Supreme Court Monthly Criminal Digest- January 2023

SUBJECT WISE INDEXBailSupreme 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 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) 61Process 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) 47Excessive conditions cannot be imposed while granting bail / suspension of sentence. Guddan @ Roop Narayan v. State of Rajasthan, 2023 LiveLaw (SC) 45ChequeSection 138 NI Act - Accused relies on income tax returns to show complainant did not have financial capacity; Supreme Court affirms acquittal. Rajaram Sriramulu Naidu v. Maruthachalam, 2023 LiveLaw (SC) 46Criminal LawSection 482 Cr.P.C. | Pendency of suit concealed, cloak of criminal offence given to civil dispute: Supreme Court quashes criminal proceedings. Usha Chakraborty v. State of West Bengal, 2023 LiveLaw (SC) 67Criminal Investigation - A defective investigation is not always fatal to the prosecution where ocular testimony is found credible and cogent. While in such a case the court has to be circumspect in evaluating the evidence, a faulty investigation cannot in all cases be a determinative factor to throw out a credible prosecution version -Non-examination of the Investigating Officer must result in prejudice to the accused; if no prejudice is caused, mere non-examination would not render the prosecution case fatal - Though mere defects in the investigative process by itself cannot constitute ground for acquittal, it is the legal obligation of the Court to examine carefully in each case the prosecution evidence de hors the lapses committed by the Investigating Officer to find out whether the evidence brought on record is at all reliable and whether such lapses affect the object of finding out the truth. (Para 28, 42) Munna Lal v. State of Uttar Pradesh, 2023 LiveLaw (SC) 60Criminal Trial - The circumstance that most of the witnesses were related to the deceased does not per se exclude their testimony. (Para 14) Prasad Pradhan v. State of Chhattisgarh, 2023 LiveLaw (SC) 59Chargesheets not 'public documents', Can't direct investigating agencies to upload them on websites. Saurav Das v. Union of India, 2023 LiveLaw (SC) 52Chargesheets - Supreme Court refuses to direct that chargesheets filed by investigating agencies should be uploaded on a public website for public access- Court says that the directions in Youth Bar Association of India vs Union of India (2016) 9 SCC 473 regarding uploading of FIR cannot be extended to chargesheets - Court directed the copies of the FIRs to be published within 24 hours on the police websites or on the websites of the State Government, looking to the interest of the accused and so that innocent accused are not harassed and they are able to get the relief from the competent court and they are not taken by surprise. Therefore, the directions issued by this Court are in favour of the accused, which cannot be stretch to the public at large so far as the chargesheets are concerned. (Para 4.1) Saurav Das v. Union of India, 2023 LiveLaw (SC) 52Default bail can be cancelled on merits after presentation of chargesheet. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37View that default bail cannot be cancelled on merits will reward lethargic investigation. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37Grant of Remission - Presiding Judge should give adequate reasons while giving opinion under Section 432(2) Cr.P.C. Jaswant Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 33'Reasonable time should be given for investigation': SC sets aside madras HC order quashing FIR against youtuber Maridhas in 4 days. State represented by the Inspector of Police v. Maridass, 2023 LiveLaw (SC) 25Supreme Court takes exception to Madras High Court quashing an FIR in four days without giving adequate time for investigation. State represented by the Inspector of Police v. Maridass, 2023 LiveLaw (SC) 25"Private civil dispute converted to criminal proceedings": Supreme Court quashes complaint alleging offence under SC-ST (prevention of Atrocities) Act. B. Venkateswaran v. P. Bakthavatchalam, 2023 LiveLaw (SC) 14Magistrate Must Examine If Complaint Constitutes Only A Civil Wrong Before Summoning Accused. Deepak Gaba v. State of Uttar Pradesh, 2023 LiveLaw (SC) 3"Burden to prove mental incapacity is on the defence": Supreme Court upholds conviction of man accused of killing his two sons. Prem Singh v. State of NCT of Delhi, 2023 LiveLaw (SC) 2DowryCriminal proceedings for dowry demand cannot be...

Supreme Court Monthly Criminal Digest- January 2023

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