Criminal Procedure Code, 1973, Section 439 -- Bail - Condition to deposit National Saving Certificates in the sum of Rs.50 lakhs with trial Court - Condition imposed is onerous - Condition imposed, set aside...........
Criminal Procedure Code, 1973, Section 438 -- Interim protection - Relaxation of condition - Accused directed not to enter village - Since, investigation is complete and State can file charge sheet - Relaxation as prayed for granted...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court while granting bail to accused overlooked several aspects, such as potential threat to witnesses, forcing trial Court to grant protection - Order of High Court granting bail to accused set aside...........
Criminal Procedure Code, 1973, Section 482, Insolvency and Bankruptcy Code, 2016, Section 14, 17 -- Power u/s 482 Cr.P.C - Cannot be used to undermine Statutory dictate u/ss 14, 17 of IBC...........
Criminal Procedure Code, 1973, Section 482 -- Power u/s 482 Cr.P.C may not be available to Court to countenance breach of a statutory provision - Words `to secure the ends of justice' in S.482 Cr.P.C cannot mean to undermining of a statutory dictate...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Medical ground - Petitioner sought transfer of two criminal cases from West Bengal to New Delhi - However, after examination of 32 witnesses, it will not be in the interest of justice to order transfer - Co-accused in first case cannot ask to travel Delhi and expect to defend case effectively - Transfer..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder of 5 persons - Duty to record reasons is significant safeguard which ensures that discretion which is entrusted to Court is exercised in a judicious manner - Succession of orders of granting of bail by recording that `respective parties do not press for further reasoned order' without recording any..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder of 5 persons - High Court while granting bail to accused persons overlooked the cross FIR lodged by A-6 - Post mortem reports indicate that extensive nature of bodily injuries were sustained by each of five deceased - Whether deaths occurred as a result of bullet wounds or otherwise can make no..........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Discharge - Defence on merit is not to be considered at the stage of framing of charge and/or at the stage of discharge application...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Discharge - At the stage of framing of charge and/or considering discharge application, mini trial is not permissible...........