Constitution of India, 1950, Article 21, 22(1), Criminal Procedure Code, 1973, Section 304 -- Death sentence without giving assistance of counsel for defence - Fair trial - De novo trial - For an occurrence of 1997, appellant, a Pakistani, was arrested in 1998 and since then he is in judicial custody - Charge against him was framed on 18.02.1999 and it took more than five..........
Criminal Procedure Code, 1973, Section 239, 240, 397, 401 -- Framing of charge - Revision against - Revisional Court can examine the correctness of the order framing charge by reference to the documents referred to in Ss.239 and 240 of Cr.P.C - Charge cannot be quashed on the basis of documents which accused may produce except in exceptional cases where documents are of..........
Criminal Procedure Code, 1973, Section 216 -- Framing of charge - At the time of framing charge or taking cognizance accused has no right to produce any material - At this stage defence of accused cannot be put forth...........
Criminal Procedure Code, 1973, Section 211 -- Charge - Trial Court framed the charge - High Court in its revisional jurisdiction cannot reappraise the evidence - It is the trial Court which has to decide whether evidence on record is sufficient to make out a prima facie case against the accused so as to frame charge against him...........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420B, 468, 471, 109 -- Bail - Offence u/ss 13(2), 13(1)(d) Prevention of Corruption Act and Ss.420-B, 468, 471 & 109 IPC - Economic offence of huge magnitude - Investigation completed and charge sheet filed - No serious allegation that..........
Prevention of Corruption Act, 1988, Section 7, 13, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 142 -- Reduction in sentence - High Court, in exercise of its jurisdiction, u/s 482 Cr.P.C. and Supreme Court, under Article 142 of the Constitution, would not ordinarily direct quashing of a case involving crime against society particularly,..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If an application for default bail is filed on the ground that charge sheet is not filed within 90 days but before the consideration of the same and before being released on bail, if charge sheet is filed, the said right to be released on bail is lost - After filing of charge sheet, accused can be released on..........
Criminal Procedure Code, 1973, Section 226,227,228 -- Criminal Procedure Code, (as applicable in the State of Jammu and Kashmir), Ss. 267, 268 and 269 - Framing of charge - Error therein - Charge framed and read over to accused - Accused thereafter asked whether he had understood contents of charge which was read and explained to him - Accused answered in affirmative -..........
Criminal Procedure Code, 1973, Section 173(8) -- Supreme Court is competent to entrust investigation to any independent agency - Once the investigating agency submits the report then it is the Court in which the charge sheet is filed which is to deal with all matters relating to the trial of the accused including matters falling with the scope of S.173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 70, 71, 476 -- Non bailable warrants - Guidelines issued for issuance of non bailable warrants viz. (1) Courts to use printed and machine numbered Form No.2 for issuing warrant of arrest and each such form to be duly account for; (2) Complete particulars of the case to be mentioned on the warrant; (3) Presiding Judge should put his..........
