State Of Gujarat vs Mohanlal Jitamalji Porwal
Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby […]
In re Kenneth Humphrey
Any lawyer practicing in court in India could attest to the fact that various people accused of various crimes, even after getting a favorable bail order are not able to exercise their liberty, the same may be originating from various reasons but mostly from the poor financial condition the accused suffers. It is further to be noted that intersectionality of various other factors along with financial unwell being might again be one of the most prominent reasons why the person ended up in Jail in the first place. Various reforms have taken place in India’s justice delivery system, to tackle the arrest at first instance as well, but the problem is very prominent. California’s Supreme Court recently took cognizance of the same, and observed that indigent people cannot be allowed to languish in jail just because they are not able to post bail, and equated such practice “pretrial detention order”.
Pepsi Foods Ltd. v Special Judicial Magistrate
In this landmark judgment, the Hon’ble Supreme Court laid down that the power to issue a summon is a matter of grave importance, and such power ought to be exercised cautiously only after the Magistrate is satisfied that the real case is being made.
Shiv Shankar Singh v State of Bihar
Section 200 of the Code of Criminal Procedure empowers the Magistrate to take cognizance of an offence based on the complaint. It is recourse available to the complainant (private citizen) in addition to Section 154 of the CrPC. In this landmark judgment, the Hon’ble Supreme Court deliberates on certain practical problems that might arise concerning the filing of a complaint under section 200 of the CrPC.
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