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Supreme Court of India Judgements Home  Bail Granted Bail Granted LANDMARK JUDGEMENT — Bail—Default Bail—If offence is punishable with imprisonment upto 10 years’ then accused in entitled for default bail after 60 days and where minimum sentence is 10 years or more then after 90 days. October 25, 2017       2017(3) Law Herald (SC) 1745 : 2017 LawHerald.Org 1271 IN THE SUPREME COURT OF INDiA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice Deepak Gupta Hon’ble Mr. Justice Prafulla C. Pant Special Leave to Appeal (Crl.) No. 2009 of 2017 Rakesh Kumar Paul v. State of Assam Decided on 16/08/2017 For the Petitioner:                Mr. Wajeeh Shafiq, Advocate. For the Respondent:       Mr. Debojit Borkakati, Advocate. Bail—Default Bail—If offence is punishable with imprisonment upto 10 years’ then accused in entitled for ...

Important Cr.P.C Sections In Trial Court The Code of Criminal Procedure 1973 (Cr.P.C) is a procedural law which provides a mechanism in which way the criminal trial to be conducted. It gives the administration of criminal law. The primary object of the criminal justice system is to ensure that the trial is to be fair. The accused can prove their innocents through this trial and the guilty person should not be escaped from the punishment. The trial began after framing the charge and end with the judge’s declaration. The trial classified into two schedules the offenses classified under I.P.C. and the offenses classified other than I.P.C. The nature of the trial depends on the seriousness of the offense. Sessions Trial Procedure Police case­225 to 237 Cr.P.C Chapter XVIII of Cr.P.C  starting with sec.225 and ending with sec.237 deals with the manners on which the trial to occur before a court Session. A prosecution should be conducted by a public prosecutor before a cou...

LANDMARK JUDGMENT ON PROSECUTION U/S 340 OF CRPC In connection with the investigation of F.I.R. No. 287 of 1999 registered at Police Station, Mehrauli (Jessica Lal Murder Case), the Police sought an expert opinion from the State Forensic Science Laboratory, Rajasthan by letter dated 19.01.2000. During the trial before the Sessions Court, New Delhi, 101 witnesses were examined for the prosecution. Appellant was PW-95. The trial court acquitted all the ten accused of all the charges. In Criminal Appeal 193 of 2006, by judgment dated 20th December 2006, the High Court convicted all of them. The conviction was upheld by this Court in a judgment dated 19.04.2010. REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 9-10 OF 2016 (Arising from S.L.P. (Criminal) Nos. 7153-7154/2013) PREM SAGAR MANOCHA V STATE (NCT OF DELHI) Citation; 2016 CRLJ1090 SC,(2016) 4 SCC 571 2. Appellant is aggrieved by the proceedings initiated by the High Court of De...

Supreme Court has directed Supertech Limited to refund around Rs 1 crore to a buyer for delay in giving possession of a flat in its Noida project. --------------- Delhi High Court while expressing displeasure over the action taken by a Delhi Assembly Committee against a senior IAS officer has said that the "unholy fight" between the Centre and the Delhi Government could demoralise the bureaucracy. --------------- Himachal Pradesh High Court has banned wall writings, pasting of posters, cut-outs, hoarding, banners and political flags on government property and directed the state’s Chief Electoral Officer (CEO) to ensure strict compliance of the order during the November 9 assembly polls . --------------- Kerala High Court while holding ‘ Nokku Kooli’ illegal has ruled that payments to headload workers union should only be made through bank accounts, and that too only after production of details of aadhaar card, pan card etc. --------------- Delhi High Court w...

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SC Issues Guidel ines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties A 3-judge Bench of the Supreme Court has culled out the broad principles from various precedents in relation to Section 482 of the Code of Criminal Procedure (CrPC) for quashing First Information Reports (FIRs). A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud passed the judgment in an appeal against a decision of the Gujarat High Court. The Gujarat High Court had dismissed an application by the appellants under Section 482 of CrPC seeking quashing of FIR registered against them for offences punishable under Sections 384, 467, 468, 471, 120-B and 506(2) of the Indian Penal Code. The plea for quashing the FIR was advanced on the ground that the appellants had amicably settled the dispute with the complainant. The complainant had also filed an affidavit to that effect. On behalf of the prosecution, the Public Prosecutor had opposed the applicati...