Prosecution failed to
establish foundational facts beyond reasonable doubt; conviction set aside.
Considering circumstantial evidence, combined with severity of Applicants alleged role, does not warrant bail, as conditions of Section 37 of Act are not met.
Prosecution failed to
follow proper seizure and search procedures; conviction set aside.
Unexplained delay between Detaining Authoritys receipt of representation and subsequent comments sent to State Government violates constitutional mandate outlined in Article 22 (5) of Constitution, thereby invalidating detention order.
Given significant sums involved and number of victims, custodial interrogation is deemed essential and granting anticipatory bail could impede investigation.
As Petitioner did not raise objections about illegal arrest during initial remand, leading to conclusion that if procedural infringement existed, it could be addressed through compensation or accountability measures without disrupting ongoing trial.
If evidence presented does not convincingly prove Appellants guilt, impugned Judgment convicting and sentencing Appellant set-aside and Appellant is acquitted from all charges.
If interim moratorium under Section 96[1][a] of Code was initiated, but there is no record of subsequent events then, Respondents are not entitled to protection from this moratorium issued by NCLT Kolkata.
Court declines to invalidate arrest or remand orders, emphasizing importance of adhering to constitutional mandates while acknowledging the need for judicial restraint regarding past proceedings.
Application under Section 482 of CrPC is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of Court.
Even it is a case of only broken relationship, which by itself would not amount to abetment of suicide hence accused, is acquitted of offence for which he was charged, convicted, and sentenced.
Complainants evidence was insufficient to establish that cheque was issued for a legal and enforceable liability and no legal debt existed between complainant and accused, leading to acquittal of accused without any legal error.
Appellate Courts discretion to require deposit was deemed valid to deter delays and uphold rights of complainant, who has been engaged in litigation since November 2022 hence, order of Appellate Court needs to be upheld.
As There Are Insufficient Grounds To Charge Accused With Alleged Offences, Impugned Judgment Of Conviction Set Aside And Accused Is Acquitted Of Said Offence.
Conviction upheld as
prosecution proved that the accused assaulted the victim with intent to outrage
her modesty.
Show-cause notice and externment order did not adequately consider Petitioners bail conditions or provide specific threats from witnesses, rendering externment action unjustified.
Grounds of arrest
communicated within four minutes, no violation of fundamental rights.
Impugned order of detention set aside, as Petitioners detention does not fulfill legal preconditions and constitutional safeguards.
Conviction upheld as
overtaking from the left side resulted in fatalities, violating road safety
regulations.
Conviction set aside
due to weak circumstantial evidence and absence of a reliable extra-judicial
confession.
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