Onerous Bail Conditions Amount To 'Granting Bail With One Hand And Taking It Away With Other': Jharkhand High Court

The Jharkhand High Court has observed that imposing an inherently onerous or incapable-of-compliance condition while granting bail would amount to “granting bail with one hand and taking it away with the other.”A Single Judge Bench of Justice Sanjay Kumar Dwivedi made the observation while considering a petition seeking modification of a 2014 anticipatory bail order which required...

Former Congress Minister Yogendra Sao Acquitted In NTPC Protest Case; Jharkhand High Court Finds No Evidence Of Assault Or Instigation

The Jharkhand High Court has acquitted former Congress minister and MLA Yogendra Sao in a criminal case arising from a 2010 protest during the inauguration of an NTPC project office in Hazaribag, after finding that there was no specific evidence that he had assaulted anyone or instigated the gathering.A Single Judge Bench of Justice Pradeep Kumar Srivastava set aside the concurrent findings...

Jail Manual Rules Govern Disciplinary Action, Cannot Be Used To Prove Criminal Charge: Jharkhand High Court

The Jharkhand High Court has held that responsibilities fixed upon jail officials under the Jail Manual may be relevant for disciplinary action or dereliction of duty, but cannot be used to prove a criminal charge, which must be determined on the basis of the ingredients of the offence under the penal statute.A Single Judge Bench of Justice Pradeep Kumar Srivastava made the observation...

Criminal Summons Cannot Be Issued Against A 'Designation' Without Naming Person Holding It: Jharkhand High Court

The Jharkhand High Court has held that summons in a criminal case cannot be issued against a post or designation without mentioning the name of the person holding that post.A Single Judge Bench of Justice Anil Kumar Choudhary observed that a post is not a juristic person and quashed criminal proceedings against two petitioners who had been summoned merely by their posts.The Court was hearing...

Jharkhand High Court Closes Suo Motu Case Over 2022 Latehar Court Attack; Calls For Security Cover For Judicial Officers

The Jharkhand High Court has disposed of a suo motu PIL initiated after the 2022 attack and vandalism at the Latehar Civil Court, while observing that a comparable level of personal security should be ensured for judicial officers serving across all districts of the State.A Division Bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar observed that there was no reason for the...

S.498A IPC Does Not Require Demand Of 'Dowry'; Any Unlawful Demand For Property Or Valuables Is Covered: Jharkhand High Court

The Jharkhand High Court has held that an offence under Section 498A of the Indian Penal Code does not require an allegation of demand for “dowry”, and that harassment to coerce a woman to meet any unlawful demand for property or valuable security can constitute cruelty under the provision.A Single Judge Bench of Justice Pradeep Kumar Srivastava made the observation while setting aside...

Regular Appointment Can't Be Terminated Without Due Process: Jharkhand High Court While Staying Cancellation Of Recruitments Via JPSC Exams

While staying Jharkhand government's orders cancelling recruitments made through 11th to 13th Jharkhand Public Service Commission Exams, the High Court High Court prima facie observed that regular appointments cannot be disturbed or terminated without following the principles of natural justice.The Court made the observation while staying a notification cancelling the recruitment of Food...

Jharkhand High Court Extends Continuation Benefit Under SC Orders To Consumer Commission Members Who Retired Before May 21, 2025

The Jharkhand High Court has modified a State Government notification which restricted the benefit of continuation in office under the Supreme Court's Manendra Bhaskar Limaye ruling to Presidents and Members of Consumer Commissions who retired on or after May 21, 2025.A Single Judge Bench of Justice Deepak Roshan held that the Supreme Court's directions did not restrict the benefit...

Insistence On Prior Complaint Or Documentary Proof Of Injury To Establish Matrimonial Cruelty “Absurd”: Jharkhand High Court

The Jharkhand High Court has observed that insisting on a prior police complaint regarding assault and torture, or documentary proof of injuries, to establish matrimonial cruelty is “absolutely absurd and unwarranted”.A Single Judge Bench of Justice Pradeep Kumar Srivastava made the observation while setting aside an appellate court's decision acquitting a husband of the offence under...

Holding Ambedkar Jayanti Meeting In School Was Not Attempt To Unduly Influence Lok Sabha Polls: Jharkhand High Court Quashes Case

The Jharkhand High Court has held that merely organising a meeting in a school hall to celebrate Ambedkar Jayanti does not amount to undue influence at an election under Section 171F of the IPC.A Single Judge Bench of Justice Anil Kumar Choudhary quashed criminal proceedings against two persons who were booked over a meeting held during the 2024 Lok Sabha elections.The first petitioner was...

Mere Assault On Woman Without Specific Overt Act Towards Commission Of Rape, Is Not Attempt To Rape: Jharkhand High Court

The Jharkhand High Court has held that an assault on a woman, in the absence of any specific overt act towards the commission of rape, would not by itself constitute an attempt to rape.A Single Judge Bench of Justice Pradeep Kumar Srivastava altered the conviction of a man from attempt to rape under Sections 376/511 of the Indian Penal Code to the offence of outraging the modesty of a woman...

Caste Certificate Issued In Husband's Name Cannot Impact Reservation Benefit When Error Was Committed By State: Jharkhand High Court

The Jharkhand High Court has directed the Jharkhand Public Service Commission (JPSC) to reconsider the candidature of a woman whose selection for the State Civil Services was rejected because the caste certificate uploaded by her had been issued on the basis of her husband's name.A Single Judge Bench of Justice Deepak Roshan held that the candidate could not be made to suffer for an...