151. Compensation in motor vehicle accident case – Acquittal in criminal case – Effect of -- Investigations were duly carried out which revealed not only the involvement of the vehicle, but also that it was the offending vehicle which was being driven in a rash and negligent manner which resulted in the accident -- Acquittal of the Driver in a Criminal Case cannot be a ground for dismissal of the Claim before the Accident Tribunal – Held, accident was caused due to rash and negligent driving of the Offending Vehicle by the Respondent. (Delhi HC) Decided on: 26.11.2024

152. Appointment of Lambardar – Fresh proclamation – Challenge to -- Petitioner is about 80 years of age, proceedings for filling up the vacant post of Lambardar of Village were initiated more than 10 years ago and the same have not been finalized till date -- Only two applicants at that time -- Authorities have concurrently held that no prejudice would be caused to the petitioner, if a fresh munadi is ordered to be conducted as the same shall widen the choice of better selection for the post of Lambardar – Neither the copy of the proclamation notice placed on record nor the name of the place where the said notice was pasted forthcoming -- It cannot be concluded that the proclamation was validly conducted – Writ dismissed. (P&H HC) Decided on: 25.11.2024

153. Condonation of delay – Fault of Advocate – Ground of – Delay of 536 days in filing appeal -- Entire blame thrown on the head of the advocate -- Even if the concerned lawyer was careless or negligent, this, by itself, cannot be a ground to condone long and inordinate delay as the litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings pending in the court initiated at his instance -- Litigant, should not be permitted to throw the entire blame on the head of the advocate and thereby disown him at any time and seek relief. (SC) Decided on: 21.11.2024

154. Hindu Women’s right to maintenance -- Hindu Women’s right to maintenance is not by virtue of statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived; and that the very right to receive maintenance is sufficient title to enable the ripening of possession into full ownership if she is in possession of the property in lieu of maintenance. (SC) Decided on: 21.11.2024

155. Auction sale – Sale certificate -- Stamp duty – Requirement of -- Sale certificate issued to the purchaser in pursuance of the confirmation of an auction sale is merely evidence of such title and does not require registration u/s 17(1) of the Registration Act -- Mere filing u/s 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority – However, Articles 18 and 23 respectively of the first schedule to the Stamp Act respectively makes it clear that when the auction purchaser presents the original sale certificate for registration, it would attract stamp duty in accordance with the said Articles -- As long as the sale certificate remains as it is, it is not compulsorily registrable -- It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise. (SC) Decided on: 19.11.2024

156. Death by electrocution in Rolling Mill – Non-compoundable offence -- Compromise quashing of FIR -- When the deceased’s family absolves the accused of any negligence or rash act, it would be impossible for the prosecution to succeed during the trial -- Thus, quashing of cases u/s 304-A IPC, other than roadside accidents, can be quashed depending upon the facts and circumstances of each case, the role assigned to the accused, mens rea, and the guilt of the such person -- After the death, the petitioners helped the complainant family financially and emotionally -- Accident occurred in broad daylight, and as an adult, the victim should have been more careful while performing his duties -- It is not a case where the acts of the Rolling mill or the Manager can be termed as rash or negligent -- Inherent jurisdiction u/s 528 BNSS, 2023 invoked, the FIR and all subsequent proceedings quashed. (P&H HC) Reserved on: 05.11.2024 Decided on: 18.11.2024

157. Rebuttal evidence – Onus of proof – Effect of -- Onus of issue no. 1 was cast upon the plaintiff-petitioners and hence it was incumbent upon the plaintiff-petitioners to have led their evidence in the affirmative -- A party cannot be permitted to lead evidence in rebuttal the onus of which was cast upon the said party. (P&H HC) Decided on: 18.11.2024

158. Murder – Conspiracy -- Regular bail -- Appellant nominated as an accused only for being part of the conspiracy to the crime in question and he was not present when the alleged murder took place -- Bail allowed. (P&H HC) Decided on: 14.11.2024

159. Retail and Wholesale Drug License -- Delay in submission of application beyond time granted by High court – Rejection on that ground – Justification of -- Ends of justice would be well served in case the applications that were filed by the petitioner beyond the time prescribed by High Court, are treated as being in compliance of order passed by High Court and adjudication thereof is done by the concerned Authority on merits of the same, after granting an opportunity of hearing to the respective parties – Petition allowed. (P&H HC) Decided on: 14.11.2024

160. Recovery of counterfeit currency – Regular bail -- Petitioner in custody since 04.04.2024 -- Entire case of the prosecution is based on documentary evidence, which is already part of the challan -- Trial is unlikely to conclude in the near future – Bail allowed. (P&H HC) Decided on: 14.11.2024

161. NDPS – Regular bail -- Recovery of 1600 grams of heroin from co-accused -- Petitioner in custody since 18.09.2023; challan was presented on 12.03.2024 followed by framing of charges on 07.06.2024 -- Till date none of the 31 prosecution witnesses examined – No recovery of any contraband or even mobile handsets was affected from the petitioner; the petitioner is being sought to be linked to the co-accused only on the basis of some mobile calls made between him and them – Bail allowed. (P&H HC) Decided on: 14.11.2024

162. Cheque bounce complaint – Proclaimed person -- Petitioner is keen to join the proceedings -- Petition disposed of and the impugned order set aside subject to payment of Rs.10,000/- as costs to be paid to the complainant – On surrender of the petitioner with cost of Rs.10,000/- within 10 days, the Court concerned directed to admit him to bail subject to its satisfaction and decide the application for revival of the complaint in accordance with law. (P&H HC) Decided on: 14.11.2024

163. Compensation in railway accident case – Untoward incident -- Strict liability – Negligence of victim – Ground of -- Liability of the Railway Administration is based on the ‘principle of strict liability’ -- Plea of ‘no fault of railways’ or ‘negligence of the victim’ is not available to the Railway Administration. (P&H HC) Reserved on: 25.10.2024 Decided on: 14.11.2024

164. Compassionate appointment – Right of -- Said right is not a condition of service of an employee who dies in harness -- Three years from the date of death of the employee for putting forth a claim by a dependant, which, includes attainment of majority cannot be said to be in any case unjustified or illogical, especially when compassionate appointment is not a vested right -- Appellant attained majority 11 years after the unfortunate death of his father -- Claim rightly rejected by the respondent State. (SC) Decided on: 13.11.2024

165. House trespass after preparation for hurt, assault or wrongful restraint/ 333-BNS – Rioting armed with deadly weapon/ 191(3)-BNS – Compromise quashing of FIR -- Compromise arrived at between the parties verified and confirmed -- FIR and all consequential proceedings quashed. (P&H HC) Decided on: 13.11.2024

166. House-trespass or House breaking/ 331(4)-BNSS -- Compromise quashing of FIR -- Compromise arrived at between the parties verified and confirmed -- FIR and all consequential proceedings, quashed. (P&H HC) Decided on: 13.11.2024

167. NDPS Case – Superdari of motorcycle -- Motor cycle owned by petitioner seized by the police in criminal case under NDPS Act -- Trial will take time to conclude -- Even if the said motor cycle is a case property, it cannot be kept in the malkhana for indefinite period -- Application filed by the petitioner seeking release of his motor cycle on supurdari allowed. (P&H HC) Decided on: 13.11.2024

168. Suit for specific performance of agreement -- Evidence of attorney -- One of the purchasers and plaintiff in his suit for specific performance throughout present in the transaction held the Power of Attorney from the other plaintiffs – He was examined as PW-1 in each of the suits whether in his capacity as plaintiff or as Power of Attorney from other plaintiffs -- It was not necessary for each of the plaintiffs in separate suits to appear and prove the transaction -- Trial Court had examined this aspect and had found favour with the plaintiffs – Adverse inference drawn by the High Court for the reason that the plaintiffs did not enter the witness box to prove the Agreement to Sell, was completely misplaced. (SC) Decided on: 12.11.2024

169. Fair trial -- Right of accused – Preservation of call details – Right to privacy of police officials -- Legislative intent behind enactment of Section 91 Cr.P.C. is to ensure that no cogent material or evidence involved in the issue remains undiscovered in unearthing the true facts during investigation, enquiry, trial or other proceedings -- While passing the appropriate direction for preserving and production of call details/ tower location details u/s 91 Cr.P.C. would violate the right to privacy of the police officials but the right of the accused under Article 21 of the Constitution of India in ensuring free and fair investigation/ trial would prevail over the right to privacy of the police officials. (P&H HC) Decided on: 12.11.2024

170. Attempt to commit suicide – Use of arms without license -- Petitioner No.1 was handling the licensed revolver of respondent no. 2 and while doing so, an accidental shot was fired -- Petitioner No.1 was having no mens rea to kill himself by committing suicide -- Illegal use of a licenced weapon per se does not constitute an offence u/s 27 of Arms Act – Alleged weapon used was having licence in the name of petitioner No.2 and thus no case is made out u/s 25 of the Arms Act -- Prima facie no offence u/s 30 of Arms Act is made out against the accused, as there was no breach of condition of the arms licence -- FIR and subsequent proceedings quashed. (P&H HC) Reserved on: 28.10.2024 Decided on: 12.11.2024

171. Inclusion in transitional area of Nagar Panchayat – Opportunity of hearing to effected partes -- Notification u/s 3 visits the persons living in the area notified with several civil consequences that may include taxation on properties, deprivation of benefits from government programs and schemes for village areas, etc. – Opportunity of making objections and /or suggestions after publication of draft notification and due consideration of the same by the Governor, are vital and mandatory requirements of the statute -- Each person resident of such area which is subject to such notification, is a stakeholder and is conferred a right by the Act, 1916 to make suggestions and objections -- Such suggestions and objections, when duly filed, have to be accorded due consideration by the Governor, and the State Government cannot brush aside an objection by means of a general denial on the ground that it was not received within the time provided in the draft notification where it has been demonstrated by the petitioner that the objection was duly dispatched and the delivery report of the postal department reflects its delivery to the addressee -- Objections of the petitioners were never considered – Impugned notification / order quashed. (Allahabad HC) Decided on: 11.11.2024

172. Lis pendens – Review -- Pendency means -- Review proceedings were “instituted” within the period of limitation of thirty days – Doctrine of lis pendens kicks in at the stage of “institution” and not at the stage when notice is issued by this Court -- Argument of the respondents that the doctrine of lis pendens does not apply because the petition for review was lying in the registry in a defective state cannot be accepted. (SC) Decided on: 08.11.2024

173. Constitution of India, Article 30(1) – Minority educational Institution – Legislative/ Administrative Power to change -- Article 30(1) can be classified as both an anti-discrimination provision and a special rights provision -- A legislation or an executive action which discriminates against religious or linguistic minorities in establishing or administering educational institutions is ultra vires Article 30(1). (SC) Decided on: 08.11.2024

174. Appointment of Arbitrator – Assignment of agreement – Effect of -- Existence of arbitration agreement in the license agreement and share subscription agreement is not in dispute – Court has to confine itself to the examination of the existence of an arbitration agreement, it would not be appropriate for Court to delve deep into the issue -- Matter referred to the Delhi International Arbitration Centre for appointment of a sole arbitrator to adjudicate upon the dispute between the parties. (SC) Decided on: 08.11.2024

175. Adverse possession against co-sharer -- Possession of the plaintiffs was in a representative capacity being co-sharer -- Merely because a particular co-sharer is not in possession and is residing out of the village is not sufficient to prove ouster -- Concurrent findings of fact with regard to plaintiffs' failure to prove their ownership by way of adverse possession not interfered – Appeal dismissed. (P&H HC) Decided on: 08.11.2024

176. Advalorem court fee -- Suit claiming a decree for declaration to the effect that the gift deed be declared as null, void, forged and fabricated having no effect on the rights of the plaintiff and consequential information in this regard be sent to the Sub-Registrar's office -- It is not a simplicitor suit for declaration of rights and it clearly falls under section 7(iv-A) of the Court Fees Act. (Allahabad HC) Decided on: 07.11.2024

177. Ancestral property -- Once a property is acquired by way of succession, the same loses its ancestral character. (P&H HC) Decided on: 07.11.2024

178. Factory – ESI contribution -- Amendment of 1989 – Effect of -- Dispute relates to demand raised by appellant Corporation for ESI contribution for the time period w.e.f. April, 1983 to April, 1984 -- Prior to Amending Act of 1989, the mandate of the statute was that the factory means any premises including the precincts employing 20 or more persons -- Number of persons employed being less than 20, the premises of the respondent would not fall within the ambit of ‘factory’ as adumbrated u/s 2(12) prior to Amending Act of 1989 – ESI Court rightly held that respondent was not covered under the ESI Act prior to 1989-the period for which demand was raised – Appeal dismissed. (P&H HC) Reserved on: 17.09.2024 Decided on: 06.11.2024

179. House trespass after preparation for hurt, assault or wrongful restraint – Incident at restaurant – Acquittal -- Incident had taken place in a restaurant run by the injured PW-1, which cannot be said to be either a place used for human dwelling or for worship or for the custody of the property -- Appellant could not have been convicted for the offence under Section 452 IPC – Conviction set aside -- Appellant acquitted for the offence u/s 452 IPC. (SC) Decided on: 06.11.2024

180. Culpable homicide not amounting to murder – Benefit of doubt -- Previous enmity between the parties -- A month prior to the date of the incident, an FIR was lodged by the wife of the appellant No.1 against the deceased since he had tried to dispossess the appellants -- Place of the incident is adjacent to the field in possession of the appellants -- Weapons used by the accused persons are axe and sticks commonly used by the agriculturists -- No material to show that there is any premeditation – Possibility of offence being committed by the appellants without premeditation in a sudden fight in a heat of passion upon a sudden quarrel cannot be ruled out -- It cannot be said that the appellants have taken undue advantage or acted in a cruel or unusual manner -- Appellants would be entitled to benefit of doubt, conviction u/s 302 IPC needs to be altered Part I of Section 304 IPC. (SC) Decided on: 06.11.2024

181. Cheating – Non-conclusion of trial within 60 days -- Bail – Right of -- Charges framed on 31.05.2024, case is triable by the Magistrate -- First date for recording evidence was 14.06.2024 and 60 days completed on 13.08.2024 -- Accused-petitioner is in custody for more than two years -- Only one prosecution witness out of total 33 prosecution witnesses examined -- Accused cannot be continued in custody for an indefinite period and that too for no fault on his bail in conclusion of the trial as per the mandate of Section 480(6) of BNSS – Bail allowed. (Rajasthan HC) Decided on: 04.11.2024

182. Cheque bounce complaint – Dismiss in default -- Complaint was filed on 18.12.2020 and thereafter, the appellant/ complainant was regularly appearing before the Trial Court, however, on 23.08.2024 the appellant could not appear as wrong date was noted by the counsel, complaint was ordered to be dismissed for non-prosecution -- Held, Magistrate has discretion to dismiss the complaint, however, if the Magistrate finds that there was some valid reason for non-appearance of the complainant or the presence of the complainant was not required during the Court proceeding, he can very well exercise his discretion to adjourn the complaint -- While exercising the jurisdiction u/s 256 Cr.P.C., the Court has to take into consideration that the powers vested in it have to be exercised judiciously and in the interest of justice -- Impugned order set aside and the complaint is ordered to be restored to its original number. (P&H HC) Decided on: 29.10.2024

183. Proceedings under DV Act – Inherent Powers of High Court : Questions referred to Larger Bench for adjudication: (i) Once Section 28(1) prescribes that all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under Section 31 shall be governed by the provisions of Code of Criminal Procedure, 1973, can it be held that application of Section 482 Cr.P.C. is ousted? (ii) In case Section 482 Cr.P.C. is not applicable, can an aggrieved person invoke power of superintendence of this Court under Article 227 of the Constitution of India? (iii) In case the aggrieved person is entitled to invoke power of superintendence of this Court under Article 227 of the Constitution of India, can it be said that the same is limited only qua the issue of jurisdiction as held by Madras High Court? Questions referred by the Ld. Single Bech answered as under: i) Section 482 Cr.P.C./528 B.N.S.S. is applicable qua proceedings arising out of complaint under Section 12 of the Act of 2005. The only exception is the cases where provisions of the Act of 2005 have been invoked in proceedings pending before Civil Court or Family Court. ii) In view of answer to question No.(i), there is no need to answer question No.(ii). iii) The power of High Court under Article 227 of the Constitution of India are subject to self-restraint. The same can neither be curtailed by statute nor by judicial order. In terms of dictum of law laid down by Supreme Court in the case of L. Chandra Kumar's case (1997) 3 SCC 261 and Surya Dev Rai's case (2003) 6 SCC 675, Article 227 is part of basic structure of the Constitution of India and is even beyond Constitutional amendment. (P&H HC) Reserved on: 18.10.2024 Pronounced on: 25.10.2024

184. Compensation in railway accident case – Fixed deposit for major claimant – Permissibility of -- 90% of the compensation amount awarded by the Tribunal ordered to be kept in fixed deposits even though appellant No.1 is major -- Amount awarded to the claimants apart from that awarded to the minors ordered to be released -- Amount of award in favour of the minors/ appellants shall remain invested in the Fixed Deposits till they attain age of majority. (P&H HC) Decided on: 25.10.2024

185. Additional evidence -- Not a single averment in the application as to the relevancy of the documents -- In the absence of any explanation, the application has rightly been rejected. (P&H HC) Decided on: 25.10.2024

186. Compensation in motor vehicle accident case – Enquiry u/s 134 of MV Act – Ground of -- Grounds of section 134 (c) of the Act of 1988 is not provided u/s 149 (2), ground not available to the appellant/ Insurance Company – Even otherwise, once an enquiry has been held by the tribunal after affording sufficient opportunity to the appellant/ insurance company, the plea of the appellant that since provisions of Section 134 (c) of the Act of 1988 have not been complied, therefore, the insurance company is not liable to make the payment of compensation is misconceived and not tenable because it has no concern with the claim of the dependents and family members of the deceased. (Allahabad HC) Decided on: 25.10.2024

187. Suspension of fine -- While convicting an accused, if a direction is issued against him to pay a fine, such a direction can be suspended in the exercise of power under sub-section (1) of Section 389 of the CrPC. (SC) Decided on: 24.10.2024

188. Chequer bounce complaint – Absence of accused -- Forfeiture of bail bond – Presence of accused – Requirement of – Presence of an accused, where proceedings are semi-criminal/ civil in nature, should ordinarily not be insisted upon, if an application is moved for a particular hearing, unless the trial court needs to either examine the under-trial or his statement is to be otherwise recorded for proceeding further in the matter -- Impugned order directing the forfeiture of the bail-bonds of the petitioner accused and initiating proceedings against his surety u/s 446 Cr.P.C. set aside. (Rajasthan HC) Decided on: 24.10.2024

189. Abetment to suicide – Anticipatory bail -- Deceased-employee was disturbed since about 2 weeks, his seniors/ petitioner at Bank were harassing during duty – Prosecution failed to provide specific allegations or instances demonstrating the petitioner’s role in prompting or instigating the deceased to commit suicide -- Primafacie basic ingredients of Section 108 and 3(5) of BNS, 2023 not met out -- It would be a futile exercise to send the petitioner behind the bars for custodial interrogation – Anticipatory bail allowed. (P&H HC) Decided on: 23.10.2024

190. Conviction in cheque bounce complaint -- Appeal -- Suspension of sentence – Pre-deposit of 20% of compensation -- Looking at the financial condition of the petitioner, directing her to deposit 20% of the amount as per impugned order shall result in jeopardizing her appeal being dismissed on account of non-compliance of the condition of deposit -- Condition of pre-deposit of 20% of interim compensation set aside, Ld. Sessions Judge ordered to proceed with hearing of the appeal without insisting for pre-deposit and dispose of the same in accordance with law. (Rajasthan HC) Decided on: 23.10.2024

191. Compensation in motor vehicle accident case – Injury in right hip joint -- 30% disability -- B.Ed Student – Disability certificate taken on record as additional evidence -- Accident of 2009, minimum daily wages of unskilled labour was Rs.150/- -- Appellant being a student could not be compared equal to unskilled labour, her monthly income taken as 5,000/- per month – Admission in hospital for 43 days, loss of income during hospitalisation assessed @ Rs.167 per day comes to Rs.7181 – Age 26 at the time of accident, multiplier of 17 applied for 30% disability, loss of future income assessed to Rs. 3,06,000/- (Rs.5,000 x 30/100 x 12 x 17) -- Compensation under the heads of special diets, attendant and transportation assessed as Rs.50,000/- -- For pain and suffering Rs.1,00,000/- awarded -- Total compensation assessed as Rs.4,38,081 with interest @ 9% p.a. from the date of claim petition till realisation, excluding the period of delay in filing appeal. (P&H HC) Reserved on: 23.07.2024 Pronounced on: 22.10.2024

192. Criminal breach of trust by Bank – Quashing of FIR – No allegation of entrustment of the property which the appellant-bank has misappropriated or converted for its own use to the detriment of the respondent No.5, as such, the provisions of Section 406 and 409 IPC would not be applicable -- Since there was no entrustment of any property, the ingredients of Section 462 IPC are also not applicable -- Offences u/s 206, 217 and 201 of the IPC requires mens rea, the ingredients of the said Sections also would not be available against the appellant-bank -- FIR/complaint also does not show that the appellant-bank and its officers acted with any common intention or intentionally cooperated in the commission of any alleged offences, as such, the provisions of section 34, 37 and 120B of the IPC would also not be applicable -- Continuation of the criminal proceedings against the appellant-bank would cause undue hardship to the appellant-bank – FIR quashed. (SC) Decided on: 22.10.2024

193. Departmental proceedings – Withdrawal of promotion – Permissibility of -- Charge-memo issued to the petitioner on 01.04.2023, whereas, the DPC had already recommended petitioner’s name for promotion to the post of Sub-Inspector on 21.03.2023 -- Formal order promoting the petitioner on accrual of vacancies was passed on 02.08.2023 – Order dated 24.08.2023, withdrawing petitioner’s promotion to the post of Sub-Inspector is not in consonance with law. (HP HC) Decided on: 21.10.2024

194. NDPS – Recovery of Charas from rucksack/ pitthu-bag -- Right to be searched before Magistrate or Gazetted officer -- It was a case of chance recovery and the contraband was recovered from the rucksack, which the accused was carrying with him on his right shoulder and not from his personal search -- Personal search of the accused was conducted after recovery of the contraband -- Section 50 of NDPS Act is not applicable. (HP HC) Reserved on: 15.10.2024 Decided on: 18.10.2024

195. Auction sale by bank – Sale certificate -- Non-deposit of auction amount within 15 days – Extension of time -- Respondents/ auction purchaser sought extension of time for the reason that the appellant-Bank itself was not in a position to accept the amount as there was a complaint to the CBI, an advisory of the ED and a stay from the High Court -- Silence on part of the appellant-Bank in either immediately revoking the sale confirmation or refusing to extend the time, impliedly amounted to extension of time in writing with consent. -- Respondents were always ready and willing to deposit the balance auction amount of Rs.1,06,50,000/- and had rather submitted a bank draft dated 15.10.2022 of the said amount and had requested for the issuance of the sale certificate and possession of the auction property – It establishes the bona fide of the respondents and it was only the appellant-Bank who had avoided the issuance of the sale certificate. -- Non-issuance of the sale certificate is solely attributable to the appellant-Bank and that there were no latches, negligence or default on part of the respondents in offering to deposit the balance auction amount. Non-deposit of the said amount within the stipulated period would not be fatal within the meaning of sub-Rules (4) and (5) of Rule 9 of the Rules. (SC) Decided on: 16.10.2024

196. Partition of land – Mutation entry thereof – Appeal by stranger – Maintainability of -- Mutation was entered and attested to give effect to the family partition carried out by the petitioners, i.e. co-owners of the joint land – Complete stranger to the joint land co-owned by the petitioners cannot have any grievance against the partition carried out between the co-owners (the petitioners) with respect to the joint land – Revenue Authorities had no jurisdiction to entertain the appeal preferred by him against Mutation. (HP HC) Decided on: 14.10.2024

197. Chatur Varshik Shradh of deceased father of convict – Interim bail -- Rape convict for 10 years -- Denial or curtailment or deprivation of interim release shall defeat the object and intent of reformation, which is the heart and core of criminal justice -- Interim bail granted commencing from 12th October 2024 till 20th October, 2024 with two police personnels. (HP HC) Decided on: 11.10.2024

198. Preventive Detention order -- Probable that Senior Superintendent of Police was fully aware of the fact that the petitioner had applied for his bail before a criminal court of law in connection with his arrest by reference to FIR which was likely to be granted to him and, therefore, in order to pre-empt the release of the petitioner on bail, the Senior Superintendent of Police (SSP), planned to generate a dossier against the petitioner in order to somehow chain him in confinement in order to frustrate his prospective release on bail by a criminal court of law -- Preventive detention order quashed. (J&K&L HC) Reserved on 10.09.2024 Decided on: 10.10.2024

199. Solitary absence of the petitioner/ accused -- Forfeiture of bail bond -- Many a times, the accused can be prevented by sufficient reasons to put an appearance before the Court on a given date and, therefore, it necessarily cannot be construed as a deliberate and willful absence -- Procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness -- Petitioner himself come forward and has undertaken to appear before the trial Court on each and every date -- Petition allowed, impugned order set aside. (P&H HC) Decided on: 10.10.2024

200. NDPS Case – Regular bail -- Recovery of 3.17 Kg. of charas – Sample was not taken from each piece or each strip, 100 gram sample was randomly taken -- It cannot be said that each sample is the representative sample of the allegedly recovered quantity of the applicant -- Bail allowed. Gaunter Edwin Kircher’s case (1993) 3 SCC 145 relied. (UK HC) Decided on: 08.10.2024