Search Judgments

• Criminal Procedure Code, 1973 (CrPC) – First Information Report (FIR) – Section 154 CrPC: The earliest information relating to the commission of a cognizable offence, given to the officer in charge of a police station, constitutes the FIR. Any subsequent statement by the same or another person, if it contains the first information, can be treated as the FIR. However, if a detailed account of the incident is already with the police, a later statement cannot be treated as the FIR, and would instead be considered a statement under Section 161 CrPC, attracting the bar of Section 162 CrPC.
• Evidence Act, 1872 – Adverse Inference – Withholding Evidence: If the prosecution intentionally withholds crucial evidence, such as the daily diary (roznamcha) entries or the initial statement of a material witness (especially a police official present at the scene), an adverse inference can be drawn against the prosecution, suggesting that such evidence, if produced, would not have supported their case.
• Criminal Trial – Witness Testimony – Discrepancies and Improvements: Gross inconsistencies, contradictions, and major improvements in the testimony of purported eyewitnesses, particularly when they contradict other material evidence (like the account of an independent witness or medical evidence), render their testimony unreliable and cast serious doubt on their presence at the crime scene.
• Identification in Court – Test Identification Parade (TIP): Identification of accused persons in court for the first time, after a significant lapse of time and without a prior Test Identification Parade, is a weak piece of evidence and may not be sufficient for conviction, especially if the witness did not provide details of the assailants in their initial statements to the police.

Final Decision:    The Supreme Court allowed the criminal appeals, setting aside the concurrent convictions of the appellants. The Court found significant flaws in the prosecution’s case, including a highly suspicious FIR, unreliable eyewitness testimonies marred by contradictions and improvements, inadmissible confessional statements to a medical officer, and a failure to establish a proper chain of custody for seized weapons, rendering the FSL reports inconclusive.

Conditions for Interim Bail:

The interim bail is subject to the following terms and conditions:

• He shall furnish bail bonds in the sum of Rs.

Constitution of India, 1950 – Article 32 & 142 – Securities and Exchange Board of India (SEBI) Act, 1992 – Prize Chits and Money Circulation Scheme (Banning) Act, 1978 – Maharashtra Protection of Interest of Depositors (in Financial Establishment) Act, 1999 (MPID Act)

Collective Investment Schemes (CIS) – Attachment and Liquidation of Assets – Investor Refund – Petitioners sought directions for liquidation of attached assets by SEBI and distribution to investors. Court invoked Article 142 to constitute a High-Powered Sale Committee (HPSC) to oversee the auction and sale of properties of Sai Prasad Group of Companies and refund of investor money.

Interim Bail – Article 142 – Given the prolonged incarceration of Petitioner Nos. 1 and 2 and to facilitate the sale and disbursement process, interim bail granted to them.

Prevention of Money Laundering Act, 2002 (PMLA) – Sections 3, 4, 45, 50, 24 – Code of Criminal Procedure, 1973 (CrPC) – Indian Penal Code, 1860 (IPC) – Sections 406, 420, 467, 468, 447, 504, 506, 341, 323, 34, 120-B, 465, 471 – Constitution of India, 1950 – Article 21 & 142

Bail under PMLA – Section 45 Twin Conditions – The Supreme Court reiterated that “bail is the rule and jail is the exception” and that the rigors of Section 45 PMLA can be relaxed in cases of prolonged incarceration where trial is unlikely to conclude soon, emphasizing the constitutional right to speedy trial under Article 21.

Foundational Facts for PMLA Offence (Section 24) – Prosecution must prima facie establish: (i) criminal activity related to a scheduled offence, (ii) property derived from such activity (proceeds of crime), and (iii) the accused’s involvement in any process connected to such proceeds. The onus then shifts to the accused to rebut the presumption.

Admissibility of Statements under Section 50 PMLA – The Court noted that statements recorded while in custody, even in a different ECIR, could be challenged as inadmissible under Section 25 of the Evidence Act.

Unlawful Activities (Prevention) Act, 1967 (UAPA) – National Investigation Agency Act, 2008 (NIA Act) – Section 19 – Indian Penal Code (IPC) – Sections 489B, 489C, 120B, 34 – Constitution of India, 1950 – Article 21

Right to Speedy Trial (Article 21) – The Supreme Court emphatically reiterated that the right to a speedy trial, implicit in Article 21, is fundamental and applies irrespective of the crime’s seriousness. Prolonged incarceration as an undertrial, especially when the trial has not commenced and is unlikely to conclude soon, violates this right.

Bail – Not Punishment – Court re-emphasized the principle that bail is not to be withheld as a punishment; its primary purpose is to secure the accused’s attendance at trial.

Stringent Bail Provisions vs.