Supreme Court Criminal Digest January 2024

BailAnticipatory bail cannot be granted merely because the accused is willing to pay an interim compensation. 2024 LiveLaw (SC) 54Bail cannot be cancelled merely due to non-appearance of accused before court. 2024 LiveLaw (SC) 65Cancellation of Bail - Merely because the accused did not appear personally could not have been a ground for cancellation of bail. The parameters for grant of bail and cancellation of bail are totally different. The bail already granted may be cancelled, if it is found that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence. 2024 LiveLaw (SC) 65Delays in the disposal of bail applications - Need for expeditious delivery of judgments - Bail applications should ideally be disposed of within two weeks, and anticipatory bail applications within six weeks. Despite these guidelines, the Court noted persistent delays and directed all courts to strictly adhere to the issued directions. The High Courts were left with the discretion to devise mechanisms for monthly checks on pending cases. (Para 5 – 9) 2024 LiveLaw (SC) 50Personal Liberty - When the petitioner applied for bail on merits and also on the ground that he had been incarcerated in jail for seven and a half years, the approach of the High Court in only permitting him to file an application for bail before the Trial Court/Sessions Court and not deciding the prayer for bail on merits, would amount to non-exercise of jurisdiction vested in it. The approach of the High Court was not in accordance with the sanctity that has been given to personal liberty in the catena of judgments. 2024 LiveLaw (SC) 78Code of Criminal Procedure, 1973A consideration for remission must be by way of an application under Section 432 of the CrPC which has to be made by the convict or on his behalf. In the first instance whether there is compliance of Section 433A of the CrPC must be noted inasmuch as a person serving a life sentence cannot seek remission unless fourteen years of imprisonment has been completed. (Para 55 (b) 2024 LiveLaw (SC) 22The power to transfer an investigation is exercised in extraordinary situations. (Para 32) 2024 LiveLaw (SC) 2Code of Criminal Procedure, 1973; Section 167 and 173 - Once from the material produced along with the chargesheet, the court is satisfied about the commission of an offence and takes cognizance of the offence allegedly committed by the accused, it is immaterial whether the further investigation in terms of Section 173(8) is pending or not. The pendency of the further investigation qua the other accused or for production of some documents not available at the time of filing of chargesheet would neither vitiate the chargesheet, nor would it entitle the accused to claim right to get default bail on the ground that the chargesheet was an incomplete chargesheet or that the chargesheet was not filed in terms of Section 173(2) of Cr.P.C. (Para 23) 2024 LiveLaw (SC) 58Code of Criminal Procedure, 1973; Section 178 (8) - It would be impermissible under the law for a Judicial Magistrate to take cognizance of a supplementary charge-sheet submitted after further investigation if it doesn't contain any fresh oral or documentary evidence, would be impermissible under the law. While submitting the supplementary charge-sheet as a result of an order of further investigation under Section 178 (8) Cr.P.C., the Investigating Officer shall mention new evidence found to substantiate the conclusions drawn by him. Otherwise, such supplementary charge-sheet lacks investigative rigour and fails to satisfy the requisites of Section 173(8) Cr.P.C. The provision for submitting a supplementary report infers that fresh oral or documentary evidence should be obtained rather than reevaluating or reassessing the material already collected and considered by the investigating agency while submitting the initial police report, known as the chargesheet under Section 173(2) CrPC. (Para 26 & 27) 2024 LiveLaw (SC) 53Code of Criminal Procedure, 1973; Section 197 - Fabrication of records cannot be a part of the official duty of a public servant. (Para 25) 2024 LiveLaw (SC) 42Code of Criminal Procedure, 1973; Section 197 Cr.P.C. does not extend its protective cover to every act or omission of a public servant while in service. It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties. (Para 23) 2024 LiveLaw (SC) 42Code of Criminal Procedure, 1973; Section 313 – It is only after the prosecution discharges its duty of proving the case beyond all reasonable doubt that the false explanation or non-explanation of the accused could be taken into consideration. (Para 21) 2024 LiveLaw (SC) 60Code of Criminal Procedure, 1973; Section 313 - Statement recorded u/s. 313 CrPC cannot form the sole basis of conviction. Mere omission to take a specific plea by accused when examined u/s 313 CrPC, ...

Supreme Court Criminal Digest January 2024

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