Digi - Legal Insights

Based on witness statements and victims account, injuries sustained by victim are deemed simple therefore, it is unnecessary to keep Applicant in custody at this time.

Furlough for Convicts - Denial of furlough solely due to absence of a family undertaking is unjustified.

Suspension of Sentence Pending Appeal - Suspension of sentence during pendency of appeal justified when the applicant has undergone a significant portion of imprisonment.

Grant of Set-off for Pre-Trial Detention - Convicts are entitled to set-off for pre-trial custody under Section 428 of CrPC; denial of such benefit is unjustified.

Closure of Investigation Due to Death of Accused - Classification of investigation as A-Abated summary is invalid; it should be closed as abated due to the accuseds death.

Quashing of FIR in Settled Cases - If parties have settled their disputes amicably, continuation of criminal proceedings will be an exercise in futility.

Quashing of FIR in Amicable Settlements - Criminal proceedings quashed as disputes were amicably settled, rendering continuation futile.

Permissibility of Additional Evidence - Documents not part of the original charge sheet cannot be introduced during a trial unless included through supplementary investigations.

Right to Protest - Prosecution must not be used to stifle democratic agitations unless violence or illegality is involved.

Quashing of FIR - Court must go beyond FIR averments to detect mala fide motives and determine if offence is prima facie made out.

Quashing of Chargesheet - If ingredients of offence are not made out, continuation of proceedings is abuse of process of law.

Private complaint against a body corporate - Order of process without mandatory averments and without impleading company is without jurisdiction.

Negotiable Instruments - Leave to defend can be denied where no plausible or basic defence is raised against cheque claim.

Negotiable Instruments - General allegations of fraud or non-receipt of notice do not constitute specific defence under Section 145(2) of NI Act.

False Promise to Marry - Consent is not vitiated where parties are in a legally recognized marriage known to both; offences of rape and cheating not made out.

Compounding of offence - Amount for compounding of offence may be directed to be deposited with Goa State Legal Services Authority.

Criminal Procedure - Accused should not suffer for absence of Advocate; denial of adjournment to cross-examine I.O. is unjustified.

Petitioner is caught in complex situation hence, Respondent No.4 directed to supply certified copies of documents related to bill of entries filed by Petitioner for five companies involved in dispute during that period.

As evidence on record proving each of circumstances, forming a complete chain of events that unerringly points to guilt of both accused, no reason to interfere with impugned judgment of conviction and sentence.

Magistrate adequately complied with Section 202 by verifying complaint and documents without needing to examine witnesses hence, no case is made out to cause interference in impugned order and judgment.