Supreme Court Quarterly Criminal Law Digest [Jan – Mar 2023]

Adultery"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) 117Adultery - 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) 117Armed 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) 117BailAll prosecuting agencies / State Governments / UTs should issue directions to the Public Prosecutors so that neither in pleadings nor in arguments, is a stand taken contrary to the legal position enunciated by this Court. The circulation in this behalf should be made through the Director of Prosecution and training programmes be organized to keep on updating the Prosecutors in this behalf. (Para IV) Satendra Kumar Antil v. Central Bureau of Investigation, 2023 LiveLaw (SC) 233Bail & Remand: Supreme Court expresses anguish at trial courts acting in violation of its judgments in Siddharth vs. State of Uttar Pradesh LL 2021 SC 391 & Satender Kumar Antil v. Central Bureau of Investigation & Anr. – 2022 LiveLaw (SC) 577 - We fail to understand why despite these judgments having been circulated, some of the trial Courts are conducting and passing the orders in the teeth of these judgments. It is a matter of concern that these cases thus, keep on coming up to the apex Court unnecessarily. Chandmal v. State of M.P., 2023 LiveLaw (SC) 94'Bail can be cancelled if serious offences are subsequently added to FIR': Supreme Court sets aside bail in 'casting couch' case. Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205Day of remand should be included for considering default bail claim: Supreme Court answers reference. Enforcement Directorate v. Kapil Wadhawan, 2023 LiveLaw (SC) 249Ensure basic essentials such as FIR number, police station are recorded in bail orders: Supreme Court to all High Courts. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206Excessive conditions cannot be imposed while granting bail / suspension of sentence. Guddan @ Roop Narayan v. State of Rajasthan, 2023 LiveLaw (SC) 45If bail bonds are not furnished within one month, Trial Courts may consider suo motu relaxing conditions. In Re Policy Strategy for Grant of Bail, 2023 LiveLaw (SC) 76Interim victim compensation cannot be imposed as a condition for bail. Talat Sanvi v. State of Jharkhand, 2023 LiveLaw (SC) 83 : (2023) 1 SCR 289'Large number of remand orders passed in violation of law are from Uttar Pradesh': Supreme Court seeks Allahabad HC's intervention. Satendra Kumar Antil v. Central Bureau of Investigation, 2023 LiveLaw (SC) 233Process of criminal law not for money recovery; Bail can be granted irrespective of payment of money involved. Bimla Tiwari v. State of Bihar, 2023 LiveLaw (SC) 47 : (2023) 1 SCR 501Supreme Court disapproves Allahabad HC dismissing several bail applications on the same day for default. Rahul Sharma v. State of Uttar Pradesh, 2023 LiveLaw (SC) 64Supreme Court displeased that Magistrates are passing custody orders in violation of the directions in Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 - It is the duty of the High Courts that it ensures that the subordinate judiciary under their supervision follows the law of the land. If such orders are being passed by some Magistrates it may even require some judicial work to be withdrawn and the magistrate to be sent to judicial academies for upgradation of their skills. (Para ii) Satendra Kumar Antil v. Central Bureau of Investigation, 2023 LiveLaw (SC) 233Supreme Court issues directions to avoid delay in release of prisoners after getting bail. In Re Policy Strategy for Grant of Bail, 2023 LiveLaw (SC) 76Supreme Court overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit Rs. 70 lakhs, the alleged amount of improperly claimed ITC - Centre conceded that such a condition is unsustainable when final assessment has not taken place. Subhash Chauhan v. Union of India, 2023 LiveLaw (SC) 61Supreme Court warns magistrates who don't follow judgments on bail; says they might be taken off from judicial work & sent for training. Satendra Kumar Antil v. Central Bureau of Investigation, 2023 LiveLaw (SC) 233The Supreme Court expresses anguish at Trial Courts acting in violation of its judgments on bail & remand. Chandmal v. State of M.P., 2023 LiveLaw (SC) 94Virtual Hearing - We would normally expect that even in the District Courts, in the Covid period, arrangements would have been made for virtual...

Supreme Court Quarterly Criminal Law Digest [Jan – Mar 2023]

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