Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of the petitioner for pre-arrest bail. S. Senthil Kumar v. State of Tamil Nadu, 2022 LiveLaw (SC) 314Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the written complaint was indeed filed by the appellant on 10.07.2012, well within the period of limitation of 3 years with reference to the date of commission of offence i.e., 04.10.2009 - Rejected the contention that Sarah Mathew's case requires reconsideration on the ground that some of the factors related with Chapter XXXVI CrPC have not been considered. Amritlal v. Shantilal Soni, 2022 LiveLaw (SC) 248 Code of Criminal Procedure, 1973 - Section 173 - Magistrate to have due regard to both the reports, the initial report which was submitted under Section 173(2) as well as the supplementary report which was submitted after further investigation in terms of Section 173(8). It is thereafter that the Magistrate would have to take a considered view in accordance with law as to whether there is ground for presuming that the persons named as accused have committed an offence. Luckose Zachariah @ Zak Nedumchira Luke v. Joseph Joseph, 2022 LiveLaw (SC) 230 Code of Criminal Procedure, 1973 - Section 436 - 439 - Bail - Grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters. More heinous the crime, greater is the chance of rejection of bail, though the exercise also depends on the factual matrix of the matter - The Court, amongst others, must consider the prima facie view of whether the accused has committed the offence, nature of the offence, gravity, likelihood of the accused obstructing in any manner or evading the process of justice. Grant of bail draws an appropriate balance between public interest in the administration of justice and protection of individual liberty in a criminal case. The prima facie examination is on the basis of analysis of the record, and should not be confused with examination in detail of the evidence on record to come to a conclusive finding. Jameel Ahmad v. Mohammed Umair Mohammad Haroon, 2022 LiveLaw (SC) 222 Code of Criminal Procedure, 1973; Chapter VIII - Powers of the Executive Magistrate to take bond for maintaining security and for keeping the peace and good behaviour by the citizens - Procedure explained. (Para 7) Devadassan v. Second Class Executive Magistrate, 2022 LiveLaw (SC) 260 Code of Criminal Procedure, 1973; Section 122 - Appeal against High Court judgment which affirmed order passed against appellant by an Executive Magistrate under Section 122(1)(b) CrPC - Dismissed - The order passed by is after following the procedure, so prescribed and affording due opportunity to the appellant. Devadassan v. Second Class Executive Magistrate, 2022 LiveLaw (SC) 260 Code of Criminal Procedure, 1973; Section 154 - There can be no second FIR where the information concerns the same cognisable offence alleged in the first FIR or the same occurrence or incident which gives rise to one or more cognizable offences - Once an FIR has been recorded, any information received after the commencement of investigation cannot form the basis of a second FIR - Barring situations in which a counter case is filed, a fresh investigation or a second FIR on the basis of the same or connected cognizable offence would constitute an "abuse of the statutory power of investigation". (Para 12) Vijay Kumar Ghai v. State of West Bengal, 2022 LiveLaw (SC) 305 Code of Criminal Procedure, 1973; Section 188 - The Section gets attracted when the entirety of the offence is committed outside India; and the grant of sanction would enable such offence to be enquired into or tried in India - When a part of the offence was definitely committed on the soil of this country, going by the normal principles the offence could be looked into and tried by Indian courts - If the offence was not committed in its entirety, outside India, the matter would not come within the scope of Section 188 of the Code and there is no necessity of any sanction as mandated by the proviso to Section 188. (Para 13, 14) Sartaj Khan v. State of Uttarakhand, 2022 LiveLaw (SC) 321 Code of Criminal Procedure, 1973; Section 190(1)(b) -...

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022

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