Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - While considering application for cancellation of bail, Court is to consider gravity and nature of offence, prima facie case against accused, position and standing of accused - If there are very serious allegations against accused, his bail may be cancelled even if he has not misused bail granted to..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 406, 498A -- Cancellation of bail - Offence u/ss 406, 498-A IPC - Allegations in FIR disputed questions of facts and same can be decided during trial - Case is fixed for recording of statements of PWs - Challan has been presented and charges framed - Bail granted to respondent No.4 cannot be..........
Criminal Procedure Code, 1973, Section 154 -- FIR - No duration of time can be fixed as reasonable for giving information of crime to police - Question of reasonable time is a matter of determination by Court in each case...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Delayed FIR - Murder - All male members of family of deceased were injured in the incident - Deceased was in a serious condition - Priority for complainant party and police was to provide him immediate medical aid and not to lodge report - Report lodged after death of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of 8 quintals and 5 kgs poppy husk - Accused implicated repeatedly at the instance of one particular police official - Investigation complete and challan already presented - Bail granted...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Complaint u/s 307 IPC - Magistrate can take cognizance of an offence and not offenders - Power of magistrate not restricted to summon only those accused who are arrayed in charge sheet - Magistrate can summon even those persons whose names have been deleted from charge sheet by police - Magistrate's..........
Criminal Procedure Code, 1973, Section 439 -- Murder case - Interim temporary bail - Female accused delivered a child in jail hospital - Motive attributed to accused for killing her mother-i, law would be debatable issue at trial - Chances of tampering with evidence is not much as complainant is none else but son of deceased - Bail granted - It is ordered that accused..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 308, 323, 325, 506, 34 -- Compounding of offence - Offence u/ss 308, 323, 325, 506, 34 IPC - Dispute between parties resolved amicably - Compounding applications are supported by joint compromise duly signed by parties - Injured witness not interested in prosecuting the accused - Although S.308..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Failure and lapses in police investigation can fall in two categories: (i) where the irregularities and failure in given facts proved and established are insignificant and immaterial when the evidence on record is credible and trustworthy, Court can rely and base it judgment and findings without compelling..........
Criminal Procedure Code, 1973, Section 227, 91 -- Framing of charge - Summoning of record or looking into defence material at the stage of framing of charge - Accused has no right to produce any document - Court cannot hold a mini trial at this stage - Impugned order allowing defence to place on record attendance register, set aside...........
