Denying Premature Release By Citing Crime For Which Accused Already Punished Is Double Jeopardy, Good Behaviour Should Be Considered: P&H High Court

The Punjab and Haryana High Court has held that citing the crime for which an accused is already punished for denying premature release would amount to "double jeopardy."Justice Harpreet Singh Brar said, "It appears that certain petitioners were denied premature release on the ground that they were likely to be a threat to the society. However, the reasons for concluding this are...

[S.498A IPC] Non-Recovery Of Dowry Articles Cannot Be Only Ground For Denying Anticipatory Bail To Husband: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that non-recovery of dowry articles cannot ordinarily be the only grounds for declining a plea for grant of anticipatory bail to a husband or his relatives, accused of cruelty.These observations came in a plea by the husband who was seeking anticipatory bail for the offenses of allegedly committing cruelty upon his wife under Sections 406, 498-A...

Being Detained While Pregnant May Negatively Impact Mother, Unborn Child: Punjab & Haryana High Court Grants Interim Bail To Murder Accused

The Punjab & Haryana High Court has granted interim bail for three months, to an eight-month pregnant woman accused in a murder case observing that being detained while pregnant may lead to heightened stress levels, which can negatively impact both the mother and the unborn child.Justice Harkesh Manuja said, "Detention facilities might not be equipped to provide the necessary medical care...

Brazen Misuse Of Provisions: P&H High Court Pulls Up Panchayat For Arbitrary Demolition Of Village Properties In Violation Of Court's Orders

The Punjab & Haryana High Court has pulled up the Panchayat and Sarpanch of certain villages, for "arbitrary demolition of structures" in violation of High Court's ruling on guidelines on Gram Panchayat's authority on initiating demolition proceedings.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "In consequence for obviating the further perpetuation of...

Supreme Court Collegium Recommends Appointment Of 10 Punjab & Haryana High Court Additional Judges As Permanent Judges

The Supreme Court Collegium has recommended the appointment of the ten additional judges of the Punjab & Haryana High Court, as permanent judges.Following are the judges whose names are recommended:(i) Justice Kuldeep Tiwari,(ii) Justice Gurbir Singh,(iii) Justice Deepak Gupta,(iv) Justice Amarjot Bhatti,(v) Justice Ritu Tagore,(vi) Justice Manisha Batra.(Vii) Justice Harpreet...

Farmers Protest | "Efforts Should Be Made To Solve The Problem, States Should Identify Areas To Protest": Punjab & Haryana High Court

Amid the ongoing protest by farmers who are statedly marching towards Delhi in demand of a law guaranteeing MSP, the Punjab and Haryana High Court today called for an amicable settlement between the parties.A division bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji also asked the State governments to determine protest sites until then. Notices have been issued to...

Farmers' Protest: PIL Seeks Immediate Action Against Alleged Roadblocked By Protesters In Punjab, Haryana

A PIL has been filed in the Punjab and Haryana High Court seeking directions to States, Union to ensure that all the National and State Highways and railway tracks falling in the State of Punjab and Haryana are not blocked by the farmer's protest and immediate action be taken against the said agitators, as per the provisions of National Highway Act, 1956.Arvind Seth, a lawyer by profession,...

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background

The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown on the account of the fact that the accused...

'Animals Have Right To Dignity, Bodily Integrity': Punjab & Haryana High Court Refuses To Quash FIR For Killing Buffaloes By Rash Driving

The Punjab and Haryana High Court has refused to quash an FIR on the basis of compromise, lodged for killing and injuring buffaloes by rash and negligence driving, observing that animals require self-determination and have "right to bodily integrity, honour and dignity."Justice Harsh Bunger opined that, "animals may be mute but we as a society have to speak on their behalf and no pain or...

Farmers' Protest: Plea In Punjab & Haryana High Court Challenges Internet Suspension, Border Sealing In Haryana

A petition has been filed before the Punjab and Haryana High Court challenging the "obstructive actions" of the Central and State governments, including sealing of border between Haryana and Punjab in order to "prevent the farmers from exercising their constitutional right to assembly and protest peacefully."The plea also questions the suspension of mobile internet services and bulk SMS...

50 Important Judgments Of Punjab & Haryana High Court: 2023

50 Important Judgements Of Punjab & Haryana High Court- 20231.Give Two Separate Dates For Publication Of Proclamation U/S 82 CrPC & For Appearance Of Accused 30 Days Thereafter: P&H High Court To MagistratesCase Title: Jagjit Singh @ Jaggi v. State of PunjabCitation: 2023 LiveLaw (PH) 2In an attempt to prevent violation of Section 82 of the CrPC dealing with issuance...

Prolonged Custody Can't Be Only Consideration For Bail: Punjab & Haryana High Court Illustrates Mitigating Factors For Bail In NDPS Cases

The Punjab & Haryana High Court has made it clear that the prolonged custody of an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) cannot be the "solitary consideration" for granting bail.Justice Pankaj Jain said, "...prolonged custody of an accused in delayed trial is definitely one of the primary considerations while considering bail plea but the...