Criminal Procedure Code, 1973, Section 439 -- Bail - Gravity alone cannot be decisive ground to deny bail, rather competing factors are required to be balanced by Court while exercising its discretion...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Prevention of Women from Domestic Violence Act, 2005, Section 6 -- Bail - Kidnapping and rape - Victim girl was more than 17 years old and was capable of understanding or answering questions put to her by Court - She was not kidnapped by taking undue advantage of her innocence - Charge..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 6 -- Bail - Offence u/ss 363, 366-A IPC and Ss.3, 4, 6 of POCSO Act - In absence of DNA report and the fact that prosecutrix not supported the case of prosecution while appearing in witness box and rather declared..........
Criminal Procedure Code, 1973, Section 482, 202 -- Quashing of summoning order - Summoning order passed without any discussion of allegations made in the complaint or statement of complainant and his witnesses as recorded u/ss 200 and 202 Cr.P.C. - Impugned summoning order is cryptic and does not stand the test laid down by High Court - Summoning order quashed - Court..........
Criminal Procedure Code, 1973, Section 372 - - Appeal against an inadequate sentence - At the instance of victim not maintainable...........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Conditional release of vehicle cannot be denied solely for the reason that vehicle and other articles are likely to be confiscated after trial - Vehicle held, released on supardgi till completion of trial with conditions...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Quashing of proceedings - Offence u/ss 409, 467, 468, 471 IPC - Compromise - Parties have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - When once disputes has been settled by mutual compromise, then no..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 354, 294, 149, 354(B), 223, 506 -- Anticipatory bail - Offence u/ss 341, 354, 294, 149, 354(B), 223, 506 IPC - Admittedly, parties are litigating over a dispute land - Allegations and records shows that allegations are vague and there is no specific role attributed except that accused tore..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 365, 366A, 370A, 376D, 34, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 363, 365, 366-A, 370-A, 376-D, 34 IPC, S.6 POCSO Act and S.3 SC/ST Act - Prosecutrix and..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - There is no restriction or prohibition in releasing a vehicle to interim custody of proper person on the ground that it was used for commission of an offence...........
