Delay in trial
infringes right to speedy trial under Article 21; bail granted despite serious
charges under IPC and SC/ST Act.
Appellants are acquitted of alleged charges, as prosecution failed to present an unbroken chain of circumstances, leading to a conclusion that doubts remain about Appellants guilt
High Court made an error in overturning Trial Courts acquittal without proving its findings were perverse hence, Appellants conviction is overturned, leading to their acquittal due to reasonable doubt.
Courts erred in convicting Appellant based on presented evidence leading to conclusion that motive was not convincingly established hence, impugned judgment of conviction set aside.
Where arrest intimation
and legal provisions were duly communicated and recorded, no violation of
Article 22(1) or Section 483 of BNSS is made out.
Bail granted in sexual
assault case where trial delayed and continued incarceration violates right to
speedy trial under Article 21.
Deed of Trust clarifies that Trustees manage Trusts assets solely, indicating that Trust lacks independent legal status therefore, in cases of cheque dishonor, complaint can be lodged against signing Trustee without involving Trust itself.
When subsequent
conviction occurs during life imprisonment, sentence must run concurrently as
per Section 427 CrPC, modification directed.
Acquittal proper where
presence of accused is doubtful, medical and recovery evidence lacking, and
caste abuses not proved; trial courts view being a possible view warrants no
interference.
Rejection of B-Summary
Report without reasons is unsustainable where FIR and witness statements do not
substantiate allegations; report accepted.
Court declined to quash cognizance order or stop proceedings, emphasizing that allegations relate solely to recovery of specified amount and do not impose criminal liability at this stage.
Cancellation justified
where accused involved in serious offences of forgery, trespass, vandalism and
threats; High Court erred in granting pre-arrest bail ignoring need for
custodial interrogation.
Bail granted in
cheating case where dispute is predominantly civil in nature and custodial
interrogation is not warranted.
Bail granted in alleged
offence under Sections 420 and 409 IPC where no prima facie evidence of
deception or misappropriation; dispute appears civil in nature.
Bar under Section 18 of
SC/ST Act not attracted where dispute is civil in nature and no prima facie
case of caste-based offence is made out.
Temporary custody of
animals - Where no cruelty is found under Section 11(c) of PCA Act, Magistrates
order releasing animals upheld, and Revisional Courts modification to grant
temporary custody valid.
Charge-sheet quashed
where no evidence of intention, motive, instigation or abetment; forcing
accused to face trial without necessary pre-requisites would be unjust.
FIR quashed where no
material discloses instigation or close proximity between accuseds conduct and
suicide; ingredients of Sections 306 and 506(2) IPC not satisfied.
Conviction under Water
Act set aside due to procedural lapses and absence of mandatory opportunity to
rebut analysts report.
Conviction under
Sections 324 and 326 IPC upheld as medical evidence and consistent testimonies
proved both accused used knives during the assault.
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