Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Mere absence of accused cannot give rise to a presumption that he is evading arrest, which in turn cannot be sole ground to issue warrant of arrest...........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Order issuing warrant of arrest, without recording satisfaction that accused are evading their arrest, is not in consonance with provision of S.73(1) Cr.P.C - Satisfaction of Court should be reflected in order itself - Order by which no, bailable warrant of arrest issued against petitioners quashed and set..........
Criminal Procedure Code, 1973, Section 82 -- Issuance of processes u/s 82 Cr.P.C - Merely because accused are absent, Court issued process u/s 82 Cr.P.C in a most mechanical manner without recording subjective satisfaction as to why it is necessary to issue proclamation - No material on record that Court has reasons to believe that petitioners have absconded or are..........
Criminal Procedure Code, 1973, Section 83 -- Attachment of property u/s 83 Cr.P.C - In a case where processes in terms of Ss.82, 83 Cr.P.C are issued separately, then without recording a statement as envisaged u/s 82(3) Cr.P.C, attachment order u/s 83 Cr.P.C cannot be issued - Since there is no statement in compliance of S.82(3) Cr.P.C on record, order of attachment u/s 83..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Jurisdiction of Supreme Court with regard to S.227 Cr.P.C is limited and should not be exercised by conducting roving enquiries on the aspect of factual inferences...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Cheating - Civil dispute between parties - Charge sheet has already been filed and there is no requirement of applicants for investigation - Accused has no criminal history - Bail granted...........
Indian Penal Code, 1860, Section 420, 120B, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 120-B, 467, 468, 471, Prevention of Corruption Act, 1988, S.13(1)(d) - Quashing of FIR - Large scale corruption and siphoning of government funds - Land acquisition for the plant of Bhartiya Rail..........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Abetment of suicide - Neither there is any allegation of demand of dowry nor any motive for abetment or instigation so as to drive deceased to commit suicide - Investigation is going on unhampered - Accused is in judicial custody since April 2020 - He has no criminal history -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Order passed in bail is not a final judgment in trial...........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Words `other condition' or `any condition' as refereed in Ss.437(3), 439(1)(a), 438(2)(iv) Cr.P.C should be similar in nature - However, Court cannot impose `any condition' it likes while granting bail but it has to be reasonable and pragmatic...........
