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"Prosecution can not presume itself the weight of each contraband else the police shold follow the proper procedure so the court need not to presume"

Adv.Naveen Panwar

18-SEPT-2024

"Police had mixed the green and pink colour capsules without proper weighing each type of capsules and due to that the prosecution had no other option otherthan to presume"

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Blog

"Mixing of contraband without weighing the capsules weight from each box is gross voilation"

Adv.Naveen Panwar

18-SEPT-2024

"Police officials had transfered the drug from the 2 cartons in into single carton and had not weight the each box drug, which is absoletely against the procedure prescribed by law "

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Blog

"Disclosure, Calls, and drugs photo from the phone are not sufficient proofs to connect the Applicant with the recovery"

Adv.Naveen Panwar

23-OCT-2024

"Prosecution cant prove the guilt of the Applicant only on the basis of the CDR, Disclosure and the drug photo of the same batch number recovered from the phone of the Applicant and prosecution sould prove the case beyond reasonable doubt"

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Blog

"Disclosure, CDR and Money Transaction can't prove the guilt of the Applicant"

Adv.Naveen Panwar

11-SEPT-2024

"To prove the Guilt of the Applicant the prosecution need to prove the allegations beyond the reasonable doubt and sould not harp only upon the CDR and Transactions"

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Blog

"It is inconceivable that every person had denied to became an "Independent witness" at a highly populated area"

Adv.Naveen Panwar

15-JULY-2024

"Without independent witness and videography the prosecution can't prove the Guilt while only relying upon the recovery made from the Applicant"

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Blog

"No evidence on record to prove the knowledge of the contraband and without which the case of the prosecution can't stand on its legs"

Adv.Naveen Panwar

15-JULY-2024

"Prosecution had to prove his case in every respect and if prosecution is not able to prove the knowledge of the Drugs then it is the clear case of "NON CONCIOUS POSSESION"

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Blog

"Merely on the basis of transactions Conspiracy can't be proved and bail can be granted"

Adv.Naveen Panwar

08-JULY-2024

"Transaction of 75000 cannot connect the Applicant with the recovery and it cannot be a sole evidence to prove the guilt of the accused"

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Blog

"DD Entry for Sec. 42 is not the part of the chargesheet which is mandatory in nature and absence of which is sufficient for granting Bail"

Adv.Naveen Panwar

30-AUG-2024

"Mandatory Non-Compliance of Sec. 42 casts a serious doubt on the genuineness of the case of the prosecution and the absence of the DD entry is sufficient to prove the non-compliance of sec. 42"

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Blog

"Bail granted after considering the nature of the contraband, the quantity and the delay"

Adv.Naveen Panwar

04-SEPT-2024

"Refering to the view of the Apex Court the Hon'ble High Court had taken the lenient view after considering the nature of the contraband"

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Blog

"Transactions and CRD are sufficient to show the implication but nt sufficient to dismiss the bail"

Adv.Naveen Panwar

22-AUG-2024

"merely CDR doesnot disclose the actual conversation and need to be proved with transcripts and only the CDR and bank transactions cannot be treated to be corroborative material in absence of substantive material found against the accused"

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Blog

"Chargesheet Incomplete for 1 accused can't be complete for the other accused"

Adv.Naveen Panwar

30-AUG-2024

"Chargesheet incomplete for the 1 accused for non filing of the FSL report for his recovery cannot be said complete for other accused persons even though FSL reprot of the contraband recovered from them was filled "

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Blog

"Marely standing with the consignee of the parcel will not amount to Sec 29 and not sufficient to prove the knowledge"

Adv.Naveen Panwar

04-SEPT-2024

"The Delhi High Court had held that only standing with the receiver of the parcel and having the connectivity with him will not amount to conspiracy even the same drug photo was recovered from his phone"

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Blog

"Compliance of Sec 42 by official ther than who received the information will be considered as NO compliance of sec. 42"

Adv.Naveen Panwar

22-AUG-2024

"Even though the information was reduced in writing as per section 42 but by some other official and not by the person who received information, that will make the recovery doubtful and lift the bar of sec 37"

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Blog

"Connectivity, Transaction and even the Past Anticedent will not become an hurdle for grant of Regular Bail"

Adv.Naveen Panwar

04-SEPT-2024

"The calls and transaction connectivity even of the same day of recovery cant prove the conspiracy and connect the accused with the recovery"

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Blog

"If State can't bear the medical expenses of the accused then accused has right to Bail"

Adv.Naveen Panwar

16-AUG-2024

"The Delhi High Court had granted the Interim Bail to the Petitioner after stating that the Health of the Accused can't be compromised on the stake of expenses"

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Blog

"Samples should be drawn from each and every packet and voilation of the same entitled the petitioner for regular bail"

Adv.Naveen Panwar

21-AUG-2024

"out of 5 packets the samples were drawn only from 1 packet leaving rest 4 packet in every sack, which is completely a non compliance of the sampling procedure prescribed under standing order and benefit of the same will be given to the accused by granting bail"

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Blog

"Clubbing of quantity will not be considered while deciding the regular bail of the particular accused from whom only intermediary quantity is recovered "

Adv.Naveen Panwar

05-SEPT-2023

"The Hon'ble High Court had held that it is not about the recovery from all the accused persons but the bail will be decided only on the consideration that what is recovered from the present petitioner"

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Blog

"Procedure of Homogenizing of the contents of the recovered material and drawing of the samples thereafter is against the procedure of Standing Order"

Adv.Naveen Panwar

09-JAN-2023

"Homogenious mixture can never used to ascertain the actual nature of the contraband and that will vitiates the procedure of sampling and therefore the bar of section 37 will be lifted while adjudicating the regular bail"

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Blog

"No provision in DMC act which permitssealing of premises on the ground of NDPS activities were carried out therein"

Adv.Naveen Panwar

21-AUG-2024

"Merely on the involvement in NDPS case and using his property for the same context, this will not empower the DMC to seal the property of the petitioner and if sealed it shall be de-sealed forthwith"

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Blog

"Recovery made from the co-accused cannot be added to the quantity recovered from the applicant"

Adv.Naveen Panwar

05-SEPT-2023

"2615 gram of Opium recovered from the co-accused person can never be added in the recovery of 510 gram of opium recovered from the Applicant and the bail was granted while considering only the intermediate recovery from the Applicant"

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Blog

"Samples not taken from each packet raises apprehension that the left over may not contains contraband and benefit of doubt will go into the favour of the Petitioner"

Adv.Naveen Panwar

26-APRIL-2023

"Samples only from 1 packet out of 16 packets and leaving 15 packets behind raises a doubt that those packets will contains the contraband or not and the same is against the procedure prescribed in standing order"

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Blog

"No samples were taken from the other packages, there is nothing to presume that the other packages also contained contraband"

Adv.Naveen Panwar

21-AUG-2024

"Sampling procedure were not followed as per the law laid down in Standing Order that samples shall be drawn from each and every packet with out leaving behind any of the packet otherwise that will create a doubt on the recovery"

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Blog

"Recovery without independent witness and Videography is not sufficient"

Adv.Naveen Panwar

08-JULY-2024

"The Hon'ble High Court had held that recovery itself is not sufficient for denial of the bail and requires independent witness and Videography of the recovery for supporting the recovery made from the Petitioner"

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Blog

"Sampling from each packet is mandatory and not a formality"

Adv.Naveen Panwar

18-JAN-2023

"The Hon'ble High Court while granting the regular bail had held that sampling not from each packet is a grave voilation of law and standing order which result in grant of regular bail to the accused"

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Blog

"NO Independent Witness and Videography can be a sole ground for granting Regular Bail"

Adv.Naveen Panwar

15-JULY-2024

"The Hon'ble High Court had observed that the recovery cant be proved at this stage with out independent witness and videography and because of only recovery the Applicant can't be kept behind the bars"

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Blog

"Recovery from the petitioner will only be considered while deciding the regular bail and not from the co-accused persons"

Adv.Naveen Panwar

17-AUG-2023

"Hon'ble Delhi High Court had held that the Recovery from the Petitioner is intermediary quantity and section 37 will not come into picture even though recovery from the co-accused persons was of commercial nature "

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Blog

"Bail Application already adjourned on manny occassions, no further adjournment and need to be decided on the next date positively"

Adv.Naveen Panwar

06-MARCH-2023

"Trial Court is directed by the Honble High Court to decide the Regular bail application positively on the next date either this way or the other"

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Blog

"Procedure adopted by IO violates the standing order No. 1/88 since the collection of sample itself was faulty, the rigours of section 37 of NDPS Act would not apply"

Adv.Naveen Panwar

22-JULY-2023

"Procedure of Mixing of Contraband is voilation of the standing order and squarely covered by the landmark judgement Laxman Thakur vs State, therefore the bar of section 37 will not be applied and bail is granted to the Applicant"

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Blog

"NO Evidence to connect with the consignment from whom the recovery is made"

Adv.Naveen Panwar

22-MAY-2024

"The Court held that enev though the chats are incriminating but had no connection with the recovered parcel and the only evidence is the disclosure statement of the accused persons"

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Blog

"Incriminating Chats coupled with some recovery of drugs were not sufficient to connect Petitioner with the main accused"

Adv.Naveen Panwar

02-MAY-2024

"Delhi High Court had held that recovery of WhatsApp chats is not sufficient to corroborate with the recovery, Chats should be verified by the proper agencies for reading those as an Evidence."

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Blog

"STANDING ORDER IS REQUIREMENT OF LAW AND SHOULD BE FOLLOWED"

Adv.Naveen Panwar

14-DEC-2022

"Mixing of samples was not permissible and the act thereto will be against the Standing Order, and as per the Hon'ble High Court of Delhi, Standing Order was not only the guidelines by its a requirement"

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Blog

"Petitioner had no knowledge of the 34.7kg Heroin and had only responsible for Rock Salt "

Adv.Naveen Panwar

20-MAY-2024

"Delhi High Court while granting the bail to the Petitioner had stated that merely being an importer is not sufficient that he is in conscious Possession of the hidden drug"

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Blog

"Applicant is only the car owner and has no link with the contraband (Ganja)"

Adv.Naveen Panwar

29-AUG-2023

At this stage, other than the disclosure statement there is nothing to show that the applican/accused had allowed the use of his car for transportation of contraband with his knowledge and consent.

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Blog

"Applicant cannot be refused bail even if he has been declaired proclaimed offender"

Adv.Naveen Panwar

12-July-2023

if the Applicant was declaired PO than also Bail can't be denied only on such ground as its a saperate offence which is registered under section 174A of IPC, which is an saperate offence and not fall under NDPS Act.

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Blog

"Essential purpose of NBWs is to secure the presence of a noncompliant party and need not automatically result in a remand order"

Adv.Naveen Panwar

25-JAN-2023

petitioner was unable to reach the court on-time by reason of traffic issues due to the Bharat Jodo Yatra organised by a political party. petitioner has been remanded to custody only by reason of NBWs having been issued against him it is not considered appropriate to keep the petitioner in judicial custody pending final adjudication of the present petition.

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Blog

"without any insight as to what the contents of the calls were; and that pursuant to the disclosure statements made by the petitioner and co-accused Harish, nothing has been recovered"

Adv.Naveen Panwar

09-MAY-2023

The solitary piece of evidence against the petitioner appears to be the CDRs, which show that he was in telephonic communication with co-accused, without any insight as to what the contents of the calls were; and that pursuant to the disclosure statements made by the petitioner and co-accused Harish, nothing has been recovered.

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Blog

"Sampling was not done as per the Standing Order which is a requirement of law"

Adv.Naveen Panwar

09-MAY-2023

Sampes were drawn after mixing all the contents which has caused a serious prejudice to the Applicant and the bar of section 37 will be lifted.

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Blog

"If complainant is reimbursed with the amount then the bail can be considered"

Adv.Naveen Panwar

12-JAN-2023

Delhi High Court granted the regular bail to the bank employee who had played a part in the money fetching conspiracy on the ground of settlement

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Blog

"Discrepancy in weight of the contraband will go into the root of the matter and raise the question on actual seizure"

Adv.Naveen Panwar

20-APRIL-2023

Delhi High Court on observing the Discrepancy in weight at different stages of the case and the Prosecution had not been able to explain this discrepancy which erodes the credibility of the recovery proceedings

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Blog

"Dismissal of Bail by Superior Court will not a hurdle to raise a legal point at any stage"

Adv.Naveen Panwar

23-MARCH-2023

Learned Session Judge had granted the Regular Bail to the Applicant on the fresh legal ground despite the dismissal from Supreme Court

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Blog

"If complainant is reimbursed with the amount then the bail can be considered"

Adv.Naveen Panwar

12-JAN-2023

Delhi High Court granted the regular bail to the bank employee who had played a part in the money fetching conspiracy on the ground of settlement

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Blog

"Discrepancy in weight of the contraband will go into the root of the matter and raise the question on actual seizure"

Adv.Naveen Panwar

20-APRIL-2023

Delhi High Court on observing the Discrepancy in weight at different stages of the case and the Prosecution had not been able to explain this discrepancy which erodes the credibility of the recovery proceedings

Read Full Order
Blog

"Dismissal of Bail by Superior Court will not a hurdle to raise a legal point at any stage"

Adv.Naveen Panwar

23-MARCH-2023

Learned Session Judge had granted the Regular Bail to the Applicant on the fresh legal ground despite the dismissal from Supreme Court

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Blog

"Mandatory Provisions can't be left on whims and fancies of the prosecuting agency"

Adv.Naveen Panwar

15-MAY-2023

Sampling under Section 52A must be done with in 72 hours or nearby and voilation of the same will create a serious doubt which goes in the favour of the Accused...

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Blog

"Notice need not to be issued if it can be clearly seen from medical documents that Petitioner is serious"

Adv.Naveen Panwar

25-MAY-2023

Delhi High Court had extended the Interim Bail of the Petitioner on just relying upon the medical documents that the Petitioner is admitted

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Blog

"ALLUREMENT BY SISTER, SUFFERED BY BROTHER"

Adv.Naveen Panwar

30-NOV-2022

Brother got the bail from the Session Court who was implicated by his own sister in POCSO case just for the sake of her happiness ...

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Blog

"A JUDGE IN THE SHOES OF COMPLAINANT CAN NEVER RAISE THE GRAVITY OF OFFENCE "

Adv.Naveen Panwar

01-DEC-2022

Learned Session Judge has compounded the offence in which the complainant is a retired judge without getting influenced...

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Blog

"The complainant had not identified the accused person which itself doesn't support the story of the Prosecution on which bail is made out"

Delhi High Court

30-MAY-2023

complainant disputed the identity of the Accused shown to him, which can be a sole ground to grant the bail.

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Blog

"MEDICAL CONDITION CAN SURPASS THE GRAVITY OF OFFENCE"

Adv.Naveen Panwar

06-DEC-2022

Delhi High Court has granted the Interim BAil of 2 months to the accused from whom 950kg of Ganja was recovered...

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Blog

"COMPOUNDING - A WAY OUT TO AVOID FULL FLEDGE TRIAL"

Adv.Naveen Panwar

14-NOV-2022

Once the offence is compounded the accused should be released as soon as possible and can even be released directly from the JC without sending back to the Jail Authority...

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Blog

"A GROUND NEVER ARGUED IN BAIL IS IT SELF A CHANGE IN CIRCUMSTANCES FOR THE FRESH BAIL"

Adv.Naveen Panwar

10-NOV-2022

Learned Session Judge had granted the regular bail on the point of Homogeneous by considering it a change in circumstances as never put before this court...

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Blog

"Gravity of offence cannot overpower the presumption of innocence untill proven guilty"

Adv.Naveen Panwar

17-NOV-2022

In the offence U/s sec-315 of IPC, Hon'ble Judge held that Person facing trial is to be presumed innocent, until proven guilty...

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Blog

"STRICTER THE Law/ PROCEDURE - STRICTER THE COMPLIANCE OTHERWISE THE BENEFIT WILL GO IN THE FAVOUR OF THE ACCUSED"

Adv.Naveen Panwar

05-Aug-2022

Hon'ble Delhi High Court granted the regular bail to the accused while considering that the procedure of sampling was not followed as prescribed by the Apex Court...

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Blog

"Delhi High Court grants interim bail to the Accused in NDPS case for 2 months as well as issued advisory to Jail Authority"

Adv.Naveen Panwar

05-Sept-2022

No treatment available in jail for Contagious Diseases, Delhi High Court grants 2 months Interim Bail with Advisory to the Jail Authorities...

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Blog

"Procedure of sampling can only be ground for bail and to vitiate the trial in NDPS"

Adv.Naveen Panwar

18-Aug-2022

Sampling not done as per the procedure will be the only ground for Regular Bail...

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Blog

"Not a Rape or Extortion but look like a Relationship - Regular Bail granted"

Adv.Naveen Panwar

24-MARCH-2022

Session Court after hearing and going through all the evidences granted Regular Bail to the main accused when girlfriend was the complainant in Rape and Extortion case ...

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Blog

"CDR + LOCATION + DISCLOSURE EVEN NOT A GROUND TO KEEP THE ACCUSED BEHIND THE BARS"

Adv.Naveen Panwar

14-July-2022

High Court of Delhi granted regular bail to the Source when there is CDR, Location and Disclosure of the Co-accused Persons...

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Blog

"Diabetes is so high that can't be cured behind the bars - Interim Bail granted"

Adv.Naveen Panwar

11-May-2022

Delhi High Court had granted the Interim Bail to the Accused of Bank Fraud of 1.39 Crore while going through the Daily Diabetes Chart...

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Blog

"Not such case that shold come to High Court - Regular Bail after Comeuppance PP and the Trial Judge"

Adv.Naveen Panwar

07-MARCH-2022

Delhi High Court granted Regular bail to the Accused after Comeuppance/ Scolding the Public Prosecutor and the Trial Court Judge...

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Blog

"Anticipatory Bail granted even CCTV footage was present in bank fraud of 1.38 Crore"

Adv.Naveen Panwar

14-July-2022

High Court of Delhi had granted Anticipatory Bail to the Accused in Bank Fraud case even after having a CCTV footage of offence...

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Blog

"Concealment of Survivor members is a Fraud in itself and FIR need to be registered"

Adv.Naveen Panwar

31-March-2022

Facts Concealed about the Survivor members is a prima facia Fraud U/s 420 of IPC and there is no secound opinion as whether the FIR should be registered or not...

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Blog

"High Court has the power under Article 227 to decide the appeal of maintenance tribunal"

Adv.Naveen Panwar

24-MARCH-2022

High Court can be an alternative remedy for the Appeal from maintenance tribunal under Article 227...

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Blog

"Welfare and nurture of child is paramount importance - Grand-mother was granted Interim Bail"

Adv.Naveen Panwar

11-May-2022

Session Court had Considered the welfare and nurture of child and granted interim bail to the accused who is the Grand-mother...

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Blog

"connected recovery will not be clubed U/s 29 of NDPS and will be considered as per its quantity"

Adv.Naveen Panwar

31-March-2022

2 recoveries at different point of time will be considered 2 saperate recoveries and will not be clubed U/s 29...

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Blog

"Regular Bail in Commercial Quantity as the sampling was not done as per the procedure prescribed by law"

Adv.Naveen Panwar

01-April-2022

If the procedure of sampling was not as per law than quantity was immaterial for regular bail and that will be granted to the applicant...

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Blog

"Providing the location chart of raiding team will nowhere prejudice the right of prosecution"

Adv.Naveen Panwar

05-APRIL-2022

Delhi High Court finds nothing wrong in providing the location chart of the raiding team and held that this will nowhere prejudice the right of the prosecution...

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Blog

"Interim Bail does not depend on heinousness of crime"

Adv.Naveen Panwar

23-FEB-2022

High Court of Delhi allows interim bail application after previous dismissal on the ground of heinousness by trial court...

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Blog

"Trial Court had not appreciated the fact that release of SIM will not effect the case of the prosecution"

Adv.Naveen Panwar

08-MARCH-2022

Release of SIM number and Release of Mobile were two different concept and release of SIM nowhere effect the prosecution...

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Blog

"Ossification test broken the perception of POCSO while considering the Bail"

Adv.Naveen Panwar

25-FEB-2022

Ossicification and circumstances evidences plays the major role while deciding the Regular Bail application...

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Blog

"Regular Bail in Delhi Riots 3 Murder Case as witness backstep"

Adv.Naveen Panwar

19-FEB-2022

Witness didn't identify, 4 get bail in riots murder cases and public prosecutor didnt object to bail ...

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Blog

"SAME DAY FILING AND EXTENSION OF INTERIM BAIL DUE TO MEDICAL EMERGENCY"

Adv.Naveen Panwar

19-FEB-2022

Due to medical emergency extension of bail was filed at 10:30 and was granted at 2:00 on the same day...

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Blog

"NEW DELHI RIOTS: BAIL TO 4 IN 3 MURDER CASES"

Adv.Naveen Panwar

19-FEB-2022

Delhi court has granted bail to four persons in three murder cases related to the north east delhi riots after non identification by the witness...

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Blog

"only being a member of that group is not sufficient"

Adv.Naveen Panwar

13-JAN-2022

Accused had not assaulted the complainant and with whom the struffle took place was not the complainant...

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Blog

"No Court can issue NBW during pre-lunch session - Delhi High Court"

Adv.Naveen Panwar

24-JAN-2022

High Court set aside the order of session court and gives direction to Jail authority to release the accused immediately...

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Blog

"ANTICIPATORY BAIL GRANTED IN CASE OF DAYLIGHT ROBBERY OF 54 LAKHS LOOT ON GUN POINT"

Adv.Naveen Panwar

17-FEB-2022

Hon'ble Court has given the Anticipatory Bail (protection from arrest) to the accused of daylight robbery of 54 lakhs on gun point...

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Blog

"30 Stiches to complainant but still the accused enlarged on Bail"

Adv.Naveen Panwar

21-JAN-2022

After getting 30 stiches to the victim Section 326 was imposed on the accused but still all together can't bar the accused from regular bail...

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Blog

"INTERIM BAIL FOR BETTER MEDICAL TREATMENT OF ACCUSED ALLOWED"

Adv.Naveen Panwar

19-JAN-2022

Interim Bail allowed in HDFC Fraud case for the better treatment of his health in private hospital...

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Blog

"Date of filing will be considered while deciding default bail"

Adv.Naveen Panwar

15-JAN-2022

In the matter of Default Bail even a single minute can put the liberty of the applicant in question...

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Blog

"regular bail in fake medicine manufacturing case"

Adv.Naveen Panwar

12-JAN-2022

Regular Bail by the Court of Session to the accused who was indulge in fake cancer drug manufacturing and selling ...

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Blog

"ILLEGAL REMAND IS A GROUND FOR DEFAULT BAIL"

Adv.Naveen Panwar

12-JAN-2022

Magistrate has no right to take the remand of the accused under section 167(2) or 309(2) after submision of the chargesheet ...

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Blog

"RIGHT OF BAIL DUE TO THE DEFAULT OF MAGISTRATE"

Adv.Naveen Panwar

12-JAN-2022

Accused has the right to get default Bail on the default (delay in taking cognizance) of the magistrate...

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Blog

"IF NO TO COGNIZANCE THAN YES TO BAIL"

Adv.Naveen Panwar

12-JAN-2022

Not taking the cognizance after submission of the chargesheet can be a ground for the Default Bail...

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Blog

"It's mandatory to register the FIR in cognizable cases"

Adv.Naveen Panwar

16-DEC-2021

Police officials had no option other than to register the FIR where prima facia it is an Cognizable offence...

Blog

"It was never an accident - Murder"

Adv.Naveen Panwar

15-DEC-2021

FIR lodged in kite flying accidental death case turned out to be an investigation of a murder...

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Blog

"Interim Bail in Delhi Riots"

Adv.Naveen Panwar

02-DEC-2021

Session Judge grants Interim Bail to the Accused of Delhi Riots on the ground of sister marriage for 1 week...

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Blog

"First Regular Bail in Delhi in Remdesivir case"

Adv.Naveen Panwar

16-NOV-2021

Delhi High Court grants Regular Bail to all the 4 accused in case of illegal holding of Remdesivir injections where Session Court considered the morality as the ground for dismissing the Bail.

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Blog

"Regular Bail to 4 persons in illegal holding of Remdesivir injections"

Adv.Naveen Panwar

18-NOV-2021

Delhi HC grants bail to 4 persons accused of illegal holding of Remdesivir injections during Covid second wave

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Blog

"Courts Protection from creditor even having Agreement"

Adv.Naveen Panwar

28-OCT-2021

Being a muscle man doesn't give you right to take the law in his hand, Delhi High Court grants protection to the debtor for the recovery by muscle man (Creditor)...

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Blog

"Regular Bail granted without surrender of Interim Bail"

Adv.Naveen Panwar

21-OCT-2021

Accused on Interim Bail inc Commercial Quantity of Ganja will never be the Hurdle to get the Regular Bail. Regular Bail is granted to the accused without surrender

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Blog

"Stay at the instance when the demolition army is at door"

Adv.Naveen Panwar

28-Oct-2021

The Demolition army went back without completing there task as the court protects the houses with the hands of Stay order. stay order on demolition when the team for demolition standing on the door...

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Blog

"Does the Bail Application be heard through the Ears of Morality"

Adv.Naveen Panwar

29-OCT-2021

Does the High Court of Delhi grant Regular Bail to the Accused indulged in black marketing of Remdesivir injections or the bail will be dismissed on the ground of Morality?...

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Blog

"No Bail before Chargesheet in Commercial quantity is just a Myth"

Adv.Naveen Panwar

21-OCT-2021

Regular Bail granted by the Session Court in Commercial Quantity even before the filing of chargesheet

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Blog

"Commercial quantity and non filing of chargesheet does not put any bar on Interim Bail "

Adv.Naveen Panwar

28-Sept-2021

The petitioner was arrested in Commercial quantity of Ganja on 18 August and Chargesheet is not filed but these are not the bar or any obstacle to get the Interim Bail...

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Blog

"Interim Protection Granted to accused despite the chargesheet has been filed"

Adv. Pooja Roy

17-Sept-2014

The Petitioners was charged U/s 420 of IPC for inducing the complainant to pay sum of rupees 10.5 lacs as a consideration for obtaining admission in medical college and further cheated the complainant with the said amount...

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Blog

"Order of Divorce Stayed as Parties are bound to adhere with the terms of the settlement deed"

Adv. Pooja Roy

19-Jan-2021

Judgment of Divorce passed by the family court was passed in the ignorance of the settlement between the parties but as parties are bound to adhere the terms of the settlement the operation of impungned judgement was stayed...

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Blog

"Electricity connection granted for building above 18 meter of height by the Court"

Adv. Pooja Roy

06-May-2021

The subject floor for which an electricity connection has been applied for by the petitioner falls within the height of 15 meter, the same is covered by the amended schedule of 2021, so the petitioner was granted electricity connection...

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Blog

"Section-12 mandates to dispose of the proceedings within a period of 60 days"

Adv. Pooja Roy

24-May-2019

Court directed trial court to make endeavours to conclude the proceedings under the DV Act, 2005 in this case within a period of 60 days...

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"Merely because istridhan articles have to be recovered, is not a ground to deny Anticipatory Bail"

Adv. Pooja Roy

05-July-2021

Court Granted Anticipatory bail to in-laws in the case of 498-A IPC stating that an Anticipatory Bail cannot be denied on the mere fact that istridhan is to be recovered...

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"Bail Garnted as accused name was not mentioned in the statement of 164 Crpc by the prosecutrix"

Adv. Pooja Roy

28-July-2014

Prosecutrix had not named the petitioner U/s 164 Crpc to be the person with whom she had entered into a physical relationship looking into the nature of allegations petitioner was directed to be released on bail...

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"Medical Ground can be considered for Interim Bail even in Commercial Quantity"

Adv. Pooja Roy

17-July-2021

Session Court granted interim bail to an accused charged under NDPS Act for commercial quantity, considering the medical condition of the mother of the accused...

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"Electronic system to transmit bail orders to prisoners to avoid delay held by supreme court suo moto"

Adv. Kajol Garg

16-July-2021

supreme court suo moto on a newspaper cliping held that even after granting bail, prisoners still have to remain in jail due to delay in communication of bail orders. the court decided to implement safe electronic mode to transmit bail orders to the prisoners to avoid delay in their release...

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"Anticipatory bail granted in 498A/ 420 with the stringent condition to pay 20 lacs to complainant"

Adv. Pooja Roy

02-Dec-2015

The petitioner was admitted anticipatory under two FIR against him U/s 498A/ 420 of IPC with the stringent condition that the petitioner shall pay 20 lacs to the complainant...

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" “Ordeal faced by the children in custody proceedings slowly coming to an end as their voices have a say.”"

Adv Ishita Kumar

28-Dec-2020

The Supreme Court allowed the 7-year-old child according to his wishes to live and study in Singapore with his mother. The Court gave its finding after interacting with and understanding the sensitivity of the case: " During the course of the interaction on the video-conferencing platform, Sattik indicated his desire to reside with his mother in Singapore"...

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"Preferences of Child is of paramount Importance"

Adv Ishita Kumar

28-Dec-2020

A landmark precedent set by a 3-Judge Bench of the Hon’ble Supreme Court comprising of Justices UU Lalit, Indu Malhotra and Hemant Gupta (2:1) interacted with the child in order to ascertain his wishes and then allowed the custody of child to his father who is located in Kenya...

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"The Supreme Court upholds decision of Madras High Court in which an ex-parte decree passed against a minor not represented by a guardian who is duly appointed was held as a nullity"

Adv Ishita Kumar

11-Feb-2021

The Supreme Court upholds decision of Madras High Court in which an ex-parte decree passed against a minor not represented by a guardian who is duly appointed was held as a nullity...

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"Restriction should not be imposed on the ambit of Anticipatory Bail "

Adv. Pooja Roy

02-Dec-2010

Court Should not impose the restriction which are not envisaged U/s 438 crpc held by the Apex court in Siddharam Satlingappa Mhetre vs State Of Maharashtra.

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"Bail granted to Murder accused even involvement in another case"

Adv. Pooja Roy

15-July-2021

Court granted Interim Bail to an under trial prisoner facing trial U/s 302 IPC, considering the HPC guidelines and parity...

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"women will not have the right to inherit from her deceased husband once she got remarried"

Adv. Kajal Garg

02-Dec-2010

The chhattisgarh high court ruled that if a widows remarriage and the marriage remains valid, she will lose her right in property inherited from her previous husband.

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"Protection to Teacher against any coercive action"

Adv. Pooja Roy

23-Oct-2018

Impugned order passed by the Commissions for Protection of Child Rights directing registration of FIR against the petitoners was stayed by the court...

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"Not as per Natural Justice if Petitioner is to be burdened with court fees twice"

Adv. Pooja Roy

26-April-2019

Court accepted the contention of the Counsel of Petitioner as Petitoner should not to be burdened with court fees twice and issued notice thereof...

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"Medical ground is a valid ground to expedite suit proceedings"

Adv. Pooja Roy

18-Dec-2019

Considering the medical state of the petitioner the Hon'ble High Court directed the Trial Court to dispose of the suit within a period of 1 year

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"Delhi High Court directed trial court to expedite recording of prosecution evidence"

Adv. Pooja Roy

28-Sept-2020

Hon'ble High Court of Delhi directed Session Judge of Delhi Court to expedite the recording of prosecution witness and colclude the same with in the period of nine months from the date of first hearing after the resumption of normal functioning of court...

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"Bail granted in forged cheque scam despite non-recovery of amount"

Adv. Pooja Roy

26-May-2020

Delhi High Court granted bail to a woman charged U/s 420 of IPC where the main accused is declared to be an absconder with the amount...

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"Untraceable whereabouts is not a ground for denying Restitution of Conjugal rights"

Adv. Pooja Roy

29-Oct-2018

Delhi High Court set aside the order of Family Court and remanded back the petition of section-9, Restitution of Conjugal rights under HMA stating that untreaceablity of whereabouts is not a ground to setaside...

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"Maintance will not be repudiated due to the status of LIVE-IN-RELATIONSHIP"

Adv. Pooja Roy

07-June-2021

Delhi High Court in Parveen Tandon vs Tanika Tandon clears the scepticism that a women in shared household with the status of live in relationship was also entitled to interim maintenance despite petitioner being married man...

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"Teacher acquital from the charges of sodomy with 11 year boy "

Adv. Ankit Mutrerja

024-March-2005

In Abdul Salam vs State, Delhi High Court acquits after conviction by the session court on the ground of no injury on private parts and inconsistency of the statement of witness and medical report...

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"Acquital as sampling not according to procedure of law"

Adv.Ankit Mutreja

11-Feb-2021

In Ahmed Hassan Muhammed vs The Customs, Delhi High Court Acquits as the raiding team had not performed the sampling according to the due process of law...

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"waiver of right U/s 50 of NDPS is not the ground of Bail"

Adv. Kajol Garg

04-June-2021

In Nabi Alam @ Abbas vs State, the court had cleared that if the person had waved of his right to search than also it was considered that the sec 50 was complied...

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"Trial Vitiated if the IO is H.constable or below in NDPS"

Adv. Shubham Aggarwal

09-Feb-1995

Supreme Court in Megha Singh vs State Of Haryana states that its the right of accused to had the Fair Trial where the trial is vitiated as the IO is of H.constable rank.

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"Divorced women have right to shared household belonging not to just husband but also to his relatives"

Adv Ishita Kumar

15-Oct-2020

Apex Court had cleared the right of shared household by the divorced women over the house of relatives of the husband.

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"There will be no pending cases in courts if we have more judges like Justice Jasmeet Singh"

Adv.Naveen Panwar

22-June-2021

In yet another instance of a High Court sitting beyond normal courts hours, Justice Jasmeet Singh of the Delhi High Court sat past 11 pm on Monday to complete the hearing of matters listed before him...

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"Petition under Article 227 will be maintainable against Domestic violence act proceedings"

Adv. Naveen Panwar

21-June-2021

The Madras High Court in its single-judge bench of Justice GR Swaminathan held that Article 227 of the Constitution is “forum-neutral” making no distinction between civil and criminal cases...

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"Is it the partiality or the procedure of law"

Adv. Naveen Panwar

2O-June-2021

Member of the Rajya Sabha and Senior Advocate P Wilson has written to President Ram Nath Kovind registering concern that the High Courts of many States are not being adequately represented...

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"was he active member of BJP or a JUDGE"

Adv. Naveen Panwar

19-June-2021

West Bengal Chief Minister Mamata Banerjee has written to Calcutta High Court Acting Chief Justice Rajesh Bindal requesting him to reassign the election petition...

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"No one above law even the Advocates"

Adv. Naveen Panwar

18-June-2021

"Usage of the position of advocate for other than just causes is nothing but an act of corrupt nature, which requires to be cut down by the sword held in the hands of the statue of Justice," the Court said.

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"low standard of education system leads to feel shameful while introducing as lawyer or judge"

Adv. Naveen Panwar

18-June-2021

"For the sake of the dignity of what you and I wear, I think you should look into it more seriously, not as a professional matter, and try to deal with the malaise", the Chief Justice told the BCI counsel today...

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"Protective Shield for the essential wings of the justice delivery system"

Adv. Naveen Panwar

17-June-2021

7 Member Committee constituted by BCI For Framing Draft of "Advocates Protection Act" which will be the protective shield for the advocates and their family from threats & Attacks...

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"Is it a solicit or a kidnapping"

Adv. Naveen Panwar

16-June-2021

On wednesday, 16 June 2021, a miraculous case come before Bombay High court, where an advocate named Vimalchandra umeshchandra jha was an accused of kidnapping and torturing of his own client...

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“Contraband quantity is just a point of consideration and will not solely decide the bail”

Adv. Naveen Panwar

09-June-2021

In the matter “State vs Darshan singh” Sc. No. 41/2018, Advocate Aditya Aggarwal put his efforts proved that “Contraband quantity is just a point of consideration and will not solely decide the bail”...

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