Citation : 2001 Local Law (CG) 111 The Chhattisgarh High Court withdraws interim bail orders, warns applicants and lower court, In a firm ruling that clarifies the limits of anticipatory bail, Justice R.S. Garg of the Chhattisgarh High Court has vacated interim protective orders previously granted to several accused and has begun proceedings to examine…
Citation : 2001 Local Law (CG) 64 The Chhattisgarh High Court has set aside interim bail orders and dismissed two miscellaneous criminal petitions after finding that several applicants and a lower court tried to short-circuit the legal process. The court’s strongly worded order, delivered in July 2001, rescinded ad-interim anticipatory bail granted in February and…
Justice R.S. Garg ruled that convicting an accused for an offence under Section 376(2)(f) IPC without framing such a charge violates fundamental criminal procedure, remitting the case for fresh proceedings with full opportunity for defence. In a judgment reaffirming the importance of due process and proper framing of charges, the Chhattisgarh High Court set aside…
Justice R.S. Garg ruled that the prosecution failed to prove exclusive possession of the contraband and faulted the trial court for convicting the accused on facts not covered by the charge or Section 313 CrPC examination. The Chhattisgarh High Court has overturned the conviction of a truck driver accused of carrying opium, finding that the…
Justice R.S. Garg ruled that the trial court acted illegally by framing charges under Section 36 of the M.P. Excise Act when the case clearly fell under Section 34, directing the lower court to proceed afresh in accordance with law. In a significant ruling addressing judicial errors in charge framing, the Chhattisgarh High Court has…
Justice R.S. Garg held that bona fide purchasers cannot be prosecuted for criminal trespass or breach of trust when possession was lawfully transferred under a valid agreement, calling the case a misuse of criminal law for a civil dispute. The Chhattisgarh High Court has quashed criminal proceedings initiated against property purchasers in a Raipur real…
Citation : 2002 Local Law (CG) 31 The Chhattisgarh High Court has directed the state government to consider the compassionate appointment of a widow whose application was rejected on the ground of delay. Justice Fakhruddin observed that such technicalities should not defeat the purpose of a welfare provision meant to protect families left destitute after…