Case BriefsHigh Courts

Madhya Pradesh High Court: The Bench of S.A. Dharmadhikari, J. allowed the bail application of an accused whose two previous bail applications had been dismissed on merit.

The applicant was accused of committing offence under Sections 457 and 380 of the Penal Code, 1860. Two bail applications filed by him had been repeatedly dismissed on merits. It was argued by him that he had been kept in custody since May, 2018 but charges against him had not yet been framed and there was a huge delay in the trial. Applicant submitted that his co-accused had been released on bail and thus only he cannot be kept in jail for an indefinite period.

The respondent submitted that no case for grant of bail was made out because as many as twelve criminal cases were pending against the applicant. Applicant’s counter was that out of these twelve cases, he had been acquitted in eight cases whereas four cases were pending in trial.

The Court noted observed that prolonged pre-trial detention is an anathema to the concept of liberty and allowed the applicant to be released on bail subject to furnishing a personal bond of Rs 1 lakh.[Dharampal Pardi v. State of MP, 2019 SCC OnLine MP 34, Order dated 07-01-2019]

Case BriefsHigh Courts

Allahabad High Court: A Division Bench comprising of Karuna Nand Bajpayee and Ifaqat Ali Khan, JJ., dismissed a petition on the ground that the contentions raised by the petitioners’ counsel were related to disputed questions of fact.

The Court had been called upon to adjudge the worth of prosecution allegations and evaluate the same on the basis of various intricacies of factual details. The veracity and credibility of the indictment was questioned, the absence of material which would substantiate the allegations that were contended and false implication was pleaded.

The High Court dismissing this petition held that only a prima facie satisfaction of the court about the existence of sufficient ingredients constituting the offence is required in order to see whether the FIR required to be investigated or deserves quashing. The ambit of the investigation into the alleged offence is an independent area of operation and does not call for interference in the same except in rarest of rare cases. Further, it stated that the operational liberty to collect sufficient material cannot be scuttled prematurely by any uncalled for overstepping of the Court. It has to be an extremely discreet exercise. Call for determination on pure questions of fact should be adequately discerned either through proper investigation or should be adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only by the trial court in case a charge sheet is submitted. The Court did not deem it proper to have a pre-trial before the actual trial begun. The FIR was thus not quashed. [Seraj Ahamad v. State of U.P., 2019 SCC OnLine All 23, Order dated 08-01-2019]

Case BriefsHigh Courts

Allahabad High Court: A Single Judge Bench comprising of Karuna Nand Bajpayee, J. declined to quash the order passed by the Judicial Magistrate summoning the applicant in a case arising under Section 138 of the Negotiable Instruments Act.

The applicant prayed for quashing the summoning order passed by the Magistrate, and all his contentions related to disputed questions of facts. The veracity and credibility of the evidence furnished on behalf of the prosecution was questioned and false implication was alleged.

The Court referred to various decisions of the Supreme Court and observed that

“the law regarding sufficiency of evidence is well settled. The court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the sufficient ground to proceed in the matter is required.”

The Court held that the submissions made by the appellant calls for adjudication on pure questions of facts, an exercise that has to be extensively undertaken by the trial court. The High Court could not be persuaded to have a pre-trial before the actual trial commences. Further, the material placed on record made out a prima facie case against the applicant. In such a case, the instant application filed under Section 482 of CrPC praying for quashing the summoning order passed by the Magistrate, was dismissed while allowing the applicant to file an application before the trial court for compounding of offence. [Manoj Kumar v. State of U.P., 2018 SCC OnLine All 559, order dated 05-03-2018]