Showing : 1991-2000 of 14550 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 437(3), 438-- Bail - S.437(3) Cr.P.C. allows Courts to impose conditions in interest of justice - But such conditions cannot be arbitrary, fanciful or extend beyond ends of provision - In instant case, High Court while granting anticipatory bail exceeded its jurisdiction in imposing such arbitrary conditions -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Factors for granting bail are: (i) nature of accusation and severity of punishment in case of conviction and nature of supporting evidence; (ii) reasonable apprehension of tampering with witness or apprehension of threat to complainant; (iii) prima facie satisfaction of Court in support of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Right to bail is not to be denied merely because of sentiments of community against accused...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Bomb blast - Criminal conspiracy - Successive bail applications - Accused being Army Officer provided explosives with common object of causing bomb blast - Variations found in charge sheets filed by Anti-Terrorist Squad (ATS) and National Investigation Agency (NIA) - Trial likely to take..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307-- Framing of charge u/s 307 IPC - Injured received three injuries in incident, out of which two are abrasion on fingers and third injury on parietal region caused by blunt weapon - Injury sustained are simple in nature - Even police in charge came to conclusion that offence u/s 307 IPC not made out..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 417, 465, 468, 471-- Further investigation - Compliant for offence u/ss 417, 465, 468, 471 IPC - Application for further investigation filed in order to frame charges u/ss 497, 498, 306 IPC - Allegations in the complaint were investigated from all angles and charges already farmed against accused - Trial Court has..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 340, 341, 343-- Complaint u/ss 340, 341 Cr.P.C. - If trial Court on receipt of complaint is satisfied that materials on record are adequate enough, it shall, as per mandate contained in S.343(1), deal with the case as if instituted on a police report - In case, complaint is filed without preliminary enquiry, it..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 340, 341, 343-- Complaint u/ss 340, 341 Cr.P.C. - To be treated as a case instituted on a police report - However words `as far as may be' by no means can be totally ignored - These words acknowledge the discretion of trial Magistrate to obtain further materials by way of an inquiry even if summary in nature, if..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 340, 341, 343-- Compliant u/ss 340, 341 Cr.P.C. - Procedure prescribed for cases instituted otherwise than on police report - Not attracted qua a complaint u/ss 340 and/or S.341 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973-- Case instituted on police report and case instituted otherwise than on police report - Difference - In former case, there is no scope for prosecution to examine any witness at the stage where Magistrate is to consider whether a charge is to be framed or not - Whereas, in cases instituted otherwise..........

Showing : 1991-2000 of 14550 Results