Supreme Court Criminal Digest: June 2022

Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness. Saud Faisal v. State of Uttar Pradesh, 2022 LiveLaw (SC) 556 Code of Criminal Procedure 1973; Section 482 - While exercising jurisdiction under Section 482 of the Cr.P.C., the High Court should not ordinarily embark upon an enquiry into whether there is reliable evidence or not. The jurisdiction has to be exercised sparingly, carefully and with caution only when such exercise is justified by the specific provisions of Section 482 of the Cr.P.C. itself. Jagmohan Singh v. Vimlesh Kumar, 2022 LiveLaw (SC) 546 Code of Criminal Procedure 1978; Section 438 - Anticipatory Bail - Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest - Posting an application for anticipatory bail after a couple of months cannot be appreciated - Matter involves personal liberty. Sanjay v. State (NCT of Delhi), 2022 LiveLaw (SC) 555 Code of Criminal Procedure, 1973; Section 220(1) - trial for more than one offence - if in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence - it is not possible to enunciate any comprehensive formula of universal application for the purpose of determining whether two or more acts constitute the same transaction - the circumstances of a given case indicating proximity of time, unity or proximity of place, continuity of action and community of purpose or design are the factors for deciding whether certain acts form parts of the same transaction or not - a series of acts whether are so connected together as to form the same transaction is purely a question of fact to be decided on the aforesaid criteria. - for several offences to be part of the same transaction, the test which has to be applied is whether they are so related to one another in point of purpose or of cause and effect, or as principal and subsidiary, so as to result in one continuous action. [Para 20.1 - 20.3] Ms. P XXX v. State of Uttarakhand, 2022 LiveLaw (SC) 554 Constitution of India, 1950; Article 20(2) - Code of Criminal Procedure, 1973; Section 300 - Principle of Double Jeopardy - The accused-respondent No. 2 having gone through the trial in relation to offences under Sections 504 and 506 IPC and having been acquitted, cannot be subjected to another trial for the same charges on the same facts. Any such process would be in blatant disregard of the settled principles which disapprove double jeopardy and are precisely contained in Article 20(2) of the Constitution of India as also Section 300 of the Code of Criminal Procedure, 1973. Ms. P XXX v. State of Uttarakhand, 2022 LiveLaw (SC) 554 Constitution of India, 1950; Article 22 - Preventive Detention - the powers to be exercised under this law are exceptional powers which have been given to the government for its exercise in an exceptional situation -A law and order situation can be dealt with under the ordinary law of land. (Para 12 & 13) Shaik Nazneen v. State of Telangana, 2022 LiveLaw (SC) 559 Constitution of India, 1950; Article 356 - Breakdown of Constitutional machinery - Law & Order - Gujarat Riots case - Breakdown of law-and-order situation if for short duration,cannot partake the colour of breakdown of rule of law or constitutional crisis. To put it differently, misgovernance or failure to maintain law-and-order during a brief period may not be a case of failure of constitutional machinery in the context of tenets embodied in Article 356 of the Constitution-There must be credible evidence regarding State sponsored breakdown of law-and-order situation; not spontaneous or isolated instances or events of failure of State administration to control the situation. (Para 45) Zakia Ahsan Jafri v. State of Gujarat, 2022 LiveLaw (SC) 558 Control of Terrorism and Organized Crime Act, 2015 (Gujarat) - To invoke this Act in respect of such an activity more than one charge-sheet must have been filed before a competent Court in the preceding ten years- Bail granted to accused as only one chargesheet has been filed against him. Mohamad Iliyas Mohamad Bilal Kapadiya v. State of Gujarat, 2022 LiveLaw (SC) 538 Criminal Trial - Motive - Only because the motive is established, the conviction cannot be sustained. (Para 23) Mahendra Singh v. State of M.P., 2022 LiveLaw (SC) 543 Criminal Trial - The same treatment is required to be given to the defence witness(es) as is to be given to the prosecution witness(es). (Para 20) Mahendra Singh v. State of M.P., 2022 LiveLaw (SC) 543 Criminal Trial - Witnesses are of three types, viz., (a) wholly reliable; (b) wholly unreliable; and (c) neither wholly...

Supreme Court Criminal Digest: June 2022

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