected and the statements recorded at the time of the registration of the FIR, during investigation and during trial – Enough prima-facie evidence to summon respondents No.2 to 7 as additional accused, to face the trial – Application u/s 319 Cr.P.C. allowed and respondent Nos. 2 to 7 are ordered to be summoned to face the trial as additional accused – Said respondents directed to appear before the trial Court and upon doing so, they ordered to be released on bail by the trial Court, on their furnishing adequate surety and bail bonds.

(Para 17-19)

Indian Penal Code, 1860 (45 of 1860), Section 302 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 374 – Limitation Act, 1963 (36 of 1963), Section 5 -- Conviction u/s 302 IPC – First appeal dismissed by High Court on account of delay of 1192 days  -- Matter was remitted to the High Court to consider the appeal on merits – Review sought by State -- Held, in a criminal matter, where the life and liberty of a person is in question, one right of appeal has always been accepted and appropriate steps must be taken to effectuate that right -- Considerations on account of delay and limitation ought not to negate the right of appeal inhering in an accused – Review petition dismissed, order under review, affirmed.

(Para 3-6)

Prevention of Food Adulteration Act, 1954 (37 of 1954), Section 2(ix), 7(ii) -- Prevention of Food Adulteration Rules, 1955, Rule 32(e) -- Lot/Code/Batch Identification – Prosecution for misbranding being in violation of Rule 32(e), lacking in necessary declaration of lot/batch numbers – Barcode was available on the sample is not in dispute – Held, lot/code/batch identification to facilitate it being traced to the manufacturer are available in the barcode and which can be decoded by a barcode scanner -- No useful purpose is going to be served by allowing the present prosecution to continue and it will be an abuse of the process of law, causing sheer waste of time, causing unnecessary harassment to the appellant, if the prosecution is allowed to continue – Appeal allowed and prosecution of the appellant quashed.

(Para 2-8)

Electricity Act, 2003 (No.36 of 2003), Section 136 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439, 482 -- Regular bail in 21 cases -- Onerous and impossible conditions imposed for bail – Inherent power of High Court – Exercise of – Condition imposed of furnishing Rs.50,000/- as bail bond with one local surety for the like amount in each of the 21 FIRs is certainly an onerous condition, as in effect it will mean that he will have to furnish Rs.10,50,000/- as bail bonds with a local surety for the like amount in totality -- Fit case for invoking inherent power u/s 482 Cr.P.C -- Impugned orders set aside – Petitioner shall furnish one surety in one case for a sum of Rs.2 lakhs and two sureties for a sum of Rs.2 lakhs each, which sureties, would be applicable for all 21 cases -- Petitioner, in any case, shall furnish separate personal bonds in all 21 cases -- Upon the same being furnished, the petitioner ordered to be released on bail forthwith.

(Para 1,8-11)

Indian Penal Code, 1860 (45 of 1860), Section 304 Part II – falsus in uno, falsus in omnibus – Applicability of -- Contention that once the witnesses had been disbelieved with respect to the co-accused, their testimonies with respect to the present accused must also be discarded -- In effect, relying on the legal maxim “falsus in uno, falsus in omnibus”, which Indian Courts have always been reluctant to apply -- Trial Court gave specific reasons for disbelieving the testimony of the witnesses with respect to the co-accused, and extending the benefit of doubt to them, while convicting the appellant on the strength of the evidence against him – Court found no infirmity in the approach of the Trial Court -- Conviction u/s 304 Part II upheld. Nisar Ali’s case AIR 1957 SC 366 and Rohtas’s case (2019) 10 SCC 554 relied.

(Para 1, 11-15)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 302, 460, 34 – Murder case – Regular bail -- Blind murder wherein none had seen any of the accused -- Petitioners sought to be nominated on the basis of disclosure statements made by the co-accused, who came to be arrested after 9 months of the occurrence and that too after recording of statement of daughter of the deceased – Veracity and admissibility of such statement would certainly be debatable -- Petitioners are not even stated to be involved in any other case, their further detention would not serve any useful purpose -- Petitioners ordered to be released on regular bail.

(Para 6,7)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 341, 354C, 506, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Regular bail -- Petitioner is in custody since 25.01.2020 -- Allegations of rape and criminal intimidation are against co-accused -- In the FIR, no overt act has been attributed to the petitioner and his involvement in the offence has surfaced on the basis of disclosure statement of prime accused -- No obscene material has been found in the mobile recovered from the petitioner -- His another co-accused has already been granted bail and on the ground of parity alone, the petitioner is entitled to be released on bail -- That apart, investigation is over and commencement of trial is still awaited -- In the current pandemic scenario, the trial of the case is not likely either to start or get over soon – Taking wholesome view of the matter, but without expressing any opinion on the merits of the case, the petitioner admitted to bail.

(Para 4,5)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 2(h)(o), 35, 41, 42, 43, 50, 44, 49, 51, 52(3), 53, 54, 55, 57, 57A, 58, 67, 68 -- Code of Criminal Procedure, 1973 (2 of 1974), 100,154,156, 157, 173 -- Indian Evidence Act, 1872 (1 of 1872), Section 114(e) – Constitution of India -- Article 21 – NDPS matter – Fair Investigaiton -- Informant and Investigator are same – Effect of -- Observations of Supreme Court in the cases of Bhagwan Singh v. State of Rajasthan (1976) 1 SCC 15; Megha Singh v. State of Haryana (1996) 11 SCC 709; and State by Inspector of Police, NIB, Tamil Nadu v. Rajangam (2010) 15 SCC 369 and the acquittal of the accused by Supreme Court on the ground that as the informant and the investigator was the same, it has vitiated the trial and the accused is entitled to acquittal are to be treated to be confined to their own facts -- It cannot be said that in the aforesaid decisions, Supreme Court laid down any general proposition of law that in each and every case where the informant is the investigator there is a bias caused to the accused and the entire prosecution case is to be disbelieved and the accused is entitled to acquittal.

(Para 12(I))

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 2(h)(o), 35, 41, 42, 43, 50, 44, 49, 51, 52(3), 53, 54, 55, 57, 57A, 58, 67, 68 -- Code of Criminal Procedure, 1973 (2 of 1974), 100,154,156, 157, 173 -- Indian Evidence Act, 1872 (1 of 1872), Section 114(e) – Constitution of India -- Article 21 – NDPS matter -- Informant and Investigator are same – Effect of -- In a case where the informant himself is the investigator, by that itself cannot be said that the investigation is vitiated on the ground of bias or the like factor -- Question of bias or prejudice would depend upon the facts and circumstances of each case -- Therefore, merely because the informant is the investigator, by that itself the investigation would not suffer the vice of unfairness or bias and therefore on the sole ground that informant is the investigator, the accused is not entitled to acquittal. The matter has to be decided on a case to case basis. A contrary decision of Supreme Court in the case of Mohan Lal v. State of Punjab (2018) 17 SCC 627 and any other decision taking a contrary view that the informant cannot be the investigator and in such a case the accused is entitled to acquittal are not good law and they are specifically overruled.

(Para 12(II))

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 323, 324, 326, 34 – Compromise quashing of FIR -- As per the report, compromise reached between the parties seems to be genuine and without pressure or coercion -- Statements of the petitioners as well as the complainant are also on record which suggest that the matter stands amicably settled -- Petition allowed, FIR and all consequential proceedings arising therefrom quashed qua the petitioner(s). Gian Singh’s case 2012(4) RCR (Criminal) 543 and Narinder Singh’s case (2014) 6 SCC 466 relied.

(Para 3-7)

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 1, 2(12)(13)(20)(35), 8, 12, 15, 18, 19, 102 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Child in conflict with law – Regular bail – Maintainability of -- Whether a child in conflict with law, who is being tried as an adult for the purpose of trial u/s 18(3) of the J.J. Act, could maintain an application for grant of regular bail under Section 12 of the J.J. Act or u/s 439 Cr.P.C. before the Children’s Court and the High Court – Held, an application for grant of bail to a Child apprehended or detained by the police will be entertained by the J.J. Board u/s 12 of the J.J. Act and an application u/s 439 Cr.P.C. before the Children’s Court will not be maintainable.

(Para 9-18)

Code of Criminal Procedure, 1973 (2 of 1974), Section 372, 377 -- Appeal by victim/State for enhancement of sentence – Maintainability of -- Victim’s right of appeal is restricted to three eventualities, namely, acquittal of the accused; conviction of the accused for lesser offence; or for imposing inadequate compensation – Held, it is open for the State Government to prefer appeal for inadequate sentence u/s 377, Cr.PC but no appeal can be maintained by victim u/s 372, Cr.PC on the ground of inadequate sentence.

(Para 9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 357(3), 374 -- Conviction of accused – Deposit of compensation – Appeal against conviction -- Release of compensation – Right of victim – Held, compensation awarded in exercise of power u/s 357(3) Cr.P.C is under challenge in criminal appeals pending before the High Court, it is not desirable to release such compensation in favour of the appellant, at this stage.

(Para 10)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 319 -- Summoning of additional accused -- No further evidence than what was available during investigation -- When a strong and cogent evidence is led against a person, power u/s 319 Cr.P.C. can be exercised, it is not to be exercised in a casual manner -- A perusal of the statement of injured witness indicates over implication on the face of it -- No injury has been attributed to either of the respondents -- Gun-shot injuries attributed only to co-accused – If someone was present with co-accused, it cannot be said that they had any common intention or there was meeting of mind or knew that co-accused would be firing -- No fault can be found with the order passed by the trial Court dismissing the application u/s 319 Cr.P.C. – Order, upheld and the revision petition dismissed.

(Para 20-22)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Summoning of additional accused -- Power u/s 319 Cr.P.C. to summon the remaining respondents as an additional accused in the absence of any other evidence than the evidence that was already available with the Investigating Agency is against the well settled proposition of law – No evidence except the statement, which has already been investigated into by the concerned DSPs was relied upon by the trial Court to summon, which was not sufficient for exercising power u/s 319 Cr.P.C – In case, so many people as named were giving gandasi and lathies blows on the head, victim was bound to have suffered more injuries, which would not have left him alive and probably he would have been killed on the spot -- Trial Court erred in exercising his jurisdiction summoning the other accused where exaggeration and implication is evident on both sides -- Order of Trial Court summoning the petitioners as additional accused set aside.

(Para 28-33)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Section 379-B -- Snatching with hurt – Regular bail -- Submission that except the disclosure statement of co-accused, there is no other evidence as after the arrest of the petitioner, nothing was recovered from him to connect him with the crime -- Petitioner is in judicial custody for the last about 10 months and challan stands presented, charges are yet to be framed -- Petitioner has no history of any criminal background and this is the first case registered against him and no test identification of the petitioner was conducted -- Petitioner is not involved in any other case and the prosecution evidence is yet to start -- Petition allowed and the petitioner is directed to be released on regular bail.

(Para 5-10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 8, 10, 12 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3(W) (I) (II) & 3 (W) (2) (V) – Aggravated sexual assault -- Challan presented and charges stand framed – In view of the restricted working of the Courts due to pandemic COVID-19 situation, the trial is likely to take some time and petitioner in custody since 05.09.2019 and that out of 16 total witnesses 04 witnesses including the material witnesses have been examined and substantial length of custody i.e. incarceration for a period of one year, no useful purpose would be served in keeping the petitioner behind bars -- Petition allowed, petitioner is directed to be released on regular bail.

(Para 3)

Punjab Good Conduct Prisoners’ (Temporary Release) Act, 1962 (11 of 1962), Section 3(4) -- Punjab Good Conduct Prisoners’ (Temporary Release), Rules, 1963, Rule 3, 4 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 61, 85 – R.I. for 10 years – involvement in other 4 cases of NDPS – Release on parole – Right of -- Held, merely because the petitioner is involved in four other cases, would not be a valid ground to deny him release on parole -- Purpose of release is to make sure that the prisoner as such meets with his family members and the general public -- It is a reformative process, whereby a convict is reintroduced to normal life -- By declining the said benefit which was duly recommended by the Superintendent of Jail, would come within the vice of irrationality and perversity, in spite of the settled position of law – Impugned order passed by the Deputy Commissioner-cum-District Magistrate, quashed -- Matter shall be reconsidered by the said District Magistrate within a period of 4 weeks, keeping in mind the observations made above and pass necessary orders.

(Para 18,19)

Indian Penal Code, 1860 (45 of 1860), 302, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Complainant, who is author of the FIR, has furnished an affidavit that neither there was any quarrel between the petitioner and the deceased nor the petitioner gave any beating to the deceased -- Petitioner is in custody since 26.10.2019 -- Moreover, the case is pending before the trial Court for recording prosecution evidence since 16.03.2020 and in view of COVID-19 pandemic, no evidence is being recorded -- Reference in FIR that the complainant has named the petitioner on the basis of an inquiry – Petition allowed, petitioner is ordered to be released on bail.

(Para 11,12)

Indian Penal Code, 1860 (45 of 1860), Section 420, 423, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheating by way of registered sale deed – Attesting witness – Role of – Anticipatory bail -- Complainant alleged to be cheated by her niece and her niece’s husband in relation to certain immovable property, fraudulently transferred by way of a registered sale deed -- Petitioner was one of the attesting witnesses to the said document -- This being the limited role attributed to him, Court opined that it would suffice if he joins investigation at this stage and co-operates with the police -- Petition allowed and he shall forthwith join investigation and in the event his arrest is warranted in future in relation to this case, the petitioner shall be released on bail.

(Para 2)

Passports Act, 1967 (15 of 1967), Section 10(3)(b) – Constitution of India, Article 14, 21 -- Indian Penal Code, 1860 (45 of 1860), Sections 498-A, 323, 406, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82 -- FIR registered u/s 498-A, 323, 406, 506 IPC – Proclaimed offender – Seizure of passport – Fundamental right to travel abroad -- Petitioner was declared a proclaimed offender, when the petitioner was in New Zealand on a valid visa – Thereafter, High Court stayed his arrest for a period of 08 weeks -- On arrival from New Zealand, the passport of the petitioner was seized and later, he had appeared before the trial Court and was granted bail – Impounding of the passport is violative of Articles 14 and 21 of the Constitution of India -- Petition allowed, seizure memo set aside.

(Para 8-15)

Indian Penal Code, 1860 (45 of 1860), Sections 379-A, 511 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 374 – Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Conviction for attempt to snatching handbag -- Appeal against conviction -- First informant failed to identify the appellant in the Court and made a significant improvement while deposing in the Court -- Merely because the mobile phone belonging to the appellant was taken into possession by the first informant and handed over to the police does not prove the involvement of the appellant – Onus to prove its case is on the prosecution – On the disclosure statement of the appellant, the motorcycle was recovered -- Mere recovery of the motorcycle does not connect the appellant to the offence, particularly when the first informant never identified the motorcycle -- Public Prosecutor did not get the motorcycle identified either from the first informant or the alleged eye witness -- Appellant is entitled to the benefit of doubt -- Judgment of conviction followed by the order of sentence is set aside.

(Para 10-14)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 406 -- Transfer power u/s 406 Cr.P.C. – Scope of -- Section 406 Cr.P.C. empowers the Supreme Court to transfer cases and appeals – Held, only cases and appeals (not investigation) can be transferred.

(Para 17)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 157, 174 -- Scope of section 174 Cr.P.C. proceeding – Nature of -- Proceedings u/s 174 Cr.P.C. is limited to the inquiry carried out by the police to find out the apparent cause of unnatural death -- These are not in the nature of investigation, undertaken after filing of FIR u/s 154 CrPC --  Held, inquiry conducted u/s 174 CrPC is limited for a definite purpose but is not an investigation of a crime u/s 157 of the CrPC.

(Para 18-21)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 157, 177, 178, 181(4) -- Delhi Special Police Establishment Act, 1946 (25 of 1946), Section 5, 6 -- Indian Penal Code, 1860 (45 of 1860), Sections 341, 342, 380, 406, 420, 306, 506, 120B -- Criminal breach of trust -- Death at Mumbai – Jurisdiction of Patna Police to register complaint – Consent for CBI Investigation by Bihar police -- Legality of -- At the stage of investigation, it cannot be said that the concerned police station does not have territorial jurisdiction to investigate the case -- Allegation relating to criminal breach of trust and misappropriation of money which were to be eventually accounted for in Patna (where the Complainant resides), could prima facie indicate the lawful jurisdiction of the Patna police -- Exercise of jurisdiction by the Bihar Police appears to be in order -- At the stage of investigation not required to transfer the FIR to Mumbai police -- Bihar government was competent to give consent for entrustment of investigation to the CBI and as such the ongoing investigation by the CBI is held to be lawful.

(Para 22-30)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 157, 177, 178, 181(4), 406 – Delhi Special Police Establishment Act, 1946 (25 of 1946), Section 5, 6 -- Indian Penal Code, 1860 (45 of 1860), Sections 341, 342, 380, 406, 420, 306, 506, 120B – Constitution of India, Article 142 -- Criminal breach of trust -- Death at Mumbai – Proceedings u/s 174 Cr.P.C. at Mumbai -- Patna Police registered FIR, subsequently transferred it to the CBI – In future, if commission of cognizable offence u/s 175(2) CrPC is determined, the possibility of parallel investigation by the Mumbai Police cannot be ruled out – Both states are making acrimonious allegations of political interference against each other, the legitimacy of the investigation has come under a cloud -- To ensure public confidence in the investigation and to do complete justice in the matter, Court exercised powers conferred by Article 142 of the Constitution, while according approval for the ongoing CBI investigation, holding that if any other case is registered on the death of the actor Sushant Singh Rajput and the surrounding circumstances of his unnatural death, the CBI is directed to investigate the new case as well.

(Para 35-41)

Indian Penal Code, 1860 (45 of 1860), Section 84 – Unsoundness of mind -- Plea of – Pleas of unsoundness of mind u/s 84 of IPC or mitigating circumstances like juvenility of age, ordinarily ought to be raised during trial itself -- Belated claims not only prevent proper production and appreciation of evidence, but they also undermine the genuineness of the defence’s case -- Mere production of photocopy of an OPD card and statement of mother on affidavit have little, if any, evidentiary value -- In order to successfully claim defence of mental unsoundness under Section 84 of IPC, the accused must show by preponderance of probabilities that he/she suffered from a serious-enough mental disease or infirmity which would affect the individual’s ability to distinguish right from wrong.

(Para 14-17)

Code of Criminal Procedure, 1973 (2 of 1974), Section 320(8), 482 -- Indian Penal Code, 1860 (45 of 1860), Sections 147, 148, 149, 323, 325, 307, 341 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1) (r), 3(1) (s) and 3 (2) (va) – Attempt to murder – Compromise quashing of FIR -- Injury on the person of complainant was found to be dangerous to life on the basis of CT scan showing fracture left temporoprital bone of skull – Offence u/s 307 IPC is aggravated form of original offence and the same was added after 05 months of registration of FIR -- Interpretation based on Section 320 IPC (Eightly) would also come in operation – Trial has not started so far as challan has not been presented in the present case – Both the parties have amicably resolved their differences – Chances of conviction of the petitioner would be very bleak -- In such a situation, inherent jurisdiction of the High Court under Section 482 Cr.P.C. can be exercised in view of guidelines in Narinder Singh and others's case 2014(2) RCR (Crl.) 482 -- Consequently petition allowed -- FIR as well as all the subsequent proceedings arising therefrom, quashed.

(Para 13, 22-27)

Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 22 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS matter – Regular bail -- Recovery of 50 vials of Winicirex Cough Syrup and 400 tablets of Carisoma – Petitioners are in custody since 13.06.2019 and there is no other case pending against them -- In absence of any specific allegation in the FIR as to which of the petitioners was holding the strip of the bag and considering the fact that trial in the case will take sufficient long time -- Petitioners admitted on regular bail.

(Para 4-9)

Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 22 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS matter – Regular bail -- 1300 tablets of Tramadol Hydrochloride total weight comes to 546.169 grams recovered – Petitioner is in custody since 28.01.2020 -- Challan has been presented and charges are yet to be framed -- Since trial in the case is not likely to be concluded in the near future and there being no other case against the petitioner – Petition allowed, petitioner admitted on regular bail.

(Para 3-7)