Criminal Procedure Code, 1973, Section 439 -- Bail - Denial of bail on ground of pendency of other cases/convictions - In all probability would lend the accused in a situation of denial of concession of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Offence u/ss 420, 467, 468 & 471 IPC - Accused already suffered incarceration for a period of 02 years, 02 months and 21 days - Out of total 11 prosecution witnesses, none has been examined so far - Conclusion of trial will take long time - Denial of bail on ground of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within prescribed limit and cognizance taken by Court - Accused cannot claim statutory right of default bail merely because some investigation u/s 173(8) Cr.P.C may be required...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Right of I.O. for further investigation u/s 173(8) Cr.P.C is not taken away only because charge sheet is filed u/s 173(2) Cr.P.C against accused...........
Criminal Procedure Code, 1973, Section 319, 227 -- Summoning of additional accused - Person who is summoned u/s 319 Cr.P.C, cannot avail the remedy of discharge u/s 227 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prosecutrix levelled specific allegations against additional accused summoned while recording her statement u/s 164 Cr.P.C during course of investigation - Order of summoning of additional accused is proper...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - When there is fixed term sentence and especially when appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted...........
Criminal Procedure Code, 1973, Section 233(3) -- Defence witness - Witness shown in prosecution list but not examined on behalf of prosecution - Such witness can be examined as a defence witness...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If wife is living separately by mutual consent then she is not entitled for allowance of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife living separately on basis of mutual agreement - Husband resiled from the promises made in the agreement - It cannot be said that wife is living separately by mutual consent - Husband directed to pay maintenance of Rs.5000/- p.m to wife and Rs.2500/- each per month to children, payable from date of..........