302 – MyNation KnowledgeBase

SC: Same Court can cancel the Bail Which had Granted it if There are Serious allegations even if Accused hasn’t misused Bail

Posted on 17/07/202417/07/2024 by MyNation 2 Comments

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 2639 of 2024 Decided On: 17.05.2024 Ajwar Vs. Waseem and Ors. Author: Hima Kohli, J. 1. Leave granted. 2. The present appeals are directed against four different orders passed by the learned Single Judges of the…

Whether colloquial variation in describing the accused render the identification of accused unreliable?

Posted on 02/01/202202/01/2022 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 540/2018 LALA @ ANURAG PRAKASH AASRE Vs THE STATE OF MAHARASHTRA Author: Hrishikesh Roy, J. Dated: AUGUST 24, 2021 1. Heard Mr. Huzefa Ahmadi, the learned Senior Counsel on behalf of the Appellant. The…

Merely because the deceased consumed poison in front of the house of the accused, that itself will not indicate any relation of the accused with the deceased.

Posted on 19/09/2021 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION [R. Subhash Reddy, J.] [Hrishikesh Roy, J.] September 17, 2021 CRIMINAL APPEAL NO. 1022 OF 2021 [Arising out of S.L.P.(Crl.)No.7554 of 2019] Kanchan Sharma vs. State of Uttar Pradesh Anr. J U D G M E…

When court should not entertain successive Anticipatory bail application on the ground of Change of Circumstances?

Posted on 01/02/2021 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2021 (Arising out of SLP(Crl.)No. 213 of 2021) G.R. ANANDA BABU Appellant(s) VERSUS THE STATE OF TAMIL NADU & ANR. Respondent(s) O R D E R Leave granted. Heard learned counsel for…

Whether court can convict accused of an offence, U/S 302 read with S 149 of IPC if he was acquitted U/S 302 read with 148 of IPC?

Posted on 11/08/2020 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 120 OF 2008 Md. Ankoos & Ors. …Appellants Versus The Public Prosecutor, High Court of A.P. …Respondent JUDGEMENT R.M. Lodha, J. Five persons were done to death in the intervening night of October…

Whether accused can claim that they were discharged from offence if they were discharged from custody on application of investigating officer?

Posted on 11/08/2020 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 813 of 2019 Decided On: 01.05.2019 Rajesh and Ors. Vs. State of Haryana Hon’ble Judges/Coram: L. Nageswara Rao and M.R. Shah, JJ. Citation: MANU/SC/0649/2019 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment…

Whether the Public prosecutor can refrain from examining any witness if the witness refuses to give testimony for fear of his life?

Posted on 11/08/2020 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 99 of 1974 Decided On: 29.01.1975 Shanker Vs. State of U.P. Hon’ble Judges/Coram:R.S. Sarkaria and V.R. Krishna Iyer, JJ. Citation: (1975) 3 SCC 851, AIR 1975 SC 757, MANU/SC/0207/1975 1. The appellant, Shanker s/o Prem Raj,…

When Default bail granted to accused U/S 167 of CRPC will be cancelled?

Posted on 21/05/2020 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 559 of 1992. Decided On: 15.09.1992 Aslam Babalal Desai Vs. State of Maharashtra Hon’ble Judges/Coram: A.M. Ahmadi, M.M. Punchhi and K. Ramaswamy, JJ. Citations: AIR 1993 SC 1, 1993 (1) ALT Cri 265, 1993 (41) BLJR…

Absence of specific details in Allegations of Cruelty and Harassment, will not attract ingredients of S.304B and 498A IPC

Posted on 12/02/202012/02/2020 by MyNation 1 Comment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 86 OF 2000 The State of Maharashtra …Appellant Versus 1. Basveshwar Kallapa Patne,Age 66 years. 2. Sadanand Basaveshwar Patne,Age 25 years. 3. Annarao @ Vivekanand B. Patne,Age 18 years, 4. Swaruparani…

Whether it is necessary to prove that accused caused death of Rape victim with mensrea for applicability of S 376A of IPC?

Posted on 30/01/2020 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1523-1524 OF 2019 [Arising out of Special Leave Petition(Crl.)Nos. 9254- 9255/2019 CRL.M.P. Nos. 5704-5705 OF 2017] Ravishankar @ Baba Vishwakarma ….. Appellants(s) VERSUS The State of Madhya Pradesh …..Respondents(s) JUDGMENT SURYA KANT, J….

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Tag: 302

Whether colloquial variation in describing the accused render the identification of accused unreliable?

Merely because the deceased consumed poison in front of the house of the accused, that itself will not indicate any relation of the accused with the deceased.

When court should not entertain successive Anticipatory bail application on the ground of Change of Circumstances?

Whether court can convict accused of an offence, U/S 302 read with S 149 of IPC if he was acquitted U/S 302 read with 148 of IPC?

Whether accused can claim that they were discharged from offence if they were discharged from custody on application of investigating officer?

Whether the Public prosecutor can refrain from examining any witness if the witness refuses to give testimony for fear of his life?

When Default bail granted to accused U/S 167 of CRPC will be cancelled?

Absence of specific details in Allegations of Cruelty and Harassment, will not attract ingredients of S.304B and 498A IPC

Whether it is necessary to prove that accused caused death of Rape victim with mensrea for applicability of S 376A of IPC?

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