The Complete Supreme Court Criminal Law Digest 2023

Abkari ActAbkari Act, 1077; Section 57A- Offence under Section 57A is not limited to the holders of the license under the Act, but refers to anybody who mixes or permits to be mixed any noxious substance, likely to endanger human life with any liquor. (Para 43) Sajeev v. State of Kerala, 2023 LiveLaw (SC) 974 : 2023 INSC 998Abkari Act, 1077; Section 55 - Alcohol as mentioned in Section 55, has been defined under Section 3(10) as any liquid consisting of or made of alcohol. Therefore, Section 55 applies to the transmission of methyl alcohol. (Para 48) Sajeev v. State of Kerala, 2023 LiveLaw (SC) 974 : 2023 INSC 998Abkari Act; Section 8 - The testimonies of official witnesses cannot be discarded simply because independent witnesses were not examined - the person receiving the information of the crime or detecting the occurrence thereof, can investigate the same. Questioning such an investigation on the basis of bias or such like factor, would depend on the facts and circumstances of each case. It is not amenable to a general unqualified rule that lends itself to uniform application. (Para 16-26) Sathyan v. State of Kerala, 2023 LiveLaw (SC) 627 : 2023 INSC 703 : AIR 2023 SC 4627 : (2023) 11 SCR 95Adultery"It is not as if this court approved of adultery": Supreme Court clarifies 'Joseph Shine' judgment that declared Section 497 IPC unconstitutional. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117 : 2023 INSC 87Armed Forces Personnel liable to face disciplinary action for adultery despite striking down of Section 497 IPC. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117 : 2023 INSC 87Adultery - Joseph Shine v. Union of India (2019) 3 SCC 39 - It is not as if this Court approved of adultery. This Court has found that adultery may be a moral wrong (per Hon'ble Ms. Justice Indu Malhotra). This Court has also held that it will continue to be a ground for securing dissolution of marriage. It has also been described as a civil wrong. (Para 23) Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117 : 2023 INSC 87BailBail applications from the same FIR should be listed before one bench : Supreme Court to all High Courts. Rajpal v. State of Rajasthan, 2023 LiveLaw (SC) 1066Bail - Same FIR - Issue of conflicting decisions on bail applications arising from the same FIR, despite earlier directives to list all matters related to one FIR before the same Judge. In light of continued discrepancies across High Courts, the Court directs to communicate the order to all High Courts, emphasizing the importance of uniformity in handling bail applications arising from the same FIR. (Para 3 – 5) Rajpal v. State of Rajasthan, 2023 LiveLaw (SC) 1066Ensure bail applications are listed at the earliest; personal liberty at stake : Supreme Court to all High Courts. Kavish Gupta v. State of Chhattisgarh, 2023 LiveLaw (SC) 1062Section 498A IPC - Bail condition that husband should resume conjugal life with wife can't be imposed. Kunal Choudhary v. State of Jharkhand, 2023 LiveLaw (SC) 1045Mere claim of innocence or undertaking to participate in trial not sufficient reasons to grant bail in serious offences. State of Jharkhand v. Dhananjay Gupta @ Dhananjay Prasad Gupta, 2023 LiveLaw (SC) 1038Once the Court concludes that a person is entitled to bail, granting bail for a limited period is illegal. If an order granting interim bail was to be passed, the bail application should have been kept pending. Manoranjan Rout v. State of Odisha, 2023 LiveLaw (SC) 1028Supreme Court denies anticipatory bail to IPS officer who allegedly got conman to pose as HC Chief Justice to influence corruption probe. Aditya Kumar v. State of Bihar, 2023 LiveLaw (SC) 1013Police must secure transit remand for arrests outside the state to safeguard rights under Article 22. Priya Indoria v. State of Karnataka, 2023 LiveLaw (SC) 996 : 2023 INSC 1008Conditions for transit anticipatory bail in FIRs registered in other states : Supreme Court explains. Priya Indoria v. State of Karnataka, 2023 LiveLaw (SC) 996 : 2023 INSC 1008High Courts, Session Courts can grant interim/transit anticipatory bail even when fir is registered in another state. Priya Indoria v. State of Karnataka, 2023 LiveLaw (SC) 996 : 2023 INSC 1008Can't seek bail merely because the co-accused got bail; to apply parity, the individual role of accused must be seen. Tarun Kumar v. Assistant Director Directorate of Enforcement, 2023 LiveLaw (SC) 995 : 2023 INSC 1006 : AIR 2024 SC 169Section 362 Cr.P.C. bar not applicable to bail orders. Ramadhar Sahu v. State of Madhya Pradesh, 2023 LiveLaw (SC) 945Grant of bail can't be made dependent on surrender of co-accused. Munshi Sah v. State of Bihar, 2023 LiveLaw (SC) 944If trial is delayed for no fault of the accused, Courts must consider grant of bail. Manish Sisodia v. Central Bureau of Investigation, 2023 LiveLaw (SC) 934 : 2023 INSC 956Supreme Court denies bail to former Delhi Dy CM Manish Sisodia in Delhi excise policy scam case; directs to fast track...

The Complete Supreme Court Criminal Law Digest 2023

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