Showing : 351-360 of 12212 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Normal rule is bail and not jail - Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused involved in that crime...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Gravity alone not a decisive ground to deny bail - Competing factors are required to be balanced by Court while exercising its discretion - Object of bail is to secure appearance of accused person at the trial by reasonable amount of bail - Object of bail is neither punitive nor..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 435-- Remission - Conversion of death sentence into life imprisonment is said to be special category of sentence and therefore, imposing life sentence without remission is permissible...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 65, 85, Drugs and Cosmetics Act, 1940, Section 18A, Criminal Procedure Code, 1973, Section 439-- Recovery of prohibited drugs without valid licence - Bail - Accused not fit to be kept in jail for indefinite period - Accused suffering from heart disease and his blood sugar is uncontrolled and is required to visit medicine department frequently - Though petitioner alleged to be involved in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 50 Kg. Poppy husk and 30 Kg. Chura Dana Posat (Poppy seeds) - Recovery of poppy husk is non commercial and poppy seeds do not fall under the purview of NDPS Act - No other case against accused - All the prosecution witnesses are official witnesses and there is no possibility..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 116(6), 111, 107, 150-- Enlargement of time for inquiry - Inquiry u/s 111 Cr.P.C - Proceedings u/s 107, 150 Cr.P.C - Provision contained in S.116(6) Cr.P.C is mandatory not directory and inquiry is required to be completed within 6 months - Incomplete inquiry can be continued only if Magistrate passes an order extending..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Court cannot mechanically issue process u/s 319 Cr.P.C. whenever in a statement before the Court, name of any person is taken - Rather Court has to consider substance of the evidence, which has come before it...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Neither FIR nor charge sheet mention the name of appellants - Complainant mentioned the names of appellant for first time in High Court that too without any substantive evidence - Impugned order of High Court to summon additional accused, not justified, hence set..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302-- Cancellation of bail - Murder - State failed to file petition seeking cancellation of bail against accused - State remained negligent and did not even feel it necessary to enter appearance and contest the matter - It is only after High Court took serious view and directed State to muster his..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Closing of proceedings - It is only when cheque amount with interest and cost as assessed are paid by a specific date, Court is entitled to close proceedings in exercise of its power u/s 143 N.I. Act r/w S.258 Cr.P.C and thereafter discharge accused and not beyond that...........

Showing : 351-360 of 12212 Results