Does Withdrawal of a Habeas Corpus Petition Under Article 226 Preclude Substantive Adjudication on the Merits?

The court permitted withdrawal of the habeas corpus petition at the petitioner’s request, without passing any substantive order on the legality of detention. This judgment maintains established procedure, confirming that withdrawal terminates proceedings without adjudication on merits. Precedential value is limited to procedural guidance for habeas corpus petitions in similar contexts before the Punjab & […]

Can Criminal Proceedings under the Bharatiya Nyaya Sanhita, 2023 be Quashed upon Compromise? Scope of Section 482 CrPC Reaffirmed by High Court

The High Court reaffirms the power to quash FIRs under Section 482 CrPC in light of a genuine compromise between parties, upholding established precedents in the context of offences under the Bharatiya Nyaya Sanhita, 2023. The decision solidifies the precedent for quashing proceedings where compromise is genuine and conviction is unlikely.   Summary Category Data […]

Can High Courts Quash Non-Compoundable Offences Under BNS Based on Genuine Compromise?

The High Court of Punjab and Haryana confirms that its inherent powers under Section 482 CrPC permit the quashing of FIRs in non-compoundable offences under BNS where parties have arrived at a genuine, voluntary compromise. This reaffirms and applies established Supreme Court and Full Bench principles, extending their operation to the Bharat Nyaya Sanhita (BNS), […]

When Should Bail Be Granted in Serious GST Evasion Cases Under the CGST Act? Clarifying Bail Jurisprudence for Economic Offences

High Court reaffirms that, even in grave economic offences under the CGST Act, bail is the rule and not the exception—denial of bail cannot be automatic based solely on seriousness or scale of alleged fraud. Upholds Supreme Court and High Court precedent, emphasizing case-by-case analysis. Precedent is binding for all subordinate courts on bail in […]

Can Long Pre-Trial Custody Mandate Bail in Non-Bailable, Grave Offences Despite Serious Allegations? — High Court Reaffirms Directive on Bail under Article 21

The Punjab & Haryana High Court reiterates that prolonged incarceration and delay in trial justify bail even in serious IPC cases, so long as case circumstances warrant and Article 21 protections are at stake—relying on Supreme Court precedent, this decision bolsters the principle for all subordinate courts in Haryana and Punjab.   Summary Category Data […]

When Can a Second Appeal Be Dismissed for Non-Prosecution Under Long Pendency? Does Such Dismissal Permit Later Revival of the Appeal as a Matter of Legal Precedent?

A High Court oral judgment reaffirms the discretionary power to dismiss long-pending appeals for non-prosecution, clarifying that revival is possible within a fixed period. The decision upholds existing practice, serving as a binding precedent for similar future dismissals in civil appellate matters.   Summary Category Data Case Name RSA/1412/2001 of BHAGAT SINGH Vs MAJOR SINGH […]

When Can High Courts Entertain Writ Petitions Despite Alternative Remedy: Reaffirming the Natural Justice Exception Under Articles 226/227?

The Orissa High Court, applying binding Supreme Court precedent, reaffirmed that writ jurisdiction under Articles 226 and 227 may be invoked even if alternative remedies exist, specifically where the principles of natural justice are violated. This judgment follows the established law and reinforces its consistent application, providing binding authority within the State and valuable reference […]

Is Continued Pre-trial Detention Justified When the Trial Progresses Slowly, Accused Has Clean Antecedents, and Investigation Is Complete?

New Clarification on Bail Principles: Upholding ‘Bail as Rule, Jail as Exception’ under Article 21 and Relying on Dataram Singh – Binding Authority for Pre-trial Bail Applications in Protracted Trials   Summary Category Data Case Name CRM-M/26659/2025 of SURAJ Vs STATE OF PUNJAB CNR PHHC010756312025 Date of Registration 13-05-2025 Decision Date 30-10-2025 Disposal Nature ALLOWED […]

Does Joining Investigation and Non-requirement of Custodial Interrogation Mandate Grant of Anticipatory Bail under Section 482 of BNSS?

The judgment reaffirms that when an accused has joined investigation and the State confirms custodial interrogation is not necessary, anticipatory bail should be confirmed, barring exceptional circumstances. This ruling aligns with prevailing precedent and serves as binding authority for subordinate courts in Punjab and Haryana, relevant to all criminal matters governed by BNSS.   Summary […]

When Does Filing of a Cancellation Report Render a Quashing Petition Infructuous Under Section 482 CrPC?

The High Court clarified that where a cancellation report is submitted by the prosecution following an order directing further investigation, a pending quashing petition under Section 482 CrPC becomes infructuous. The decision reaffirms established practice and provides binding authority for subordinate courts within the Punjab & Haryana jurisdiction.   Summary Category Data Case Name CRM-M/28720/2024 […]

When Will the Orissa High Court Entertain a Writ Petition under Article 226 Despite Alternate Remedy? (Reaffirmation: Natural Justice Violations as a Carve-Out)

The Orissa High Court reaffirms that writ jurisdiction under Articles 226 & 227 remains available despite alternate remedies where there is breach of natural justice principles. This judgment, following Supreme Court precedents, upholds settled law and serves as binding authority for similar procedural violations in quasi-judicial and administrative proceedings.   Summary Category Data Case Name […]

Does Prolonged Pre-Trial Incarceration Justify Grant of Bail When Trial Is Delayed? Clarification of Bail as the Rule and Jail as the Exception by the Punjab & Haryana High Court

The High Court reaffirms that extended custody pending sluggish trial progression, without conviction, violates Article 21 rights. The precedent upholds the Supreme Court’s “bail is the rule” principle and is binding within the State, guiding bail applications where trial delay is apparent.   Summary Category Data Case Name CRM-M/26659/2025 of SURAJ Vs STATE OF PUNJAB […]