Tag: Case Comment

COVID-19 – X: Jharkhand High Court’s Recent Bail Conditions: Improper exercise of Judicial Discretion?

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By Harpreet Singh Gupta Recently, while hearing a revision petition, the Jharkhand High Court enlarged the accused on bail who was sentenced for one year for obstructing running of trains, etc. under Section 174(a) of the Railways Act. The conditions that the court put were rather interesting. The accused were directed to: (a) deposit Rs. … Continue reading COVID-19 – X: Jharkhand High Court’s Recent Bail Conditions: Improper exercise of Judicial Discretion?

Rekha Murarka v. State of West Bengal: Arbitrarily Undermining the Victim’s Rights

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By Aastha Agarwalla and Daksh Aggarwal Prefatory The principal aim of the administrative and judicial processes is to provide a mechanism to protect the interests, physical and psychological well-being and dignity of the victims of serious crimes. One of the prerequisites to achieve the same is to enable the sufferer to be defended and represented … Continue reading Rekha Murarka v. State of West Bengal: Arbitrarily Undermining the Victim’s Rights

The Constitution Bench Reference in Sushila Aggarwal v. State

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By Abhinav Sekhri A Constitution Bench of the Supreme Court decided a reference made in Sushila Aggarwal & Ors. v. State (NCT of Delhi) & Anr. [SLP (Crl.) 7281-82/2017, decided on 29.01.2020], where two questions had been posed for consideration: (1) Whether the protection granted to a person under Section 438 Cr.P.C. should be limited to a fixed period … Continue reading The Constitution Bench Reference in Sushila Aggarwal v. State