Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - First production before Magistrate - Held, nowhere u/s 167(2), Cr.P.C. prescribes date of arrest as reckoning period for commencing period of 90 days - It is only from date of first production before Magistrate that has to be accounted for qualifying for what is called as default bail...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Order directing registration of case and investigation - Order passed by Magistrate u/s 156(3) has already been executed and FIR has been registered against accused - Revisional Court, inspite of this fact entertained revision of accused and also stayed their arrest till submission of charge-sheet - Held, this was..........
Criminal Procedure Code, 1973, Section 82(1),82(4), Indian Penal Code, 1860, Section 174A, 498A,406 -- Proclaimed person and Proclaimed offender - Distinction - Accused evading warrant of arrest in offence u/ss 498-A, 406 IPC - Held, person who are absconding or concealing themselves to evade execution of warrants of arrest, could be `proclaimed persons' - They could be..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - HC granted anticipatory bail to petitioner - They approached Magistrate praying for grant of regular bail - Magistrate rejected bail application and issued no, bailable warrant against them - Validity - Held, when there was an order of HC that petitioners shall be enlarged on bail in event of their arrest,..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for injunction - Willful disobedience of - Issuance of warrant of arrest - Held, to attract O.21.R.32 of the Code, there must be evidence of willful disobedience of decree for injunction...........
Criminal Procedure Code, 1973, Section 389 -- Conviction - Appeal - Bail - Appellant invited deceased to her room - Deceased found lying on the floor in a dead condition in his underwear and vest - Suspicion expressed by informant against appellant - In cross-examination appellant implicitly admits her presence in house - Apart from making a bald statement that she was not..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Imposition of condition - Sustainability of - Impugned order directs submitting of Rs.15 lakhs in form of a FDR in lieu of streedhan articles of petitioner however, petitioner has been permitted to go to USA without any condition being imposed with the result that there is no condition to ensure..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused arrested immediately after the incident with the blood stained 'Balkati' - Admitted to have assaulted the deceased in his statement u/s 313 Cr.P.C. and also admitted his arrest from the spot - FIR promptly lodged - Non mention of name of P.W.2 in FIR not fatal to prosecution case when testimony of witnesses inspires..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1) -- Secret information - No attempt made to record the secret information nor any attempt made to send it in writing to the higher officer - Mandatory requirement not complied in regard to search, seizure and arrest of accused...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - - While issuing notice on 30.06.2008, Court directed stay of arrest of appellant - Complainant had filed an application for impleadment as a party respondent in this case - Nobody appears today to press this application - Held, in the facts and circumstances of this case said order is made..........
