Top Quotes From Top Court : From Supreme Court Judgments [July 3-7]

Disquieting trend of criminal cases for cheating being converted into recovery proceedings 

"A disquieting trend emerging over the years which has gained pace in recent times necessitates this opinion. It has been found by us in multiple cases in the past several months that upon First Information Reports being lodged inter alia under section 420 of the Indian Penal Code, 1860 (“the IPC”, hereafter), judicial proceedings initiated bypersons, accused of cheating, to obtain orders under Section 438 of the Code of Criminal Procedure, 1973 (“the Cr. PC”, hereafter) are unwittingly being transformed into processes for recovery of the quantum of money allegedly cheated and the courts driven to impose conditions for deposit/payment as pre-requisite for grant of pre-arrest bail. The present case is no different from the others and it is considered appropriate to remind the high courts and the sessions courts not to be unduly swayed by submissions advanced by counsel on behalf of the accused in the nature of undertakings to keep in deposit/repay any amount while seeking bail under section 438 of the Cr. PC. and incorporating a condition in that behalf for deposit/payment as a pre-requisite for grant of bail" - Ramesh Kumar v State NCT of Delhi 2023 LiveLaw (SC) 496 (Justices S Ravindra Bhat and Dipankar Datta, judgment by Justice Datta)

Don't give the impression that bail can be secured by depositing money cheated

"It is considered appropriate to remind the high courts and the sessions courts not to be unduly swayed by submissions advanced by counsel on behalf of the accused in the nature of undertakings to keep in deposit/repay any amount while seeking bail under section 438 of the Cr. PC. and incorporating a condition in that behalf for deposit/payment as a pre-requisite for grant of bail"

"In the context of grant of bail, all such conditions that would facilitate the appearance of the accused before the investigating officer/court, unhindered completion of investigation/trial and safety of the community assume relevance. However, inclusion of a condition for payment of money by the applicant for bail tends to create an impression that bail could be secured by depositing money alleged to have been cheated. That is really not the purpose and intent of the provisions for grant of bail"-- Ramesh Kumar v State NCT of Delhi 2023 LiveLaw (SC) 496 (Justices S Ravindra Bhat and Dipankar Datta, judgment by Justice Datta).

Expeditious trial in terror attack cases needed

"The record reveals it is only on the prodding on the part of the judiciary that the trial could be completed after more than a decade. The delay, be it for whatever reason, attributable to the judge in charge or the prosecution, has certainly compromised national interest.”

"Expeditious trial of such cases is the need of the hour, especially when it concerns national security and the common man. Regrettably, enough vigilance was not displayed by the investigating as well as the judicial authorities. A prominent market in the heart of the capital city is attacked and we may point out that it has not been dealt with the required degree of promptitude and attention. To our great dismay, we are forced to observe that this may be due to the involvement of influential persons which is evident from the fact that out of several accused persons, only few have been put to trial. In our considered view, the matter ought to have been handled with urgency and sensitivity at all levels"- Mohd Naushad v. State (Govt. of NCT of Delhi) 2023 LiveLaw (SC) 508 (Justices BR Gavai, Vikram Nath and Sanjay Karol; judgment by Justice Karol).

State action in contractual realm must abide by Article 14

"State action irrespective of being in the contractual realm must abide by Article 14"- Madras Aluminium Co. Ltd. vs Tamil Nadu Electricity Board | 2023 LiveLaw (SC) 505 (Justices B R Gavai, Sanjay Karol and Aravind Kumar; judgment by Justice Karol).

No discretion for courts to impose less than minimum sentence prescribed under POCSO Act.

"The POCSO Act was enacted to provide more stringent punishments for the offences of child abuse of various kinds and that is why minimum punishments have been prescribed in Sections 4, 6, 8 and 10 of the POCSO Act for various categories of sexual assaults on children. Hence, Section 6, on its plain language, leaves no discretion to the Court and there is no option but to impose the minimum sentence"- State of U P vs Sonu Kushwaha | 2023 LiveLaw (SC) 502 (Justice AS Oka, Rajesh Bindal; judgment by Justice Oka).

Physical disability must be adjudged in reference to the nature of work of the victim

“..any physical disability resulting from an accident has to be judged with reference to the nature of the work being performed by the person who suffered disability. The same injury suffered by two different persons may affect them in different ways. Loss of leg by a farmer or a rickshaw puller may be end of the road as far as his earning capacity is concerned. Whereas, in case of the persons engaged in some kind of desk work in office, loss of leg may have lesser effect"- Sarnam Singh V. Shriram General Insurance 2023 LiveLaw (SC) 498 (Justices AS Oka and Rajesh Bindal; judgment by Justice Oka).

Personal liberty and anticipatory bail

"The relief of Anticipatory Bail is aimed at safeguarding individual rights. While it serves as a crucial tool to prevent the misuse of the power of arrest and protects innocent individuals from harassment, it also presents challenges in maintaining a delicate balance between individual rights and the interests of justice. The tight rope we must walk lies in striking a balance between safeguarding individual rights and protecting public interest. While the right to liberty and presumption of innocence are vital, the court must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation. The court's discretion in weighing these interests in the facts and circumstances of each individual case becomes crucial to ensure a just outcome"- Pratibha Manchanda vs State of Haryana | 2023 LiveLaw (SC) 514 (Justices Surya Kant and CT Ravikumar; judgment by Justice Kant).

On recording the testimony of child witness

"Before recording evidence of a minor, it is the duty of a Judicial Officer to ask preliminary questions to him with a view to ascertain whether the minor can understand the questions put to him and is in a position to give rational answers. The Judge must be satisfied that the minor is able to understand the questions and respond to them and understands the importance of speaking the truth. Therefore, the role of the Judge who records the evidence is very crucial. He has to make a proper preliminary examination of the minor by putting appropriate questions to ascertain whether the minor is capable of understanding the questions put to him and is able to give rational answers. It is advisable to record the preliminary questions and answers so that the Appellate Court can go into the correctness of the opinion of the Trial Court"- Pradeep vs State of Haryana | 2023 LiveLaw (SC) 501 (Justices AS Oka and Rajesh Bindal; judgment by Justice Oka).