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Showing posts with the label bail

Navigating Shadows: Supreme Court's Verdict on Circumstantial Evidence and Identification Pitfalls

Supreme Court's Verdict on Circumstantial Evidence In the intricate tapestry of evidence law, where shadows of doubt can unravel convictions, the Supreme Court of India recently delivered a landmark ruling that reaffirms the sanctity of procedural rigor. On October 6, 2025, in Nazim and Ors. v. The State of Uttarakhand (Criminal Appeal No. 715 of 2018), a bench comprising Justices M.M. Sundresh and S.C. Sharma acquitted three appellants in a grisly child murder case, spotlighting the frailties of circumstantial evidence , the "last seen" theory, the absence of Test Identification Parades (TIP), and the pivotal role of scientific evidence . This decision, authored by Justice S.C. Sharma, serves as a clarion call for courts to tread cautiously, ensuring that suspicion never masquerades as proof. As India grapples with evolving forensic capabilities and witness vulnerabilities, this judgment underscores the enduring principles governing convictions built on inference rat...

Landmark Bail Decision in NDPS Case: Upholding Justice and Constitutional Rights

As a practicing advocate at the Delhi High Court and Supreme Court, I am pleased to share insights from a significant recent judgment by the Punjab and Haryana High Court in Rohit Sharma Alias Raju v. State of Punjab (2025 NCPHHC 61133). This case underscores the judiciary’s commitment to balancing legal rigor with constitutional protections, particularly under Article 21 of the Constitution of India.In this case, the petitioner, accused under Section 22(c) of the NDPS Act, 1985, for possessing a commercial quantity of Tramadol tablets, sought regular bail after nearly three years in custody. The court, presided over by Hon’ble Mr. Justice Sandeep Moudgil, granted bail, emphasizing that “bail is the rule and incarceration the exception.” Key factors influencing the decision included the petitioner’s lack of prior criminal history, the prolonged custody period (2 years, 11 months, and 3 days), and the anticipated delay in trial completion, with only 3 of 16 prosecution witnesses examine...