SC To Implement System To Electronically Transmit Bail Orders To Prisons To Prevent Delay In Release Of Prisoners
As per the Chief Justice of India, N V Ramana, to avoid delay in the release of prisoners who have been granted bail, the Supreme Court is evolving a system that will transmit bail orders electronically. The scheme being contemplated is called FASTER which is short for Fast And Secure Transmission of Electronic Record. As mentioned by the CJI, the authorities would try to implement the scheme within one month. The remarks were given when a Bench headed by the CJI was hearing a suo moto case related to delayed release of prisoners who had been granted bail.
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Bombay HC: Sexual Assault Without Penetration Is Still Rape
The Bombay High Court has held that sexual assault which takes place without penetration also falls under the ambit of Rape in Section 376 of the Indian Penal Code. The Court went ahead with the conviction of the accused, who was a 33 year old man in this case. In 2019, the Trial Court has sentenced him to 10 years of rigorous imprisonment. The decision of the Trial Court was upheld by Justice Revati Mohite-Dere.
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Allahabad HC Denies Bail To Nurse Accused Of Throwing Unused COVID Vaccines
The decision was given by the Bench of Justice Rahul Chaturvedi. The Allahabad High Court has denied the grant of pre-arrest bail to a nurse who has been accused of allegedly wasting 29 doses of the COVID 19 vaccine without administering to the beneficiaries. The Court has remarked that the offence was of a grave nature and harmed the society at large. She has been charged under Sections 203, 176, 465, 27 and 120B of the Indian Penal Code, Section 3/4 of the Pandemic Act and Section 3/4 of the Prevention of Damage to Public Property Act, 1984.
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Madras High Court: Purpose of NIA Is Defeated When Ordinary Bomb Cases Are Treated As Terrorist Acts
The case was of Jaffar Sathiq @ Babu V. State. The decision was given by Justice Justice V Sivagnanam, Justice P N Prakash and Justice R N Manjula. The Court has held that treating every bombing case as a terrorist offence would defeat the very purpose of the National Investigation Agency Act. The Court also took notice of the difficulties that would arise if all cases would be notified under the NIA Act and sent to ‘Special’ NIA Courts.
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Supreme Court: Accused Cannot Be Discharged Under S. 306 IPC While Confirming Charge Under S. 304B IPC
The case was of Bhagwanrao Mahadeo Patil V. Appa Ramchandra Savkar. The decision was given by Justice Vineet Saran and Justice Dinesh Maheshwari. It was observed by the Apex Court that an accused cannot be discharged for an offence committed under S.306 IPC while the charges under S.304B were confirmed against him. The Court relied on the judgement given in the case of Bhupendra V. State of Madhya Pradesh, which held that when a charge under S.306 is framed, a party can be discharged under S.304B but not the other way around.
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SC Allows Delhi Doctor To Pursue Higher Studies; Says Courts Cannot Be Oblivious To Legitimate Expectations
In the case of Dr Rohit Kumar v. Secretary Office, Lt Governor, Delhi, the doctor was allowed to pursue his higher education after he had been denied admission, since the Delhi Government had given a direction as to not grant study leaves to doctors, in wake of the COVID 19 pandemic. The Supreme Court had remarked that the courts cannot be oblivious to the plight of the Appellant as such ignorance would result in gross injustice to the COVID warriors. The decision was given by the Bench consisting of Justice Indira Banerjee and Justice V Ramasubramanian.
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