Lakhvir Singh Etc. v. The State of Punjab & Anr.

Criminal Appeal · 2021 INSC 30Decided 19 Jan 2021
Criminal Appeal Nos. 47-48 of 2021
Justice Sanjay Kishan Kaul · Justice Hrishikesh Roy

Background

In 2003, when the appellants were 19 and 20 years old, they and a juvenile co-accused hired the complainant's taxi, stabbed him with a knife and dagger, and fled with the vehicle, leading to their conviction and a 7-year sentence under Section 397 IPC (robbery/dacoity with use of a deadly weapon, which carries a mandatory minimum 7-year sentence). Their appeal was dismissed by the High Court, but before the Supreme Court they produced a compromise deed in which the complainant, years later, said he no longer wished to pursue the matter and had no objection to their release; by then they had served about half of their 7-year sentence.

Decision Breakdown

The State argued that courts cannot impose less than the statutory mandatory minimum sentence, relying on precedent to that effect, while the appellants sought the benefit of the Probation of Offenders Act, 1958. The Supreme Court held that Section 6 of that Act (a near-absolute bar on imprisoning offenders under 21) did not apply because it is assessed as of the date of sentencing, not the date of the offence, and the appellants were now over 21. However, the Court held that Section 4 of the Act (a discretionary power to release an offender on a probation bond instead of sentencing, even where another statute prescribes a mandatory minimum) was not excluded by Section 397 IPC's mandatory minimum, since the Probation Act's "notwithstanding" clause overrides other laws unless a later special law expressly excludes it, which Section 397 does not. Considering the appellants' young age at the time of the offence, the victim's forgiveness, the absence of any adverse jail-conduct report, and that half the sentence had already been served, the Court released them on probation under Section 4, subject to bonds and sureties ensuring good behaviour for the remainder of the sentence.

Lesson Learnt

Even a mandatory minimum criminal sentence does not automatically bar a court from granting probation under Section 4 of the Probation of Offenders Act: reformative relief remains available unless the specific sentencing law clearly rules it out, and factors like a young offender's age at the time of the crime, a victim's forgiveness, and good conduct in custody can tip the balance toward reform over continued imprisonment.

Criminal LawSupreme Court of India

Charming Rupon v. State of Meghalaya

The Supreme Court acquitted the accused, finding the prosecution's case riddled with serious doubt. Both the victim and her cousin (a key witness) admitted in cross-examination that they could not identify the accused and that his name had been supplied to them by the victim's mother, raising a strong suspicion of tutoring, especially since the victim admitted she had been coached by the public prosecutor before testifying. The mother's own conduct (not reacting urgently despite being told of the assault, and material facts missing from the belated FIR) was found "unnatural." A crucial witness, the school teacher whose disclosure triggered the FIR, was never examined, without explanation, warranting an adverse inference against the prosecution. The Court also noted that two medical witnesses were never meaningfully cross-examined because the defence counsel was absent on the relevant dates, and that the trial court had wrongly brushed aside credible alibi evidence led by the accused.

Decided 9 Oct 2026Read case
Criminal LawSupreme Court of India

Ramkrushna Prahllad Dongardive v. The State of Maharashtra

The Supreme Court restored the trial court's acquittal. It found that the prosecution never produced the original cashbooks, daily registers, or audit reports that would have actually proven the appellant was entrusted with and misappropriated the money: the investigating officer himself admitted these documents were never shown to him despite being asked for. The department also failed to produce records the appellant had specifically sought in his own defence. Separately, the search and seizure of documents from the appellant's house was legally doubtful, since both independent witnesses to the seizure turned hostile and denied knowing its contents, and the mandatory procedural safeguards for such a seizure were not followed. The Court also flagged that the High Court convicted the appellant for the very first time on appeal without ever hearing him on the question of sentence, which the law required it to do.

Decided 8 Oct 2026Read case
Criminal LawDelhi High Court

Gurpreet Singh vs. State (NCT of Delhi)

The Court accepted that the order recalling the proclaimed offender status be placed on record. Noting that the complainant was untraceable and the prosecution itself raised no serious objection to anticipatory bail, the Court found no reason to deny the applicant liberty. It granted anticipatory bail, directing release on a personal bond of Rs. 20,000 with one surety in the event of arrest.

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Mukesh Rani vs. Narcotics Control Bureau

The Court noted the investigation was complete, the chargesheet was filed, the co-accused had already been granted bail, and the combined quantity recovered (1.976 kg) still fell short of the "commercial quantity" threshold under the NDPS Act. With ten witnesses yet to be examined and no indication the trial would conclude quickly, the Court found continued detention unnecessary and granted regular bail on a personal bond of Rs. 50,000 with standard conditions.

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Aakash vs. State Govt. of NCT of Delhi and Anr.

The Court noted that all prosecution witnesses, including the complainant and the guest house manager, had already been examined, and that a co-accused in the same FIR had already been granted bail. Given the complainant's own testimony about voluntary association with the petitioner and the completed trial evidence, the Court found the overall facts favoured bail. It granted regular bail on a personal bond of Rs. 50,000 with standard conditions (reporting to police weekly, not influencing witnesses, providing address/mobile details).

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Kundan Kumar vs. State NCT of Delhi & Anr.

The Court relied on earlier Delhi High Court rulings holding that whether a broken promise of marriage was "false" from the outset (criminal) or a mere "breach" (not criminal) is a question for trial, not something requiring custodial interrogation. Noting the investigation was complete and the applicant had no prior criminal record, the Court granted regular bail on a personal bond of Rs. 25,000 with conditions, clarifying the order was not an opinion on the merits.

Decided 7 Oct 2026Read case