Supreme Court Criminal Digest- March 2023

Bail - All 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 - Day of remand should be included for considering default bail claim: Supreme Court answers reference. Enforcement Directorate v. Kapil Wadhawan, 2023 LiveLaw (SC) 249Bail - Ensure 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) 206Bail - '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) 233Bail - Supreme 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 If such orders are being passed by some Magistrates it may even require some judicial work to be withdrawn and the magistrate to be sent to judicial academies for upgradation of their skills.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) 233Bail - Supreme 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) 233Bail 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) 205Code of Criminal Procedure 1973- Section 438 - Is it necessary to exhaust remedy available in Sessions Court before approaching High Court?- Whether the High Court exercising jurisdiction under Section 438 has discretion not to entertain such an application on the ground that the applicant must first apply to the Court of Sessions - SC to consider. Gauhati High Court Bar Association v. State of Assam, 2023 LiveLaw (SC) 177Code of Criminal Procedure 1973; Section 154 - Principles of natural justice are not applicable at the stage of reporting a criminal offence - Code of Criminal Procedure, 1973 does not provide for right of hearing before the registration of an FIR. (Para 30) State Bank of India v. Rajesh Agarwal, 2023 LiveLaw (SC) 243Code of Criminal Procedure 1973; Section 319 - Power under Section 319 ought to be exercised sparingly and would require much stronger evidence than near probability of the accused person’s complicity. The test elucidated by the Constitution Bench is as under -The test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. Vikas Rathi v. State of U.P., 2023 LiveLaw (SC) 172Code of Criminal Procedure 1973; Section 438 - Supreme Court sets aside anticipatory bail granted to an accused in a 'casting couch' rape case - The nature and gravity of the alleged offence has been disregarded by the HC - So has the financial stature, position and standing of the accused vis-à-vis the appellant/prosecutrix been ignored. (Para 22) Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205Code of Criminal Procedure, 1973 - High Courts should endeavour to ensure that all basic essentials (i.e. FIR No., Date, the concerned police station and the offences allegedly committed etc.) are duly recorded or reflected in the format of the bail orders. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206Code of Criminal Procedure, 1973 – Remand - There seems to be a practice followed by Courts to remand the accused to custody, the moment they appear in response to the summoning order. The correctness of such a practice has to be tested in an appropriate case. (Para 10) Mahdoom Bava v. Central Bureau of Investigation, 2023 LiveLaw (SC) 218Code of Criminal Procedure, 1973 - Transfer of Investigation to CBI - The power to transfer the investigation is an extraordinary power. It is to be used very sparingly and in an exceptional circumstance where the Court on appreciating the facts and circumstance arrives at the conclusion that there is no other option of securing a fair trial without the intervention and investigation by the CBI or such other specialized investigating agency which has the expertise. Royden Harold Buthello v. State of Chhattisgarh, 2023 LiveLaw (SC) 154Code of Criminal Procedure, 1973; Section 154 - Delay...

Supreme Court Criminal Digest- March 2023

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