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Introduction In a significant reaffirmation of personal liberty and criminal procedure safeguards, the Bombay High Court has held that an accused cannot be remanded to judicial custody merely for not applying for bail , particularly when the individual was never arrested during investigation and consistently appeared before the court pursuant to summons . The ruling underscores the constitutional limits on judicial power and reinforces the settled principle that custody is a legal status, not a procedural assumption . Background of the Case The ruling arose from a criminal case registered in 2023 , involving allegations that partners of AS Agri and Aqua Limited Liability Partnership defrauded investors of approximately ₹350 crore by promising unusually high returns. Alleged Offences The FIR invoked the following provisions: Section 406, Bharatiya Nyaya Sanhita, 2023 – Criminal breach of trust Section 420, Bharatiya Nyaya Sanhita, 2023 – Cheating Section 427, Bharatiya Nyaya Sanhi...

The Punjab and Haryana High Court has ordered the interim release of Sonia and her husband Sanjeev Kumar, who were convicted of killing eight members of Sonia’s family in August 2001. The court simultaneously directed the Haryana government to reconsider their premature release application within two months, strictly in accordance with the applicable remission policy. Background of the 2001 Hisar Mass Murder Case On the night of August 23, 2001, eight members of the Punia family were killed at their farmhouse on the outskirts of Hisar. The victims included: • Relu Ram Punia (50), former MLA of Barwala constituency • Krishna Devi (41) • A 14-year-old daughter • Sunil Kumar (23), son from first marriage • Daughter-in-law Shakuntala Devi (20) • A 4-year-old grandson • Two granddaughters, including a two-month-old infant According to the prosecution, Sonia and Sanjeev retrieved an iron rod from the garage after midnight and murdered the family members individually in separate ro...

The Supreme Court of India has raised serious institutional concerns over what it described as a “growing trend” of reopening and overturning its own judgments before differently constituted benches. The remarks came during the hearing of a plea in a 2019 West Bengal murder case, and the Court warned that repeated reversals threaten judicial discipline, legal certainty, and the constitutional principle of finality in decision-making. Case Background: Plea by Anisur Rahman The observations were made while hearing a plea filed by Anisur Rahman, an accused in a 2019 murder case in West Bengal. Rahman sought modification of a bail condition that prohibited him from leaving Kolkata. A bench of Justices Dipankar Datta and A.G. Masih refused to modify the earlier bail order passed in January, noting that the new application was filed shortly after the judge heading the earlier bench had demitted office. The Court viewed this timing as an attempt to obtain a favorable outcome due to the c...

Introduction Surendra Koli, one of the two men accused in the infamous 2006 Nithari killings, walked out of Luksar Jail on Wednesday evening after 18 years in custody. His release came a day after the Supreme Court acquitted him in the last pending case against him, closing a legal saga that had shocked the nation with allegations of child murders, sexual assault, and even cannibalism. The acquittal marks a crucial moment for India’s criminal justice system, raising questions about flawed investigations, procedural lapses, and wrongful incarceration. Koli’s Release from Luksar Jail Koli, now 49, stepped out of Luksar Jail at 7:16 pm, dressed in a powder-blue shirt, black pants, and a navy jacket. Jail officials, including Superintendent Brijesh Kumar, described him as calm and emotionless upon receiving the release order. No family members were present; only three lawyers accompanied him. During his imprisonment at Luksar Jail, Koli maintained a quiet routine. He woke up at 5:30 a...

The Curious Case of a Missing Man Found Alive: Supreme Court to Examine Police Custody Mystery In a case that reads more like the plot of a Bollywood thriller , the Supreme Court is currently examining a curious incident where a man presumed dead for 14 years  after allegedly escaping police custody was found alive . The case, dating back to 2005 , has raised questions about police misconduct, wrongful detainment, and an alleged conspiracy involving the Punjab Police . Background of the Case: The Disappearance and "Death" The saga began in August 2005 , when Hardeep Singh was arrested by Punjab Police under the Narcotic Drugs and Psychotropic Substances Act (NDPS) from Ludhiana. The very next day, the police claimed that Hardeep Singh had escaped from custody . A First Information Report (FIR) was registered under Section 224 of the IPC  against him, which deals with the escape of a person from lawful custody. His father, Naginder Singh , filed a habeas corpus petition , i...