Absence of forensic links and reliance on hearsay renders Prosecutions case unsustainable, highlighting risks of continuing trial based on such weak evidence, which infringes upon Petitioners rights and well-being hence, impugned FIR and charge-sheet registered of alleged offenses quashed.
Continuing his confinement lacked fruitful purpose, given his rehabilitative progress and deemed SSRBs earlier rejection of his release arbitrary and legally unsustainable, thus quashing it hence, it would be appropriate to direct release of Petitioner.
Impugned letter rejecting SSRBs recommendation and disallowing Petitioners plea for premature release, is arbitrary and unsustainable in law hence, set aside and it would be appropriate to direct release of Petitioner.
Impugned letter rejecting SSRBs recommendation and disallowing Petitioners plea for premature release, is arbitrary and unsustainable in law hence, set aside and it would be appropriate to direct release of Petitioner.
Court set aside States rejection of SSRBs recommendation for premature release of Respondents, considering factors such as adherence to Goa Prison Rules, Respondents' conduct in prison and indicators of their reform thus, decision emphasized that punishment should focus on prevention and reformation rather than vengeance.
Applicant has been incarcerated since September 3, 2018, serving over seven and half years hence, during pendency of appeal, substantive sentence can be suspended, allowing for release on bail under specific conditions.
Due to prolonged weaknesses in evidence against Applicant, which has persisted during his six-year custody, he is considered eligible for bail on similar terms as his co-accused.
Tahsildar improperly declared proceedings closed regarding disputed agricultural lands despite possession reports from Police and instead of determining entitlement and restrained Petitioners from disturbing Respondent No.3s possession, which exceeds jurisdiction granted under Section 145 of CrPC.
Impugned order of conviction and sentence held proper, as prosecution successfully demonstrated a chain of evidence and Sessions Judge properly evaluated evidence and dismissed testimony of dog handler, affirming that accused was last person with deceased.
Although appellant was granted interim anticipatory bail on 07/01/2025, new substantial evidence has emerged regarding incident, prompting the court to consider vacating interim order hence, impugned order passed by Special Judge is confirmed.
Impugned judgment passed by Additional Sessions Judge is quashed and modified, convicting appellant under Section 304 Part II of IPC and sentencing him to time already served and conviction under Section 30 of Arms Act, 1959 is upheld.
Prosecution failed to establish common intention of accused Nos. 2 and 3 however, evidence against accused No. 1, who is linked to death of deceased, is consistent and corroborated hence, appeal is partially allowed, affirming prosecutions case against accused No. 1 while exonerating accused Nos. 2 and 3.
FIR registered against Applicant does not meet necessary criteria under Section 32 of Act and is therefore unsustainable.
Petitioner, despite being acquitted in three cases, faces serious pending trial and evidence supports that subjective satisfaction as required under Section 55 has been adequately recorded based on gangs activities hence, no interference in impugned orders is warranted.
Appellant has been in custody since 18/04/2026, that investigation has been completed and charge-sheet has already been filed hence, impugned order set aside and ail granted to Appellant.
As Cheque, issued after cancellation of deal, does not reflect such an obligation since transaction was terminated before any statutory notice or complaint was filed hence, cheque does not signify legally enforceable debt.
Case establishes that victim, a child allegedly sexually assaulted by her father, faced significant trauma and violation of her rights hence, no reason to interfere with judgment impugned in Appeal even on point of quantum of sentence.
No blanket order will prevent further FIRs against Petitioner pending independent transactions and Court has not reviewed case on merits, leaving investigation conclusion and legal determinations to relevant jurisdictional Court.
Petitioners were not heard by Special Court prior to taking cognizance hence, Special Court is directed to afford Petitioners an opportunity of hearing from stage of taking cognizance.
Petitioner has previously been granted parole five times and that misconduct incidents noted in order are uncontested hence, Petitioner is permitted to file new parole application with Respondent no.2.
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