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Showing posts with the label Criminal Procedure

Nikki Bhati ‘Murder’ Case — Allahabad High Court Grants Bail to Brother-in-Law

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Case Background — Alleged Murder and Accused Family Member The case concerns the alleged murder of Nikki Bhati , in which the victim’s brother-in-law was named as one of the accused persons. The prosecution narrative links the accused to the circumstances surrounding the alleged homicide, placing him within the circle of suspected involvement in the crime. The proceedings before the Allahabad High Court deal specifically with the question of whether the accused brother-in-law should be granted bail during trial . Earlier Bail Rejection — Court Found “No Sufficient Ground” On December 5 , the Allahabad High Court rejected the first bail application of the accused brother-in-law. In its earlier order, the Court observed that there were not sufficient grounds at that stage to justify release on bail. The rejection was based on: seriousness of allegations gravity of offence nature of material on record at the time of hearing The Court had accepted the prosecution’s submission that granti...

Fixing Probe Timelines Must Be an Exception, Not the Rule: Supreme Court Reins in High Court’s Directions

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Introduction In a significant ruling reinforcing the balance between judicial oversight and investigative autonomy , the Supreme Court of India has held that fixing timelines for completion of criminal investigations must remain an exception and not the norm . The judgment cautions High Courts against routinely prescribing time-bound probes under Article 226 of the Constitution , emphasising that investigations are inherently complex and unpredictable. The ruling came while setting aside an Allahabad High Court order that directed the Uttar Pradesh Police to complete an investigation into an alleged arms licence forgery within three months and granted the accused protection from arrest. Background of the Case The case arose from allegations that three accused had obtained arms licences using forged documents . The police initiated the investigation in May 2024 . In June–July 2024 , the Allahabad High Court: Directed the police to complete the investigation within 90 days Granted the a...

Unarrested Accused Cannot Be Jailed for Not Seeking Bail: Bombay High Court Reaffirms Due Process

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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...

Investigation into Alleged Assault on Swati Maliwal: Delhi Police May Visit CM's House to Record Statements

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Investigation into Alleged Assault on Swati Maliwal: Delhi Police May Visit CM's House to Record Statements The Delhi Police may visit the Chief Minister's residence on Friday to record statements from the policemen and staff present during the alleged assault on Aam Aadmi Party (AAP) MP Swati Maliwal, according to sources. FIR Filed and Section 164 Statements An FIR was filed at the Civil Lines police station on Thursday regarding the alleged assault on Swati Maliwal, AAP's Rajya Sabha MP. Maliwal has accused Bibhav Kumar, the personal secretary to Chief Minister Arvind Kejriwal, of physically assaulting her. The police plan to record Maliwal's statement before a magistrate under Section 164 of the Criminal Procedure Code. This section allows a magistrate to record statements or confessions during a police investigation before a trial. Details of the Alleged Incident Maliwal made a PCR call from the Chief Minister's house at 9:34 PM on May 13, reporting the assault...