Criminal Appeal 871 of 2021 Dated 30.08.2022
- Main points and insights:
- The appeal, filed by the State of Chhattisgarh, was dismissed, and the convictions were upheld. The court found no merit in the arguments challenging the conviction or sentence Narendrabhai Dhirajlal Kacha VS State Of Gujarat - Gujarat, Paras 24, 26, 27.
- The case reflects the judiciary's stance on maintaining the integrity of the criminal process, emphasizing that pre-trial dismissals or procedural shortcuts can cause grave consequences, and such appeals are unlikely to succeed if convictions are properly supported by evidence Narendrabhai Dhirajlal Kacha VS State Of Gujarat - Gujarat, Paras 16, 17.
- The decision aligns with precedents that uphold the trial court's findings unless there is a clear legal error or miscarriage, which was not established here Abdul Kadir S/o Abdul Matin VS State of Assam Represented by the PP - Gauhati, Paras 21, 25, 29, 30.
- Analysis and conclusion:
- The appellate court upheld the trial court's verdict, reinforcing the principle that criminal appeals challenging convictions require substantial grounds, and mere procedural objections without merit are insufficient. The appeal was dismissed, and the convictions remained intact, affirming the judiciary's commitment to uphold criminal justice integrity Narendrabhai Dhirajlal Kacha VS State Of Gujarat - Gujarat.
Additional Relevant Insights from Sources:
- The court's approach to interim custody of seized cattle indicates that there is no absolute bar to granting custody to owners during ongoing proceedings, emphasizing judicial discretion based on case specifics Abdul Kadir S/o Abdul Matin VS State of Assam Represented by the PP - Gauhati.
- Cases involving procedural delays, such as those caused by COVID-19, recognize the exemption of certain periods from limitation calculations, ensuring fair adjudication despite extraordinary circumstances Kishan Swaroop Sharma VS Amitabh Chatterjee - Delhi.
- Discrimination in employment related to candidates with criminal records has been scrutinized, with appeals allowing discharge orders where discrimination was found Kamal Debnath S/o Khitish Debnath vs State Of Assam A - Gauhati.
- The issuance of Look-Out Circulars follows specific procedural guidelines, with recent reviews ensuring no lapses in issuance processes Dr Venkata Ramana Rao Maganti vs UCO Bank and others - Telangana.
Summary:
The Criminal Appeal 871 of 2021 was dismissed with convictions upheld, emphasizing the importance of evidence-based judgments and procedural correctness. The judiciary maintains a strict stance against unwarranted appeals that threaten to undermine the criminal justice process, while also recognizing procedural nuances such as interim custody and pandemic-related delays.
(Paras 24, 26, and 27) ... ... Result: Appeals dismissed; convictions upheld. ... State of Chhatisgarh , Criminal Appeal No.871 of 2021 dated 30.08.2022; (4) Neeraj Dutta Vs. State (Govt. of NCT of Delhi) reported in AIR 2023 SC 330; 14.4 In the case of C. ... State of Gujarat reported in (2022) SCC Online Guj 271;(2) Azad @ Gourav Vs. State of GMCT of Delhi and another rendered in Criminal #H....
Sections 11(5) and 11(7), to determine the interim custody of seized cattle during the pendency of criminal proceedings. ... The court held that there is no absolute bar in giving interim custody of seized cattle to its owner during the criminal proceeding ... , and whether the petitioner could be granted interim custody of the seized cattle during the pendency of the criminal proceedings ... Appeal No. 14/2022, whereby the order dated 20.08.2022, pa....
(Paras 21, 25, 29, 30) ... ... Facts of the case: ... The ... (Paras 21, 25, 29, 30) ... ... Result: Petition dismissed ... State (Govt. of NCT of Delhi)", 2022 (2) Recent Criminal Report (871). Relevant paragraphs 16 & 17 therefrom are reproduced hereunder:- "16. ... If this is allowed, the accused may be given an un-merited advantage in the criminal process. ... The consequences of scuttling the criminal process at a pre-trial stage can be grave and irreparab....
(Paras 12-14) ... ... Facts of the case: ... The respondent filed a criminal complaint for dishonoured ... Neeta Bhalla, 2007(2) RCR (Criminal) 126 : 2007(1) R.A.J. 871 : [2007(3) SCALE 245]. 16. ... The complaint dated 13.09.2018 (Annexure P-1), the summoning order dated 13.09.2018 (Annexure P-2) and the order dated 20.08.2022 (Annexure P-4) are under challenge in the instant petition. ... Amar Syamprasad Mishra & Anr. 2021(2) ....
... ... Result: Appeal allowed; Appellant granted bail. ... xxvi) On 5th September, 2022, trial Court rejected Bail Application of the Appellant. xxvii) Appellant filed Criminal Appeal No.33 of 2023, challenging Order dated 5th September, 2022 of the learned Special Judge. ... xxv) On 26th April, 2022, this Court rejected the Criminal Writ Petition No.3116 of 2021 filed by the Appellant for keeping him under house arrest till the....
The period between 15th March 2020 to 28th February 2022 was exempted, affecting the computation of the limitation period. ... COVID-19 pandemic and the orders issued by the Hon'ble Supreme Court exempting the period between 15th March 2020 to 28th February 2022 ... COVID-19 pandemic and the orders issued by the Hon'ble Supreme Court exempting the period between 15th March 2020 to 28th February 2022 ... The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 0....
Section 319 of CrPC - In light of reasons rendered (supra), other petitions which challenge an identical order passed in different criminal ... The Accused submit that the legality of the said Order has been questioned by the MCA before the NCLAT, Chennai Bench in Company Appeal (AT) (CH) no.39/40/41 of 2021. 5. ... For the sake of convenience facts pertaining to Criminal Petition No.8421 of 2022 are narrated. 2. ... The petitioner is before this Court calling in question order dated #....
116, 131) ... ... (C) Discrimination amongst candidates - Selective discharge of candidates with criminal ... (Paras 7, 140, 142) (E) ... ... Result: Appeals allowed; discharge orders ... petitions, they have filed a common appeal, being WA 333/2021.Accordingly, 47 appeals have heard together. ... /2020, 219/2021, 93/2022, 185/2020, 96/2022, 180/2020, 85/2021, 139/2020, 22/2023, 14/2022, 154/2020, and 279/#HL_S....
Result : Appeal allowed. ... (Para 93) Facts of the case: Present civil appeal challenges an order of National Consumer ... He complains of reduced mobility; IAF itself has characterised his disability, though assigned it a figure of 30% disability; that ... Arunachalam, 1980 (2) SCR 873 the jurisdiction of the court, to entertain a criminal appeal by the informant, where the accused was acquitted, and no appeal had been entertained by the state (without any statutory basis or locus ....
(A) Office Memorandum dated 22.02.2021 - Look-Out Circular (LOC) guidelines - Issuance of Look-Out Circulars against petitioners ... (Paras 6, 12, 18, 24, 30) ... ... (B) Issuance ... As per the Office Memorandum dated 22-02-2021 review was made on 25-08-2022 therefore there are no procedural and even technical lapses in making request for issuance of LOC. ... Special Leave to Appeal ©No.7733 of 2022 5. 2022 SCC ....
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