A. Code of Criminal Procedure, 1973 (2 of 1974), Section 154 – First Information Report/ FIR – Nature of -- FIR is certainly the starting point of the investigation, but it is well within the rights of the prosecution to produce witness statements as they progress further into the investigation and unearth the specific roles of accused persons -- FIR as is known, only sets the investigative machinery, into motion.

(Para 14)

B. Indian Penal Code, 1860 (45 of 1860), Section 302, 120B, 147, 148, 324 – Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Conviction in murder case – Test Identification Parade/ TIP -- Two courts have concurrently concluded that appellant’s name not being specifically mentioned in the FIR, would not justify his acquittal as he was specifically identified by PW2, PW4, & PW6 -- In view of his positive identification by the eye witnesses, the TIP not being conducted, was held to be immaterial -- Eye witnesses here have ascribed the same specific role to the appellant and narrated the events in same chronology, without material discrepancies – Court cannot lose sight of the fact that this case involves multiple persons attacking in a group with deadly weapons and it is not reasonable to expect recollection of every minute details by the eyewitnesses -- Prosecution has produced cogent evidence of the appellant being part of a conspiracy by all the accused in the assault, which led to the death of BM and injuries to PW1 and others -- As such, the conviction of the appellant by the trial court, as upheld by the High Court, cannot be faulted.

(Para 15-18)

C. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Test Identification Parade/ TIP – Requirement of -- Identity of the appellant/accused was known to the witnesses and he was specifically identified by PW1, and PW2 as the person who wielded the sword and inflicted the injuries -- TIP was unnecessary in the case -- In the face of appellant’s such identification by name in the testimony of the eye witnesses, it can, be safely concluded that the failure to conduct the TIP for the appellant will not vitiate his conviction.

(Para 17)

Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Indian Penal Code, 1860 (45 of 1860), Sections 354 (A)(1), 148, 149, 323 -- Summoning of additional accused -- Investigation was carried thoroughly, which was appreciated by an officer of DSP rank -- Complainant and other witness were examined as PW-4 and PW-1, on a conjoint reading of their deposition, application u/s 319 Cr.P.C. do not make out any case when it is tested on the law settled in Hardeep's case 2014 (3) SCC 92 i.e. summoning u/s 319 Cr.P.C. is an extra ordinary power and it should be used sparingly and not in a routine manner and satisfaction drawn for summoning of the accused should be more than the satisfaction for framing of the charge and less than that of resulting in conviction – Dismissal of application by courts below do not suffer from any infirmity – Petition dismissed.

(Para 8-9)

Indian Penal Code, 1860 (45 of 1860), Sections 325, 323/34, 452 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 397, 401 – Injury case -- Sentence reduced to already undergone -- Petitioner No.1 has already undergone 04 months and 23 days of actual sentence, and petitioner No.2 has undergone actual sentence of 07 months and 07 days out of 2 years – Petitioner No.1 is 57 years of age and petitioner No.2 is 33 years of age – FIR is of the year 2017 and the petitioners have suffered agony of trial for the last four years -- Petitioners never misused the concession of bail/parole nor were involved in any other case and they are also married and are bread-winners for their family -- Petitioners are also ready to compensate the complainant -- While maintaining the impugned judgment of conviction, the sentence awarded by the Courts below to the petitioners is reduced to the period already undergone by them -- Sentence of fine is enhanced from Rs.25,000/- each to Rs.55,000/- each.

(Para 7-11)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 120-B -- Emigration Act, 1983 (31 of 1983), Sections 10, 24 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Cheating – 377 complaints – Regular bail -- After dismissal of bail more than a year elapsed – Against a total of 377 complaints only 17 have been looked into till date and challans having been presented, investigation process may not be concluded for another couple of years -- Petitioner has already faced incarceration since 26.04.2018 -- Investigation is in progress would not be a ground to keep the petitioner indefinitely in custody -- Amount of money which is alleged to have been taken by the petitioner on account of having duped the investors/complainants would be a subject matter of trial on the basis of evidence adduced – Bail after having suffered incarceration for a period in excess of three years cannot be declined on the demand of the complainants that certain amount be first refunded to them -- Investigation/trial is bound to take time to conclude -- Petitioner is held entitled to benefit of bail.

(Para 13-16)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 62 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- NDPS case -- Recovery of Poppy husk -- Superdari of truck -- Son of petitioner was found in possession of 60 kilograms of 'poppy husk' while he was driving the truck -- Truck being case property has been taken into possession by the police, which is liable to be confiscated -- However, as on date, the trial is yet to commence and there is no such finding that the accused is guilty of having committed the offence – Held, in case, the vehicle in question is not released on superdari, the condition of the same is likely to deteriorate on account of its disuse and on account of vagaries of weather, which would not be in the interest of anybody, as unnecessarily the value of the truck in question get diminished – Vehicle in question is ordered to be released.

(Para 5-8)

Code of Criminal Procedure, 1973 (2 of 1974), Sections 28, 29, 30, 31, 427 – Concurrent running of default sentence – Permissibility of -- Default sentence cannot be directed to run concurrently.

(Para 10)

A. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Test Identification parade/ TIP – Object of -- Purpose of holding a test identification parade during the stage of investigation is only to ensure that the investigating agency prima facie was proceeding in the right direction where the accused may be unknown or there was a fleeting glance of the accused.

(Para 9)

B. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Indian Penal Code, 1860 (45 of 1860), Section 395, 397 – Dacoity case -- Test Identification parade/ TIP -- FIR was registered against unknown persons -- Case of the prosecution solely rests on identification in the TIP -- A test identification parade u/s 9 of the Evidence Act is not substantive evidence in a criminal prosecution but is only corroborative evidence -- Mere identification in the test identification parade cannot form the substantive basis for conviction unless there are other facts and circumstances corroborating the identification.

(Para 9)

C. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Test Identification parade/ TIP – Onus to Prove -- Onus lies on the prosecution to establish that the TIP was held in accordance with law -- It is only after the prosecution prima facie establishes a valid TIP having been held, the question of considering any objection to the same arises -- If the prosecution has failed to establish that a TIP was properly held by examining the witnesses to the same, there is nothing for the accused to disprove.

(Para 10)

D. Indian Evidence Act, 1872 (1 of 1872), Section 9 -- Indian Penal Code, 1860 (45 of 1860), Section 395, 397 – Dacoity case -- Test Identification parade/ TIP -- Magistrate conducted the TIP -- Magistrate has not been examined -- No explanation is forthcoming why the Magistrate was not examined -- Only evidence available is that of PW-4 the SHO that during the investigation the TIP was held in the District Jail and he identifies the proceedings in the Court -- Identification of the proceedings is irrelevant as he could not have been present during the TIP -- There cannot be repeated TIPs till such time that the prosecution is successful in obtaining identification of the accused -- PW-1 who is the mother of PW-2, and both of them are stated to have been present in the house when the occurrence took place, did not identify any of the appellants -- Identification by a minor boy and that too in the 3rd and 4th rounds insofar as the present appellants are concerned -- In the nature of the TIP held it is completely non est in the law and the benefit has to go to the accused.

(Para 11,12)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 200, 482 -- Indian Penal Code, 1860 (45 of 1860), Section 304, 316, 34 – Summoning in medical negligence case – Challenge to – Mens-rea – Requirement of -- High Court set side summoning order impressed by the fact that there was no evidence regarding mens rea, to show malicious or bad intent – Held, view taken by the High Court is erroneous -- When it is a case of medical negligence, it need not be because of mens rea as intent.

(Para 1-4)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 200, 482 -- Indian Penal Code, 1860 (45 of 1860), Section 304, 316, 34 -- Summoning in medical negligence case – Challenge to -- Medical evidence – Requirement of -- Trial Court summoned without insisting for medical evidence or examination of professional Doctor as required in terms of the exposition of this Court in Jacob Mathew Vs. State of Punjab & Anr. reported in (2005) 6 SCC 1 – Appropriate course is to set aside the impugned judgment and order of the High Court as well as summoning order issued by the Trial Court and relegate the parties before the Trial Court for reconsideration of the issue afresh -- Appeal disposed of.

(Para 6-9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 188 -- Offence committed abroad – Prior sanction from Central Government – Requirement of -- Previous sanction of the Central Government u/s 188 Cr.P.C. for offences committed by a citizen of India outside the country is not required at the stage of cognizance -- However, trial of the criminal case cannot commence without sanction being accorded u/s 188 Cr.P.C -- High Court dismissed application for quashing of FIR -- Special Leave Petition is dismissed, petitioner is at liberty to raise the ground pertaining to sanction before the commencement of the trial. Thota Venkateswarlu’s case 2011 (9) SCC 527 relied.

(Para 1-3)

Petroleum Act, 1934 (30 of 1934), Section 7, 8 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Storage of diesel in excess of 2500 litres without licence – Seizure of diesel -- Release of diesel on superdari -- Petitioner is ready to furnish a bank draft before the trial Court of an amount equivalent to the price of diesel – Product seized is inflammable and has property of evaporation -- It would be suffice if lab report is taken as to nature of the product, if not already taken -- Product be measured in presence of the petitioner and his counter-signatures be obtained as a token of his acceptance to the measurement and thereafter product be released -- Petitioner shall deposit a Demand Draft equivalent to the price of diesel with the trial Court -- Trial Court shall keep the amount in an F.D.R. in a nationalized bank subject to outcome of the trial.

(Para 9,10)

A. Indian Penal Code, 1860 (45 of 1860), Section 420, 465, 467, 468 -- Cheating and forgery -- Any alteration in any part of a valuable security or anything which is signed or sealed and which is capable of being converted into a valuable security is also fall within the ambit of cheating -- Substitution of pages of a sale deed would amount to tampering and forging the original sale deed, it is not just offence u/s 465 IPC, which would be attracted, but the graver offences punishable u/s 467 & 468 IPC would also get attracted as the forgery was of valuable security and for the purpose of cheating.

(Para 10)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 211 – Addition of more charges than Challan – Power of -- Mere fact that the Investigating Officer at the time of presentation of charge-sheet does not specifically mention a particular offence would not prevent the Court from looking into the entire facts and frame charges for such offence/s which are found prima facie to be made out from the facts of the case.

(Para 11)

Indian Penal Code, 1860 (45 of 1860), Sections 147, 148, 149 & 302 IPC (Section 120-B of IPC added later on) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 439 -- Murder case -- Challan without FSL – Default bail – Right of -- FSL is a material piece of evidence to establish the case of the prosecution, but in every case, it cannot be said that in the absence of the report of FSL, the challan has to be treated as 'incomplete' – In a murder case, while the report of FSL in respect of examination of clothes of the deceased as regards presence of blood stains or viscera report would furnish a material piece of evidence, but the case of the prosecution cannot be said to be absolutely demolished in the absence of such evidence – In such like cases, the absence of FSL report cannot be interpreted to mean that an 'incomplete' challan has been filed so as to extend the benefit of default bail to the accused -- Petition dismissed – The order would not affect the right/s of the petitioner seeking grant of regular bail in terms of Section 439 Cr.P.C.

(Para 7, 8)

A. Indian Evidence Act, 1872 (1 of 1872), Section 118 -- Child witness – Reliability of -- Criminal jurisprudence does not hold that the evidence of a child witness is unreliable and can be discarded -- A child who is aged about 11 to 12 years certainly has reasonably developed mental faculty to see, absorb and appreciate -- Evidence of a child witness alone can also form the basis for conviction -- Mere absence of any corroborative evidence in addition to that of the child witness by itself cannot alone discredit a child witness -- More so when he is the sole witness, a heightened level of scrutiny is called for.

(Para 7)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Statement u/s 313 Cr.P.C. – Value of -- Allegation that the appellant stuffed cloth in the mouth of the deceased was serious and specific against her – Held, in the absence of any question having been put to her in this regard u/s 313 Cr.P.C. the appellant has been seriously prejudiced in her defence -- Procedure u/s 313 CrPC is but a facet of the principles of natural justice giving an opportunity to an accused to present the defence -- Burden of proof on an accused in support of the defence taken u/s 313 CrPC is not beyond all reasonable doubt as it lies on the prosecution to prove the charge -- Accused has merely to create a doubt -- It will be for the prosecution then to establish beyond reasonable doubt that no benefit can flow from the same to the accused.

(Para 9, 10)

C. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Indian Evidence Act, 1872 (1 of 1872), Section 118 – Dowry death/ Murder – Acquittal of Jethani -- PW-2/ Child witness was examined nearly one year after the occurrence -- Court has, therefore, to satisfy itself that all possibilities of tutoring or otherwise are ruled out and what was deposed was nothing but the truth -- According to PW-2, the appellant stuffed cloth in the mouth of the deceased, thereafter others tied her up and set her on fire leading to 95% burns -- He states that after the deceased had suffered burn injuries he had seen the entire scenario including the room where the burnt articles were kept including that he was a witness to his sister being put in a vehicle while being taken to the hospital -- He then states that the deceased in that condition was speaking -- At no stage has the witness deposed that the cloth was taken out from her mouth -- It stands to reason that if cloth was stuffed in the mouth of deceased she would have been unable to speak -- PW-8/ Doctor deposed that there was no cloth recovered from the mouth of the deceased -- He states that the mouth of the deceased was closed, the jaws were shut, no cloth was present in the mouth but burnt cloth was present on the whole body starting from the wrist -- More crucially he states that all the 32 teeth were intact – Blisters were present at various parts of the body but he does not talk about any blister being present in the mouth -- No injuries of any nature have been found inside the mouth neither has the cloth been found – Court not satisfied that the evidence of PW-2 attributing a specific role to the appellant is of such a sterling quality so as to inspire confidence in the court to base the conviction on the sole evidence of a child witness -- Appellant was a daughter-in-law like the deceased herself -- Nature of the evidence makes it highly unlikely that she would have engaged in such actions -- Benefit of doubt in the circumstances has to be given to the appellant.

(Para 7, 11-13)

Indian Penal Code, 1860 (45 of 1860), Section 323, 498-A, 304B – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Dowry death case -- Father-in-law and mother-in-law – Earlier anticipatory bail was granted with the observation that, after charge sheet is filed, it is open for the petitioners to surrender and apply for the Regular Bail before the Competent Court – Held, same does not preclude the petitioners to apply for anticipatory bail u/s 438 Cr.P.C. after filing of the charge sheet -- It also cannot be said, that same is a second application for grant of anticipatory bail -- Husband of the deceased was granted Regular Bail after he was arrested – Held, it is a fit case for grant of anticipatory bail.

(Para 2-5)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 -- Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 323, 324, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- There is nothing to suggest that the assailants had uttered any objectionable utterances or had caused injuries solely on account of the fact that the complainant belongs to a particular community – Petition accepted and the interim directions made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

(Para 6, 7)

Indian Penal Code, 1860 (45 of 1860), Section 379, 411 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Theft case – Anticipatory bail -- Present FIR at Hisar -- Interim bail was granted on the contention that petitioner is being indicted for theft of vehicle in respect of that a case FIR No.434 dated 30.08.2019 u/s 379 IPC already stands registered at Gurugram and vehicle was recovered on 05.11.2019 and two accused were arrested and he was indicted on the basis of disclosure statement of one of them -- Petitioner has joined the investigation, not required for custodial interrogation for the time being -- Petition allowed.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Sections 419, 420, 465, 467, 468, 471 and 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheating and forgery -- Anticipatory bail -- Dispute between the daughter-in-law and the in-laws -- Allegations are with regard to a registered Will -- Validity of Will and the dispute with regard to partition of property is before the Civil Court -- As per FIR, the case set up is on the basis of documentary evidence -- Considering that no recovery is to be made from the petitioners, it is not a case where custodial interrogation is required -- Petitioners granted anticipatory bail.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 107, 304-B, 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 227 -- Dowry death – Abetment to suicide -- Discharge u/s 306 IPC – Permissibility of – High Court discharged the parents in law u/s 306 IPC -- Considering the totality of the circumstances and keeping in view the suicide notes as well as the statements of witnesses, respondents no.1 and 2 (parents in law) ought not to have been discharged of the offence u/s 306 IPC, especially when the charges u/s 304B IPC and other related sections had already been framed and confirmed – Order of High Court set aside.

(Para 10)

Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (Act No. 57 of 1994), Sections 23, 25, 4, 5(2) – Indian Medical Council Act, 1956 (102 of 1956), Section 15(2)(B) -- Indian Penal Code, 1860 (45 of 1860), Section 420 (Challan u/s 4(4), 5(2), 23, 25 of PC&PNDT Act, 1994, Section 15(2)(3) of the IMC Act, 1956 and Section 419, 420, 120-B of IPC) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Pre-natal Sex determination case – Anticipatory bail – Interim protection granted on the contention that FIR is silent with regard to the role of the petitioner and he was nominated in the second disclosure statement of co-accused -- Petitioner allegedly brought the sex determination machine -- Co-accused has already been granted regular bail by the Additional Sessions Judge by observing that it is not the case of prosecution that he had used any such techniques in detection of gender of fetus, rather according to prosecution, the determination machine used by him was a simple monitor of computer and simply cheated the decoy patient by using an ordinary monitor – Petitioner has joined the investigation to the entire satisfaction of the Investigating Officer and no more required for further investigation of the case -- Interim order made absolute.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Section 379-B, (Sections 393 and 411 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Snatching case – Jump in bail -- Anticipatory bail -- Petitioner had earlier been granted regular bail by the trial Court, but he had absented once as he had noted the wrong date and consequently his bail was cancelled – Petitioner undertakes that the he shall henceforth appear before the Court on each and every date of hearing and would not absent himself except without prior permission of the Court – Petitioner has surrendered before the trial Court and has been released on interim bail -- Order granting interim bail to petitioner is made absolute.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 308, 323, 325, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 (2) – Attempt to commit culpable homicide – Cancellation of Regular bail --  In respect of the alleged threats by accused, no complaint has been made to the police -- Court does not find any material on record to show that the concession of bail extended to the accused has been misused -- Prayer for cancellation of bail dismissed by Court of Sessions -- Resultantly, no ground is made out for exercise of jurisdiction u/s 439 (2) Cr.P.C. for cancellation of bail.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 307, 324, 506 (Sections 379-B, 201, 34 IPC added and Sections 148, 149 IPC deleted later on) -- Arms Act, 1959 (54 of 1959), Sections 25, 54, 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- Knife blow by petitioner on the stomach of injured who has fully recovered from the injury -- Motorcycle of injured recovered from the co-accused – Petitioner is not involved in any other case – Petitioner is in custody for over a year, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Section 302, 306, 328, 34 – Indian Evidence Act, 1872 (1 of 1872), Section 32 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Challan u/s 328, 306, 34 IPC – FIR as dying declaration -- Framing of charges u/s 302 IPC – Challenge to -- FIR was lodged at the instance of the deceased himself and which in a way assumes the character of a dying declaration which is on a very higher pedestal as far as the evidentiary value is concerned -- Further it is not disputed that the cause of death was poisoning -- In these circumstances it cannot be said that any error has been committed by the trial Court at the stage of framing of charges -- Meticulous examination of the evidence is not required at the time of framing of charges -- Revision petition dismissed.

(Para 2-5)

Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (Act No. 57 of 1994), Sections 4, 5(2), 6(B), 23, 25 – Indian Penal Code, 1860 (45 of 1860), Sections 420, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Pre-natal sex determination case – Regular bail -- Without commenting anything on merits, considering the fact that the petitioners are in custody for the last 04 months and 14 days; the petitioners are not involved in any other case; the custodial interrogation of the petitioners is not required and the conclusion of the trial will take some time due to COVID-19 situation, the petition allowed and the petitioners are directed to be released on bail.

(Para 5)

Indian Penal Code, 1860 (45 of 1860), Sections 324, 323, 148, 149 (Sections 325 and 307 IPC added later) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attempt to murder – Anticipatory bail --  Submitted that petitioner was empty handed and is an old man aged about 60 years and has not caused any injury except that he has provoked the other accused persons – Son of the petitioner has already been arrested – Petition allowed and In the meantime, the petitioner is directed to join investigation within a period of 10 days and he shall be released on interim bail.

(Para 4-8)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 341, 323, 148, 149, 188, 269 (302 and 325 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail – Petitioner was armed with a dang and other was armed with iron rod at the time of incident but no specific injury has been attributed to them -- Fatal blow to victim (deceased) have been given by co-accused – Similarly placed co-accused have since been granted concession of regular bail – Challan filed, charges framed, out of 20 prosecution witnesses cited none of them has been examined -- Conclusion of trial is likely to take considerable time – Petitions allowed.

(Para 10)

Indian Penal Code, 1860 (45 of 1860), Section 377, 506 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4, 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – Rape case -- Statutory bail – Addition of offence – Status of bail -- Statutory bail once granted to an accused u/s 167(2) of the Cr.P.C. cannot be cancelled even if his complicity has transpired subsequently during investigation in any offence of a more serious nature, provided that such serious offence is found to have been committed only in the same case, and not any other/different case – Petitioner originally granted statutory bail for the offence u/s 4 of the POCSO Act, 2012 along with Section 377 of the IPC, although subsequently the Final Report was submitted against him for the offences u/s 377 and 506 of the IPC along with Section 6 of the POCSO Act, 2012 -- Petitioner now permitted to be released on same bail terms, subject to an additional conditions.

(Para 3-6)

Indian Penal Code, 1860 (45 of 1860), Section 396 – Code of Criminal Procedure, 1973 (2 of 1974), Section 28, 433-A -- Dacoity with murder – Life imprisonment -- Remission of sentence – Power of -- Conviction for life imprisonment without remission before 20 years – Power of Trial Court -- In view of the Constitution Bench judgment, the sentence denial remission for a period of 20 years is unsustainable -- High Court failed to consider this aspect of the matter -- Part of the sentence for denial of remission before expiry of 20 years is set aside -- Conviction of the appellant u/s 396 is not interfered with -- Appellant have completed over 13 years of custody, any application for remission filed by him, has to be considered on its own merits in accordance with law.

(Para 6-8)

A. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 -- Indian Evidence Act, 1872 (1 of 1872), Section 45 -- Murder case – Doctor’s evidence -- Entire evidence as a whole is required to be considered with the other evidence on record -- Mere one sentence here or there and that too to the question asked by the defence in the cross-examination cannot be considered standalone -- What is stated by the Doctor/Medical officer can at the most be said to be his opinion, he is not the eye-witness to the incident -- PW1 & PW2 have categorically stated that the other accused inflicted the blows by knives -- Same is supported by the medical evidence and the deposition of PW2 -- Injuries nos. 2 to 8 are sufficient by the sharp cutting weapon -- Injuries nos. 2 to 8 are on different parts of the body which show the intention and conduct on the part of the other accused A2 & A3 -- Therefore, they are rightly convicted for the offence punishable u/s 302 IPC with the aid of Section 34 IPC.

(Para 13)

B. Indian Evidence Act, 1872 (1 of 1872), Section 8 – Motive -- There was a prior long-time enmity between the deceased and the accused-A1 -- Even the deceased was also facing trial for the offence u/s 307 IPC at the instance of A1 -- Defence has failed to prove any circumstances by which it can be said that they are falsely implicated in the case -- Prosecution has been successful in proving the motive.

(Para 14)

C. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 -- Murder – Conviction -- There is a direct evidence against A-1, using the gun and shooting the deceased -- Therefore, he can be convicted for the offence punishable u/s 302 IPC, without the aid of Section 34 IPC.

(Para 15)

Indian Penal Code, 1860 (45 of 1860), Sections 406, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 482 – Quashing of FIR – Challan yet to be filed -- Petition disposed of at this stage directing the Investigating Officer to look into all the defences/pleas taken by the petitioners before filing the report u/s 173 Cr.P.C. -- Petitioners shall file a written application to the Investigating Officer explaining all their defences/pleas and the same will be considered by the Investigating Officer in accordance with law.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Sections 147, 149, 323, 302, 506, 188, 216 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Petitioner is not named in the FIR, no injury is attributed to him, he is in custody for almost 9 months, he is 19 year of age and is not involved in any other case, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 147, 148, 149, 302 (Section 120-B IPC added subsequently) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular  bail -- Petitioner is not specifically named in the FIR and came to be nominated subsequently on the basis of a disclosure statement of the co-accused -- Petitioner, is behind bars since the last more than 11 months and is not even stated to be involved in any other case -- Conclusion of trial is likely to consume time as till date only 1 PW out of cited 26 PWs has been examined -- Further detention of the petitioner will not serve any useful purpose as the conclusion of trial will take some time -- Petitioner is ordered to be released on regular bail.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 406, 467, 468, 471 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Cheating and forgery case – Regular bail -- No allegation in the FIR to the effect that the petitioner had made any representation regarding sale of face masks or thermometers to the complainant, the role of the petitioner would be debatable -- Since the petitioner has been behind bars since the last about 4 months and is not stated to be involved in any other case, the petition accepted and the petitioner is ordered to be released on regular bail.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 324, 323, 326, 506, 148, 149, 201 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder –Third petition for regular bail -- Substantial change in the circumstances -- Subsequent to the withdrawal, similarly situated co-accused has been extended the concession of bail by High Court -- Charges have not yet been framed – Both the petitioner and co-accused (since granted the concession of bail) have been attributed the same injury on the thigh of the injured -- Petitioner has been in custody since 30.06.2020 -- Court deemed it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19.

(Para 2-5)

Electricity Act, 2003 (36 of 2003), Sections 135 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Theft of electricity – Anticipatory bail -- Interim bail granted on submission that allegations in the FIR are with regard to the theft of electricity causing a loss of Rs.1,30,844/- to Dakshin Haryana Bijli Vitaran Nigam Limited -- Civil Court is seized of the matter -- FIR was lodged two years ago -- Petitioner has joined the investigation in pursuance of the interim direction issued by the Court and custodial interrogation is not required – Order granting interim bail to the petitioner is made absolute.

(Para 2-4)

Indian Penal Code, 1860 (45 of 1860), Section 307 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- Petitioner has been attributed an iron rod blow on the head of injured SK as also a blunt injury on the head of RK – Petitioner was arrested on 28.01.2020 --  Trial is at the initial stage and would take time to conclude particularly keeping in view the current Covid pandemic – Offence u/s 307 IPC has been cited on the ground of intent and not on the basis of any medical opinion -- Petitioner is involved in a number of other FIRs but he has otherwise secured benefit of bail in such matters -- Compromise thrashed out between the parties -- Keeping in view the length of incarceration already suffered, petitioner is held entitled to benefit of bail.

(Para 2-10)

Indian Penal Code, 1860 (45 of 1860), Sections 379/356 IPC (Section 379-A/34 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Snatching case – Third petition for regular bail – Petitioner was arrested on 26.01.2020 -- Recovery of the articles has been effected from the petitioner as also co-accused – Investigation in the case is complete and the challan has already been presented -- Charges have till date not been framed -- Trial as such would take time to conclude particularly keeping in view the current Covid pandemic – Petitioner is not involved in any other FIR -- Keeping in view the length of incarceration already suffered, petitioner is held entitled to benefit of bail.

(Para 4-10)

A. Indian Penal Code, 1860 (45 of 1860), Section 304-B – Dowry death – Object of -- It endeavors to address those situations wherein murders or suicide are masqueraded as accidents.

(Para 22)

B. Indian Penal Code, 1860 (45 of 1860), Section 304-B – Indian Evidence Act, 1872 (1 of 1872), Section 113-B – Dowry death – Presumption of -- Doctor found the smell of kerosene oil on the body of the deceased who had suffered 85% burn injuries -- As the death was relatable to burn injuries within seven years of marriage, it clearly satisfies the first two ingredients of the offence – Evidence, when the brother of the deceased visited her in the matrimonial house after one month of marriage on the occasion of Raksha Bandhan, the deceased had disclosed that the accused, husband and mother-in-law, used to physically harass her on the account of bringing insufficient dowry -- Furthermore, the accused persons had made a specific demand of a scooter -- She was brought back to her paternal house where this fact was disclosed to father -- Only a month prior to her death, the deceased had returned to her matrimonial house -- However, the accused still used to harass the deceased for dowry -- Aforesaid fact was revealed by the deceased to her father, when she had come to visit him -- Chain of circumstances proves that there existed a live and proximate link between the instances of demand of dowry and the death of the deceased -- Since the ingredients of Section 304-B, IPC stand satisfied, the presumption u/s 113-B, Evidence Act operates against the appellants, who are deemed to have caused the offence specified u/s 304-B of IPC.

(Para 23-28)

C. Indian Penal Code, 1860 (45 of 1860), Section 306 – Indian Evidence Act, 1872 (1 of 1872), Section 113-A – Suicide by wife – Presumption of -- For the offence u/s 306, IPC the prosecution needs to first establish that a suicide has been committed -- Prosecution must also prove that the person who is said to have abetted the commission of suicide, has played an active role in the same -- With respect to this latter requirement, Section 113-A, Evidence Act creates a presumption against the husband and/or his relative with respect to the abetment of suicide of a married woman, under certain conditions -- Not going into the other conditions, a perusal of the provision indicates that such presumption shall be attracted only if the factum of suicide has been established by the prosecution first.

(Para 33)

D. Indian Penal Code, 1860 (45 of 1860), Section 304-B – Indian Evidence Act, 1872 (1 of 1872), Section 113-B – Dowry death – Presumption of -- Rebuttal of -- Section 304-B, IPC read with Section 113-B, Evidence Act can be summarized below:

i. Section 304-B, IPC must be interpreted keeping in mind the legislative intent to curb the social evil of bride burning and dowry demand.

ii. The prosecution must at first establish the existence of the necessary ingredients for constituting an offence under Section 304-B, IPC. Once these ingredients are satisfied, the rebuttable presumption of causality, provided under Section 113-B, Evidence Act operates against the accused.

iii. The phrase “soon before” as appearing in Section 304-B, IPC cannot be construed to mean ‘immediately before’. The prosecution must establish existence of “proximate and live link” between the dowry death and cruelty or harassment for dowry demand by the husband or his relatives.

iv. Section 304-B, IPC does not take a pigeonhole approach in categorizing death as homicidal or suicidal or accidental. The reason for such non categorization is due to the fact that death occurring “otherwise than under normal circumstances” can, in cases, be homicidal or suicidal or accidental.

v. Due to the precarious nature of Section 304-B, IPC read with 113-B, Evidence Act, Judges, prosecution and defence should be careful during conduction of trial.

vi. It is a matter of grave concern that, often, Trial Courts record the statement under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense. It ought to be noted that the examination of an accused under Section 313, CrPC cannot be treated as a mere procedural formality, as it based on the fundamental principle of fairness. This aforesaid provision incorporates the valuable principle of natural justice “audi alteram partem” as it enables the accused to offer an explanation for the incriminatory material appearing against him. Therefore, it imposes an obligation on the court to question the accused fairly, with care and caution.

vii. The Court must put incriminating circumstances before the accused and seek his response. A duty is also cast on the counsel of the accused to prepare his defense since the inception of the Trial with due caution, keeping in consideration the peculiarities of Section 304-B, IPC read with Section 113-B, Evidence Act.

viii. Section 232, CrPC provides that, “If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal”. Such discretion must be utilized by the Trial Courts as an obligation of best efforts.

ix. Once the Trial Court decides that the accused is not eligible to be acquitted as per the provisions of Section 232, CrPC, it must move on and fix hearings specifically for ‘defence evidence’, calling upon the accused to present his defense as per the procedure provided under Section 233, CrPC, which is also an invaluable right provided to the accused.

x. In the same breath, Trial Courts need to balance other important considerations such as the right to a speedy trial. In this regard, we may caution that the above provisions should not be allowed to be misused as delay tactics.

xi. Apart from the above, the presiding Judge should follow the guidelines laid down by this Court while sentencing and imposing appropriate punishment.

xii. Undoubtedly, as discussed above, the menace of dowry death is increasing day by day. However, it is also observed that sometimes family members of the husband are roped in, even though they have no active role in commission of the offence and are residing at distant places. In these cases, the Court need to be cautious in its approach.

(Para 36)

A. Indian Penal Code, 1860 (45 of 1860), Section 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 154 -- Delay of six years in lodging the FIR – Explanation of delay – First informant deposed that he came to know that the petitioner-accused is a fraudulent person within 2/3 months of making payment -- Thus, once the first informant had come to know that the petitioner would not take steps to send his son to Italy or return the amount allegedly received, there was no occasion to wait for a period of six years before registration of the FIR -- Neither the first informant in his deposition has stated that there were several meetings for return of the amount nor detail thereof has been provided -- Hence, the prosecution has failed to explain the delay – Conviction order set aside.

(Para 17, 24)

B. Indian Evidence Act, 1872 (1 of 1872), Section 19, 21 -- Admission – Reliance upon -- It is well settled that before the alleged admission of the accused is made the basis to convict the accused, it is incumbent for the court to examine as to whether such admission is clear and categoric -- If the answer to the aforesaid question is in negative, it would not result in conviction of accused.

(Para 18)

C. Indian Penal Code, 1860 (45 of 1860), Section 420 -- Indian Evidence Act, 1872 (1 of 1872), Section 8, 19, 21 -- Admission – Mens-rea -- Petitioner while cross examining the first informant had given him suggestion that the agreement was executed at the Police Station -- Such suggestion, in the facts of the case, cannot be read as admission of the offence -- As per the case of the prosecution, in the year 2009, the amount of ? 1,00,000/- was paid to the petitioner, whereas the agreement provides for return of ? 50,000/- only -- It is against normal prudence -- Still further, if it is accepted that such suggestion does amount to admission, still the agreement does not prove that the petitioner has deceitfully induced the first informant to part with ? 1,00,000/- or the petitioner had “mens rea” at that time -- Conviction order set aside.

(Para 18, 24)

C. Indian Penal Code, 1860 (45 of 1860), Section 420 -- Indian Evidence Act, 1872 (1 of 1872), Section 3 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Proved -- Standard of proof -- In civil case the plaintiff is required to prove its case by a preponderance of evidence whereas in a criminal case, the prosecution is required to prove its case beyond shadow of reasonable doubt -- No doubt, ordinarily, the presiding judges are simultaneously required to decide civil as well as criminal cases and hence, the distinction gets overlooked -- However, it is expected from them that before convicting any accused, the presiding judges should keep in mind the important distinction -- Prosecution miserably failed to satisfy the aforesaid test -- Revision allowed, the judgments passed by both the Courts below, are set aside.

(Para 24)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 148, 149 (Sections 302, 212, 216 IPC added lateron) -- Arms Act, 1959 (54 of 1959),  Sections 25, 54, 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Petitioner was unarmed, he is not attributed any specific injury, he is in custody for over 3 ½ years, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deem it a fit case to grant the concession of regular bail to the petitioner -- Petition allowed, petitioner ordered to be released on regular bail.

(Para 6, 7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Anticipatory bail – Disclosure statement – Petitioner was named as supplier of contraband -- Except the disclosure statement of the arrested co-accused and the fact that co-accused belongs to the same village, there is nothing on record to even remotely suggest that the petitioner had any connection with the recovered material or any prior transactions with the said arrested co-accused -- No other case against the petitioner under the NDPS Act -- Petition allowed, petitioner is granted concession of anticipatory bail.

(Para 5, 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 20, 61, 85 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS matter -- Regular bail -- Recovery of 1.5 kg of ‘Ganja’ – It is one of the mildest form of the contraband and falls under non-commercial quantity -- Petitioner behind bars since the last more than 4 months, further detention of the petitioner will not serve any useful purpose – Petition accepted and the petitioner is ordered to be released on bail.

(Para 1, 5)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(f), 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Victim resiled -- Petitioner has been behind bars for a substantial period of more than 1 year -- Further detention of the petitioner will not serve any useful purpose -- Petition accepted and the petitioner is ordered to be released on regular bail.

(Para 1, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 365, 379-B, 201, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Snatching case – Regular bail -- Allegations are that the car, mobile phone and Rs.200/- cash were snatched from the complainant -- Petitioner is in custody for over 01 year and 04 months, Covid 19 pandemic and the conclusion of the trial is likely to take some time, Court deem it a fit case to grant the concession of regular bail to the petitioner.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Section 302, 34 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(2)(v) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Blind murder -- Regular bail -- Petitioner behind bars for a substantial period of about 2 ½ years and the trial is likely to consume time as only 7 PWs out of cited 17 PWs have been examined -- Petitioner is not involved in any other case, further detention of the petitioner will not serve any useful purpose – Petition accepted and the petitioner is ordered to be released on regular bail.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 324, 506, 427, 379-B, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- Matter has been compromised, the petitioner is in custody for over 5 months, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deem it a fit case to grant the concession of regular bail to the petitioner.

(Para 7)

A. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- Indian Penal Code, 1860 (45 of 1860), Sections 302, 397, 201 – Murder case -- Bail to juvenile – Ld. Addl. Sessions Judge not at all considered entitlement of the Petitioner for bail in terms of Section 12 of the JJ Act, which could not have been overlooked even in the situation that he was sent up to face trial by the JJB in the Children’s Court – Grounds for denying bail to him could be within the proviso to Section 12(1) of the JJ Act.

(Para 9)

B. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- Indian Penal Code, 1860 (45 of 1860), Sections 302, 397, 201 – Murder case -- Bail to juvenile – Petitioner  allegedly became a member of a gang along with co-accused crossed the age of majority at the relevant time who are already in custody – So there is little chance of the Petitioner being exposed to their association if released on bail – Petitioner remained in detention for almost an year – Petitioner released on bail.

(Para 9, 10)

A. Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Section 43(5)(D) – Bail to accused -- Prima facie case – While considering the grant of bail under Section 43 (5) D, it is the bounden duty of the Court to apply its mind to examine the entire material on record for the purpose of satisfying itself, whether a prima facie case is made out against the accused or not.

(Para 11)

B. Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Section 17, 18, 21, 43(5)(D) – Indian Penal Code, 1860 (45 of 1860), Sections 120B, 414, 384, 386, 387 -- Arms Act, 1959 (54 of 1959), Sections 25 (1B) (a), 26, 35 -- Bail to accused – Terror funding -- No prima facie case – Main accusation against the Appellant is that he paid levy / extortion amount to the terrorist organization – Payment of extortion money does not amount to terror funding – Appellant paid money to the members of the TPC for smooth running of his business – Appellant revealed in his statement u/s 164 Cr.PC that he was summoned to meet A-14 and the other members of the organization in connection with the payments made by him – Amount of Rs. 9,95,000/- seized from the house of the Appellant which was accounted for by the Appellant who stated that the amount was withdrawn from the bank to pay salaries to his employees and other expenses – There is no allegation that Appellant was receiving any money – On the other hand, the Appellant is accused of providing money to the members of TPC – No prima facie case made out – Appellant is directed to be released on bail.

(Para 11-13)

Indian Penal Code, 1860 (45 of 1860), 304-B, 406, 498-A, 302 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 211, 216, 401 -- Dowry death case – Charge of Murder – Requirement of -- Charges framed u/s 304-B, 406, 498-A IPC – Prayer to add 302 IPC -- Perusal of contents of the FIR itself reveals that the complainant had raised only a suspicion qua the deceased having been poisoned to death – If during trial any new evidence comes on record, the trial Court concerned is fully competent u/s 216 Cr.P.C., to add and/or alter any such charge as it may deem fit -- Acid test would be based on the material, which may come to light during the course of the trial -- Petition dismissed.

(Para 5-11)

A. Indian Penal Code, 1860 (45 of 1860), Sections 302, 364A, 376, 216, 120B – Indian Evidence Act, 1872 (1 of 1872), Section 11, 106 -- Murder -- Rape -- Kidnapping -- Out of three eye-witnesses, two witnesses, turned hostile and did not support the case of the prosecution -- Both these witnesses are close relations of the victim and there is nothing on record to indicate that they were either put under any pressure or that there was any element of suspicion -- Both these witnesses were categorical that the persons who kidnapped the victim were not before the Court in the capacity as the accused – Third witness-informant, the father of the victim, reporting made by this witness, based on which the crime was registered neither shows that he was an eye-witness to the occurrence nor does it disclose that the identity of the accused who had kidnapped the victim was in any way known at the stage when the occurrence took place -- Thus, all three witnesses who were claimed to be the eye-witnesses to the occurrence and on whose testimonies, reliance was placed by the prosecution, are of no help.

(Para 20, 21)

B. Indian Penal Code, 1860 (45 of 1860), Sections 302, 364A, 376, 216, 120B – Indian Evidence Act, 1872 (1 of 1872), Section 11, 106 -- Murder -- Rape -- Kidnapping -- Circumstantial evidence – Though the post-mortem report discloses that the victim was sexually assaulted, the FSL Report on record does not establish any connection of the accused with the sexual assault on the deceased victim -- Dead body of the victim was found lying in an open field -- Record is again not clear as to when the present appellants were arrested and how and in what manner their disclosure statements led to the recovery of the dead body – There are of course circumstances like recovery of clothing apparel as well as tiffin box etc. belonging to the victim -- However, such recoveries by themselves, in the absence of any other material evidence on record pointing towards the guilt of the accused, cannot be termed sufficient to hold that the case was proved beyond reasonable doubt -- Not only those circumstances are not conclusive in nature but they also do not form a cogent and consistent chain so as to exclude every other hypothesis except the guilt of the appellants -- Held, prosecution has not been proved beyond reasonable doubt, and the appellants are entitled to the benefit of doubt -- Conviction and sentence set aside.

(Para 24-27)