Showing : 451-460 of 3820 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Accused not arrayed as accused in charge sheet but were cited as witnesses - However, High Court while allowing application erroneously assumed that without following procedure u/s 306 Cr.P.C., accomplice cannot be cited as witness - More so, whether rejecting..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 437(3)-- Phrase `interest of justice' used in S.437(3)(c) Cr.P.C. means `good administration of justice' or `advancing the trial process' and inclusion of broader meaning should be shunned because of purposive interpretation...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 455, 427-- Anticipatory bail - Offence u/ss 455, 427 IPC - CCTV footage of incident displayed in open Court - Presence of accused in entire occurrence noticed - Accused directly involved in breaking open door of room and removing articles lying there with help of co-accused - They damaged property of..........
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 173(8)-- Further investigation - Applicant is not complainant, as complaint in question was instituted by his mother - Further investigation cannot be directed at instance of applicant, as trial Court had already framed charges and taken cognizance of case against accused - Moreover, prayer for further..........
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..........

Showing : 451-460 of 3820 Results