Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 304, 411, 34 -- Bail - Offence u/ss 379-B, 304, 411, 34 IPC - Accused is in custody since 02.03.2022 - There is no likelihood of trial concluding in near future as 18 more PWs remain to be examined - Accused is not involved in any other criminal case - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Husband despite allegation of adultery made efforts to reside with wife and he filed application u/s 9 of Hindu Marriage Act - Allegation of adultery was purely made on basis of doubt - Evidence adduced by husband is thus, not sufficient enough to draw a conclusion that wife was living in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband is continuously residing at Mumbai which is a metro city - Maintenance of Rs.4000/- p.m to wife and two minor children as ordered by trial Court is not a huge amount - Maintenance rightly awarded...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Merely because other accused are acquitted, it cannot be a ground not to continue investigation against accused - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Rigours of S.45 of PML Act is applicable even with respect to application u/s 438 Cr.P.C - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - High Court while granting anticipatory bail to accused has not considered the nature of allegations and seriousness of offences alleged of money laundering - Enquiry/investigation is going on against accused with..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - In cases where a reversal of acquittal is sought, Courts must keep in mind that presumption of innocence in favour of accused on the grounds of it surviving rigours of a full trial, is strengthened and stand fortified...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Bank Manager - Defence sought to be raised not put to cross examination of PW1 - Any defence raised at subsequent stage can certainly be termed as after thought - Trial Court was justified in dismissing application for summoning the witness and..........
Criminal Procedure Code, 1973, Section 439, 41A -- Bail - Non-compliance of the provision of S.41-A Cr.P.C, would entitle accused to be released on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Three doctors sought to be summoned by complainant were already mentioned in the list of witnesses filed along with challan - Application for summoning those witnesses were allowed by trial Court, however, on account of their incomplete address those witnesses could not be served and..........
