Madhya Pradesh High Court Annual Digest 2021 [Compendium Of 100 Orders/Judgments]

As the end of year 2021 is nearing, LiveLaw brings to you a yearly digest of cases of Madhya Pradesh High Court (Jabalpur, Indore and Gwalior Benches). This digest includes 100 orders and judgments, spread across 19 different headsCriminal Law Cases 1. Madhya Pradesh High Court Issues Directions For Registration Of FIRs In Respect Of Economic Offences [Rajendra Singh Pawar & Ors. v. State of MP & Ors.] Noting that a number of petitions are filed before High Court as Police does not take any decision on a complaint made by a party regarding economic offences, a Single Bench of Justice Vishal Dhagat issued directions to the Police authorities in the State, to make sure that the complaints/ first information reports filed in respect of economic offences are disposed of properly. 2. Accused Entitled To Seek Bail On Sole Ground Of Arrest Violating 'Arnesh Kumar' Guidelines : Madhya Pradesh High Court [In reference suo moto v. State of Madhya Pradesh & Ors.] Days after it observed that the need of the hour is to immediately decongest jails, a Division Bench of Chief Justice Mohammad Rafiq and Justice Atul Sreedharan directed the High-Powered Committee to consider the suggestions received by it and make its recommendation regarding the release of prisoners. During the hearing, the Bench was informed that despite direction issued by the Supreme Court in Arnesh Kumar v. State of Bihar and another (2014) 8 SCC 273, the police in the State was not following the guidelines. The Court then directed the Director-General of Police to immediately issue fresh direction to all the Police Stations in the State to adhere to the guidelines issued by the Supreme Court in Arnesh Kumar in letter and spirit. 3. "He Is 18-Yr-Old Young Boy; Chance Be Given To Him For Course Correction": MP High Court Grants Bail To Rape Accused [Brijesh Vs. State of M.P.] The Gwalior Bench granted bail to an 18-year-old rape accused taking into account his age and stressing that a chance be given to him for course correction. The Bench of Justice Anand Pathak was hearing the plea of an 18-year-old man accused of committing offence punishable under Sections 363 (Punishment for kidnapping), 376(2)(n) (repeated rape on the same woman), 342 (Punishment for wrongful confinement) and 323 (Punishment for voluntarily causing hurt) of IPC and Section 5/6 of POCSO Act. 4. Physical Relationship With Minor Wife Comes Within Category Of Rape: Madhya Pradesh High Court Denies Bail To Husband [Ajay Jatav Vs. State of MP& Anr.] The Madhya Pradesh High Court (Gwalior Bench) recently denied bail to a man who has been accused of establishing a physical relationship with his 'wife' who was below the age of 18 at the time of the commission of the alleged offence and thereby booked for committing rape. The Bench of Justice G. S. Ahluwalia noted that in the case of Independent Thought Vs. Union of India and another reported in (2017) 10 SCC 800, the Supreme Court had read down the provision of exception 2 to Section 375 of IPC and had held that physical relationship with a minor wife, i.e., below the age of 18 years would also come within the category of rape. 5. Will Aid In Early Disposal Of Criminal Trials: Madhya Pradesh High Court Approves Establishment Of National Forensics Science University [Bharat Jatav v. The State of Madhya Pradesh & Ors.] The Gwalior Bench of the Madhya Pradesh High Court has approved and ratified the sub-committee's recommendations for the establishment of the National Forensics Sciences University [NFSU]. Justice Anand Pathak observed that it is expected that the move will aid in the early disposal of criminal trials which are long pending due to delays in preparation of DNA reports, etc. 6. Road Accident- Court Shouldn't Award Flea-Bite Sentence For Offence U/S 304-A IPC By Showing Undue Sympathy: MP High Court [Devendra Valmiki Vs. State of M.P.] Dismissing the criminal revision plea of a convict who hit a bike in a rash and negligent manner thereby causing the death of two persons, the Madhya Pradesh High Court last week noted that the court should not award a flea-bite sentence for offence under Section 304-A of IPC by showing undue sympathy. This assertion came from the bench of Justice G. S. Ahluwalia that observed that the convict wasn't even eligible for a reduction of the jail sentence as two persons lost their lives due to the applicant/convict, who was solely negligent in causing the accident by hitting the motorcycle by coming from the wrong direction. Also Read: Madhya Pradesh High Court Launches Special Drive To Dispose Old Pending Cases 7. "Can Accused Avail Remedy Of Section 156(3) CrPC To Raise Grievance Of Improper/Delayed Investigation?": MP High Court To Decide [Kishanvihari Sharma @ Satya Vs The State Of Madhya Pradesh And Others] The Madhya Pradesh High Court sought the assistance of the Bar and...

Madhya Pradesh High Court Annual Digest 2021 [Compendium Of 100 Orders/Judgments]

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