Section 43D(5) and Bail Denial - The court emphasized that under Section 43D(5) of the UAPA, bail can be denied if there are reasonable grounds to believe the accusations are prima facie true, especially in serious cases involving systemic threats such as economic crimes or terrorism. This principle is applicable in cases where allegations are serious and prima facie credible, justifying denial of bail. Vikash Anand, Son of Loknath Ojha VS State of Jharkhand - Jharkhand
Section 66(2) of PMLA and Information Sharing - The judgment highlighted that information sharing under Section 66(2) of the PMLA is pertinent in cases involving money laundering, and bail considerations under Section 438 Cr.P.C. are to be exercised only in exceptional, frivolous cases. This underscores the importance of the gravity of allegations in bail decisions. Mukesh Mittal S/o Late Babu Lal Mittal VS Union of India through Directorate of Enforcement - Jharkhand
Economic Crimes and Systemic Threats - The court underscored the seriousness of economic crimes under statutes like PMLA, necessitating increased scrutiny and often resulting in denial of bail to prevent systemic threats, aligning with principles in Section 73 CrPC related to the gravity of charges. Sunil Yadav, old son of Pashupati Yadav VS Directorate of Enforcement - Jharkhand
Evidence and Procedure in Criminal Trials - Several judgments discussed the admissibility of electronic records, opportunity for cross-examination (Section 164 Cr.P.C.), and the burden of proof. These procedural aspects influence the assessment of evidence in cases similar to those involving serious allegations under Sections 302, 120B IPC, and related statutes, which are often scrutinized under Section 73 CrPC considerations. Amir Singh S/O Late Munna Singh VS State Of Bihar - Patna, NUPUR TALWAR VS STATE OF U. P. - Allahabad
Application of Section 482 Cr.P.C. and Case Management - The courts reiterated that powers under Section 482 Cr.P.C. to quash proceedings should be exercised sparingly, especially in cases involving serious allegations, emphasizing that proceedings should proceed unless there are clear grounds for quashing, which aligns with the cautious approach in cases similar to Sujit Narayan Prasad. Pande Ratneshwari Prasad VS Union of India through Central Bureau of Investigation - Jharkhand, State of Punjab VS Davinder Pal Singh Bhullar - Supreme Court
Sentencing and Appeals under Sections 302 and 374(2) Cr.P.C. - Judgments concerning conviction and sentencing under Sections 302 IPC and related appeals highlight the importance of substantive evidence and procedural safeguards, which are relevant in assessing the gravity of charges under Section 73 CrPC. Michael Dungdung VS State of Bihar - Jharkhand
Judgments in cases similar to Sujit Narayan Prasad consistently emphasize that the gravity of allegations, especially in economic or systemic crimes, significantly influences bail and procedural decisions under Section 73 CrPC. Courts tend to deny bail when prima facie evidence indicates serious offenses, aligning with the principles of protecting the integrity of ongoing investigations and systemic stability. Procedural safeguards, admissibility of evidence, and cautious exercise of jurisdiction under Sections 482 and 73 are critical in ensuring justice while preventing abuse of process in such serious cases.
, particularly Section 43D(5), which prohibits bail if there are reasonable grounds to believe the accusations are prima facie true ... The court noted that the allegations were serious and prima facie true, justifying the denial of bail under Section 43D(5) of the ... Ratio Decidendi: The court reiterated that under Section 43D(5) of the UAPA, bail must be denied if there ... JUDGMENT : Sujit Narayan Prasad, J. Prayer 1. ... 73. ... accused de....
JUDGMENT : SUJIT NARAYAN PRASAD, J. ... Therefore, information related to the same was shared with the Delhi Police under Section 66(2) of the PMLA. ... Section 438 Cr.P.C. is to be invoked only in exceptional cases where the case alleged is frivolous or groundless. Reference may be made to the paragraphs-83 and 84 of the judgment rendered in P. Chidambaram vs. ... ECIR/RNSZO/16/2020 was recorded on 17.09.2020 ba....
(A) Prevention of Money Laundering Act, 2002 - Sections 3 and 4 - Application for bail filed under Section 439 and 440 of the CrPC ... Laundering - Definition and implications - Clarification that 'proceeds of crime' may include property derived from criminal activity related ... establish innocence - Court emphasizes seriousness and systemic threat of economic crimes - Increased scrutiny required in such cases ... JUDGMENT : SUJIT NARAYAN ....
(A) (Indian) Penal Code, 1860—Sections 302 read with Section 34, Section 201 read with Section 34 and Section 203—(Indian) Evidence ... of Section 106—Scope—Extent of—Section 106 of Evidence Act does not affect the onus of proof and throw upon the accused the burden ... Evidence—Admissibility—Electronic record is inadmissible in evidence without the certification as provided under Section 65-B of ... A somewhat similar question was ....
As defence had no opportunity to cross-examine witnesses whose statements are recorded under Section 164 Cr.P.C., such statements ... cannot be treated as substantive evidence – Magistrate is not required to record evidence under Section 164 Cr.P.C. of witness having ... evidence which is required to be judged by court to place credence on the statement – It is also important to see that if witness is a related ... In the case of Narayan Chetanram Chaudhary and another Vs. ... State of....
Indian Penal Code, 1860 – Sections 323/34 – Criminal Procedure Code, 1973 – Section 372 – Grievous hurt ... murder was made by accused persons – In absence of such evidence,Trial Court rightly decided not to convict accused persons under Section ... – Trial Court convicted respondents for a lesser offence under Sections 323/34 of Indian Penal Code in place of charge under Sections ... The judgment rendered in the case of Baso Prasad and Ors. v. ... I....
been filed in the disposed of appeal, the court could have directed to place the said applications before the Bench dealing with similar ... been filed in the disposed of appeal, the court could have directed to place the said applications before the Bench dealing with similar ... Justice X – There could be no justification for the Bench concerned to entertain applications filed under Section 482 Cr.P.C. as ... While dealing with a similar issue, this Court in Srikant v. ... Similarly in Mangal #HL_STAR....
Section 362 ¯ Review/Alter judgment ¯ The criminal justice delivery system does not clothe the court to ... been filed in the disposed of appeal, the court could have directed to place the said applications before the Bench dealing with similar ... been filed in the disposed of appeal, the court could have directed to place the said applications before the Bench dealing with similar ... While dealing with a similar issue, this Court in Srikant v. ... Similarly in Mangal Prasad Tamoli (....
Indian Penal Code, 1860 – Section 302 – Criminal Procedure Code, 1973 – Section 374(2) – Judgment of conviction ... and order of sentence – Charges framed – Criminal appeal –Appeal has been filed under Section 374(2) of Code of Criminal Procedure ... for life, fine is also mandatory to be inflicted as would appear from Section 302 of Penal Code, 1860 – Dismissed. ... JUDGMENT : SUJIT NARAYAN PRASAD#HL_END....
The court also highlighted that the powers under Section 482 Cr.P.C. to quash proceedings should be exercised sparingly and only ... Ratio Decidendi: The court reiterated that the essence of conspiracy under Section 120B IPC is the agreement ... OF CORRUPTION ACT SECTIONS 13(2), 13(1)(d)] - [The court discussed the provisions of Sections 120B, 420, 467, 468, and 471 of the ... JUDGMENT : SUJIT NARAYAN PRASAD, J. 1. All these petiti....
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