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Showing posts with the label Justice System

Pune Porsche Car Crash Case — Supreme Court Issues Notice on Bail Pleas of Two Accused

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Case Background — May 19, 2024 Crash at Kalyani Nagar The case arises from the May 19, 2024 incident in Pune, where a Porsche car allegedly driven by a 17-year-old under the influence of alcohol rammed into a motorcycle near Kalyani Nagar on Airport Road shortly after 2 a.m., resulting in the death of two bike riders — Anis Awadhiya and Ashwini Koshta. The accused juveniles were returning from a late-night party along with friends when the fatal crash occurred. The incident triggered widespread public outcry due to allegations of attempts to shield the juveniles and manipulate forensic evidence. Supreme Court Proceedings — Notice Issued on Bail Pleas The Supreme Court bench of Justices BV Nagarathna and Ujjal Bhuyan issued notice to the State of Maharashtra on the bail petitions filed by two of the accused after the Bombay High Court rejected their bail pleas on December 16. The Court directed the matter to be listed for hearing on January 30, while calling for the State’s response. Th...

Supreme Court on Suppression of Criminal Antecedents — Concealment of Facts is Abuse of Judicial Process

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The Supreme Court has reiterated that suppression of criminal history while seeking bail amounts to an abuse of the legal process and is, by itself, sufficient ground for dismissal of a petition — irrespective of the merits of the case. The ruling reinforces the duty of candour expected from litigants invoking the Court’s discretionary jurisdiction. Case Background — Bail Plea Rejected for Concealment of Criminal Cases The ruling arose in Firoz @ Farhu v. State of Rajasthan , where the accused sought bail in a murder case registered under Section 302 of the Indian Penal Code. A bench of Justices Sanjay Kumar and Alok Aradhe found that: The petitioner falsely declared that he had “no antecedents”. However, the State’s counter-affidavit revealed: One earlier criminal case registered in June 2023. Another case registered in August 2024. The Special Leave Petition was filed in August 2025 despite the petitioner’s knowledge of these cases. The Court held that the concealment was deliberate ...

Bombay High Court Upholds Life Imprisonment of Tailor Convicted for Brutal Murder of Mother-in-Law

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The Bombay High Court has upheld the conviction and life sentence of Murgesh Pechi Muttu, a tailor, who murdered his mother-in-law Manju Swamy in 2012 using a scissor blade. The division bench of Justices Manish Pitale and Manjusha Deshpande dismissed the appeal challenging the conviction, holding that the prosecution had proved the case beyond reasonable doubt. Case Background and Incident Narrative The incident occurred on December 19, 2012 , at a transit camp residence in Borivali, Mumbai. The deceased, Manju Swamy , intervened when the accused began assaulting his wife Asha — her daughter — shortly before Asha was to leave for her nursing shift at Arihant Hospital. During the altercation: The accused removed a sharp blade from a pair of scissors Repeatedly assaulted Swamy on the head and back Continued the attack even after she fell unconscious The victim died before reaching the hospital. The Court observed that: “The ferocity of the assault and the fact that the victim died even ...

JHARKHAND HIGH COURT FINES WATER RESOURCES DEPARTMENT OFFICIALS FOR FILING “FRIVOLOUS AND BOGUS” REVIEW PETITION

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INTRODUCTION The Jharkhand High Court has imposed a cost of ₹1,00,000 on officials of the State Water Resources Department for filing what it termed a “most bogus and frivolous” civil review petition, observing that the petition was filed with the oblique motive of delaying execution of an arbitral award payable to a Bihar-based construction company, M/s R.K. Construction Private Limited. The Court directed that the fine be paid personally by the concerned officials and deposited with the Jharkhand State Legal Services Authority (JHALSA). CASE BACKGROUND AND ARBITRATION AWARD The dispute arose out of civil works carried out in Jamshedpur under the Subarnarekha Multipurpose Project. The construction company was awarded approximately ₹2.5 crore through arbitration, following a dispute with the Water Resources Department over unpaid dues for executed works. After the arbitral award, the company initiated execution proceedings before the competent court to recover the awarded amount. Durin...

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...

Jharkhand High Court Orders Probe and ₹1.5 Lakh Compensation in Alleged Custodial Thrashing of JLKM Leader

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Introduction In a significant reaffirmation of constitutional safeguards against custodial violence, the Jharkhand High Court has ordered a comprehensive probe and directed the immediate payment of ₹1.5 lakh as compensation to Jharkhand Loktantrik Krantikari Morcha (JLKM) leader Tarun Kumar Mahato , who was allegedly subjected to custodial thrashing by the police. The Court emphasised individual accountability of erring police officials , reinforcing the principle that custodial torture is a grave violation of fundamental rights . Background of the Case Arrest and Alleged Custodial Torture Date of Arrest : Night of November 28 Police Station : Ichagarh Police Station, Seraikela-Kharsawan district Allegation : Severe physical assault while in police custody Reason for Arrest : Dispute related to alleged illegal mining and transportation of sand Following his arrest, Tarun Kumar Mahato reportedly sustained serious injuries and has since been undergoing treatment at Seraikela Sadar Hos...

SUPREME COURT DIRECTS HIGH COURTS AND STATES TO FAST-TRACK UAPA TRIALS

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The Supreme Court of India has issued a significant direction to all High Courts and State governments to ensure expeditious disposal of cases under the Unlawful Activities (Prevention) Act (UAPA). The Court stressed that terrorism-related matters must be handled with “efficacy and expediency,” especially considering the stringent nature of the law and the increasing pendency of cases. The directions were delivered by a bench comprising Justices Sanjay Karol and N. Kotiswar Singh while hearing the Central Bureau of Investigation’s (CBI) appeal in the 2010 Jnaneshwari Express derailment case , which claimed 148 lives and injured over 170 passengers. BACKGROUND: THE 2010 JNANESHWARI EXPRESS CASE The case relates to the derailment of the Jnaneshwari Express in West Bengal, allegedly caused by sabotage due to opposition to joint police-paramilitary operations against Maoist groups in the region. Eighteen accused individuals were granted bail by the Calcutta High Court, a decision chall...

High Court Grants Interim Bail to Couple Convicted of Killing Eight Family Members in 2001

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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...

RIGHTS UNDER SC/ST ACT SHOULD NOT BE MISUSED: ALLAHABAD HIGH COURT OBSERVATION

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The Allahabad High Court has delivered an important order addressing the balance between the protection granted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and the need to prevent its misuse. While granting bail to two accused in a rape case, the Court underscored that the Act’s victim-centric provisions must not be abused. CASE BACKGROUND: NINE-YEAR DELAY IN FIR In the case before the Allahabad High Court, Justice Anil Kumar heard the bail applications of two appellants, Aznan Khan and Furkan Ilahi, accused of rape and offences under the SC/ST Act. The victim lodged an FIR in 2025 alleging offences that occurred in 2016. According to her statement, Furkan met her in 2016, took her to a hotel and then to the residence of co-accused Aznan Khan, where the alleged assault occurred. She stated that she remained silent for nearly nine years based on Furkan’s assurance that he would marry her. She further alleged continued physical r...

Supreme Court May Frame Sensitivity Norms for Courts Handling Sexual Assault Cases

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The Supreme Court of India has expressed serious concern over the lack of sensitivity shown by several courts in cases involving sexual assault victims. Taking suo motu cognisance of an “insensitive and inhuman” judgment of the Allahabad High Court from March 2024, the Supreme Court has indicated that it may introduce comprehensive, gender-sensitive procedural guidelines applicable across all courts in the country. Background: Allahabad High Court’s Controversial March 17 Judgment The controversy began with a March 17 ruling of the Allahabad High Court which held that grabbing a minor girl’s breasts, breaking the string of her pyjama, and attempting to drag her under a culvert did not amount to an attempt to rape. The High Court downgraded the charge from attempt to rape to Section 354B IPC and certain POCSO provisions, claiming that the act had not progressed sufficiently to constitute an attempt. The Supreme Court immediately suspended this ruling, calling it “unfortunate”, “inse...

Delhi High Court Transfers 2017 Death Case to CBI: Strong Remarks on Delhi Police’s “Myopic” Probe

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The Delhi High Court has delivered a significant ruling in a 2017 unnatural-death case involving a 23-year-old hotel manager, Arnav Duggal. The court sharply criticised the Delhi Police for a “lackadaisical” and “myopic” investigation and transferred the matter to the Central Bureau of Investigation (CBI). This article explains the facts, court’s findings, statutory basis, constitutional principles, and judicial precedents relevant to this case. Background of the Case Death of Arnav Duggal in 2017 Arnav Duggal, aged 23, employed as a manager at a luxury hotel, was found dead in a flat in 2017. The only person present at the time of his death was a woman with whom he was allegedly in a relationship. The Delhi Police, from the very beginning, treated the death as suicide. Petition Filed by the Mother Allegation of Faulty Investigation Arnav’s mother approached the Delhi High Court seeking transfer of the investigation from Delhi Police to the CBI. She argued: The police pre...

High Court Rules: Mere Presence in a Dance Bar Is Not a Crime

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The Bombay High Court has delivered an important ruling that clearly defines the limits of criminal liability under the Maharashtra Obscene Dance Act and the Indian Penal Code. The Court held that simply being present at a dance bar does not automatically make a customer a criminal offender. This judgment significantly reinforces legal safeguards against arbitrary arrests and wrongful criminal prosecution in cases involving dance bar raids. Background of the Case During a police raid conducted on the night of May 4–5, 2024, at Surabhi Palace Bar and Restaurant in Chembur, Mumbai, a total of 11 individuals were detained. These included the bar manager, orchestra artists, women dancers, and multiple customers. The police filed charges alleging that women were performing obscene dances in violation of the Maharashtra Prohibition of Obscene Dance Act, 2016. A customer was also booked under: Section 188 of the Indian Penal Code (IPC) – Disobedience of public order Provisions of ...