Digi - Legal Insights

Victims right to legal representation - Victim entitled to engage eminent Senior Advocate of choice outside notified panel; refusal by District Magistrate held untenable - Petition allowed.

Bail - Non-compliance with daily reporting condition justified on medical grounds - Condition modified as infructuous - Cancellation of bail quashed - Petition allowed.

Bail and fair trial - Failure to provide effective legal aid vitiates fairness of proceedings - Cross-examination by accused found inadequate - Sessions Court directed to rehear bail application with proper legal assistance and relevant materials.

Bail - Even in allegations of criminal conspiracy and contract killing, where electronic evidence like voice recordings is unverified and no proclamation under Section 82 CrPC is issued, applicant cannot be treated as absconder; bail may be granted with conditions.

Quashing of charge sheet - Accused possessing valid passport cannot be prosecuted for offence under Foreigners Act and Passport Rules - Charge sheet and proceedings quashed - Petition allowed.

Quashing of FIR - Where parties are married and complainant admits filing under misconception, continuation of proceedings for offence under Section 376(2)(n) IPC is unjust; FIR quashed.

Quashing of Criminal Case - Proceedings under IPC Sections 354, 376 and POCSO Act unsustainable where continuance would jeopardize welfare of victim and child born out of wedlock; Court justified in exercising inherent powers under Section 482 CrPC.

Conviction under Section 498A IPC set aside as allegations were vague, general, and uncorroborated by material witnesses trial court failed to evaluate inconsistencies.

Petition under Section 311 CrPC dismissed as petitioner had no locus to seek impleadment as witness 16 years after crime and trial had already concluded.

Issuance of process under Section 138 NI Act upheld as Magistrate complied with Section 202 CrPC by examining complainant and documents, despite accused residing beyond jurisdiction.

Conviction under Sections 120B and 411 IPC set aside as prosecution failed to prove appellants knowledge or connection with fraudulent transactions and identification of recovered property was doubtful.

Conviction upheld based on victims consistent testimony corroborated by medical evidence; delay in FIR not fatal.

Conviction set aside as findings on Sections 304A and 325 IPC lacked clarity on individual role of each accused and Section 149 IPC was improperly invoked.

Conviction confirmed as victims testimony was consistent and supported by medical and DNA evidence.

FIR quashed as mere failure to repay does not establish intention to deceive from inception and no evidence of concealment of insolvency.

FIR quashed as complainants own provocative posts invited reaction; audio evidence cherry-picked.

Acquittal upheld as prosecution failed to prove demand or acceptance of bribe and presumption under Section 20 of Prevention of Corruption Act was not attracted.

Conviction upheld as demand and acceptance were clearly proved through consistent evidence despite non-use of anthracene powder.

Bail rejected as multiple complaints existed against applicant and custodial interrogation was found necessary due to serious financial fraud allegations.

Bail granted due to prolonged incarceration and delay in trial, violating right under Article 21.