Conduct of Accused - The Legal Chamber

The Supreme Court set aside the bail orders, emphasizing that the grant of bail must consider the totality of circumstances, including the accused's conduct and antecedents. The Court held that lower courts erred by ignoring relevant factors and precedents, and by granting bail mechanically without proper application of mind to the material on record. Facts Of The Case: The appellant, M/s Netsity Systems Pvt. Ltd., filed a criminal complaint alleging that the accused respondents, a husband and wife, had cheated them of ₹1.9 crores by promising to transfer a piece of land that was already mortgaged and sold to a third party. An FIR was subsequently registered. The accused sought anticipatory bail, and the High Court granted them interim protection for nearly four years, during which media...

The Supreme Court acquitted the accused, holding that a confessional FIR made to a police officer is wholly inadmissible as evidence under Section 25 of the Indian Evidence Act, 1872. The prosecution failed to prove its case with legally admissible evidence, rendering the medical and other evidence insufficient for conviction. Facts Of The Case: The appellant, Narayan Yadav, himself lodged an FIR at Korba Kotwali Police Station on 27.09.2019, confessing to the murder of Ram Babu Sharma. In the FIR, he stated that a quarrel ensued at the deceased's residence after the latter made an obscene remark upon seeing a photograph of the appellant's girlfriend. In a fit of rage, the appellant claimed he picked up a vegetable knife and inflicted injuries on the deceased, later also hitting him with...

Tag: Conduct of Accused

Supreme Court Cancels Bail in Cheating Case, Slams Accused for “Misleading Courts”

Supreme Court Acquits Man: “Confession to Police” Cannot Be Used as Evidence