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Landmark Judgments and Articles on Law

Whether court can review it own order if it has failed to consider possibility of reformation of accused while passing death sentence?

 SUPREME COURT JUSTICE L. NAGESWARA RAO, JUSTICE B.R. GAVAI ,JUSTICE B. V. NAGARATHNA Mofil Khan Anr. Vs. The State of Jharkhand Review Petition (Criminal) No.641 of 2015 26th November 2021 Author: L. NAGESWARA RAO, J. Citation: 2021 ALL SCR (ONLINE) 701 1. This Petition has been…

Can the court convict the accused based on the falsity of his defense if the prosecution does not prove its case based on circumstantial evidence?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1903 OF 2019 NAGENDRA SAH …… APPELLANT vs. THE STATE OF BIHAR …… RESPONDENT JUDGEMENT ABHAY S. OKA, J. 1. The appellant is the accused. The appellant was prosecuted for the offences punishable…

Whether court should consider the role of the accused in crime if he is claiming bail on the ground of parity?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 1089 of 2021 Shri Mahadev Meena Vs Raveen Rathore And Another Author: Dr Dhananjaya Y Chandrachud, J Dated: September 27, 2021. 1. This appeal arises from a judgment dated 12 February 2021, of a…

Should the investigating officer make the application on affidavit to court to issue a proclamation order against the accused?

  ALLAHABAD HIGH COURT Case :- U/S 482/378/407 No. – 2261 of 2021 Kunwar Mahendra Pratap Singh @ Chandan Singh Vs State Of U.P. Ors. Coram: Hon’ble Mrs. Saroj Yadav,J. Dated: 18.8.2021 1. This petition under Section 482 of The Code of Criminal Procedure, 1973 (in short “Cr.P.C.)…

SC Guidelines for Bail

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 883 OF 2021 (Arising from S.L.P.(Criminal) No.3739/2021) Harjit Singh …Appellant Versus Inderpreet Singh @ Inder and another …Respondents   JUDGMENT M.R. SHAH, J. 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the…

Bail condition to compensate victims cannot be Imposed

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.432 OF 2021 [Arising from SLP (Crl) No.673/2021] DHARMESH @ DHARMENDRA @ DHAMO JAGDISHBHAI @ JAGABHAI BHAGUBHAI RATADIA & ANR. … Appellants Versus THE STATE OF GUJARAT …Respondent J U D G M E…

Parole denied : Advocates should not suppress material facts

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 253/2021 1] Asgar Kadar Sheikh, Convict No. 6473 2] Mohd Yakub Abdul Majid Nagul, Convict No. C/8774, Both Presently at Central Prison,Nagpur…. PETITIONER(S) // VERSUS // Jail Superintendent, Nagpur Central…

Whether the Court can disbelieve the evidence of the injured witness if there is a minor discrepancy in his evidence?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 216 OF 2015 Kalabhai Hamirbhai Kachhot Vs State of Gujarat Author: R. Subhash Reddy, J. Dated:April 28, 2021. 1. Leave granted in S.L.P.(Crl.)No.3227 of 2015. 2. All these criminal appeals are filed against the…

SC: Closure Report cannot be Filed merely because Informant did not supply adequate evidence to Investigate

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRL.) NO.6951 OF 2018 AMAR NATH CHAUBEY …PETITIONER (S) VERSUS UNION OF INDIA AND OTHERS …RESPONDENT(S) ORDER One Shri Ram Bihari Chaubey, the father of the petitioner, was shot dead at his residence…

Whether suggestions given by Advocate for accused to prosecution witnesses is binding on accused?

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 901/2018 SUBHASH Vs STATE Date of Decision: 08th May, 2020 CORAM: MR. JUSTICE MANMOHAN HON’BLE MS. JUSTICE SANGITA DHINGRA SEHGAL MANMOHAN, J: 1. Present appeal has been filed by appellant-convict challenging the judgment dated 29th…

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