Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Sanction for prosecution - Offence u/s 409 IPC - Offence has been committed during course of service of petitioners but not in discharge of their official duties - Act of petitioners in taking away document as alleged can never be a part of their official duty - Prior sanction for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 120B -- Quashing of charge sheet - Offence u/ss 409, 120-B IPC - Documents which have been allegedly misappropriated, have been found to be missing by Department itself, a fact duly admitted by counsel for petitioner - Merely because Department chose not to proceed against petitioners would..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Victim has not identified accused during course of trial - There is no DNA examination conducted in the case - Conclusion of trial is likely to take sometime - No fruitful purpose will be served by detaining accused in further custody - Without expressing any opinion on merits..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 471, 120B -- Quashing of proceedings - Compromise - Cheating - Dispute between parties settled in view of compromise - No possibility of accused being convicted in the case pending against them - Proceedings qua accused quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Condition of furnishing bank guarantee of Rs.15 lacs - Petitioner moved application for grant of permission to go abroad was allowed with condition of furnishing bank guarantee of Rs.15 lac - Petitioner submitted that he is ready to comply with all terms and conditions of order and has challenged the order..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - High Court declined prayer and observation given that accused shall not approach Court "before a minimum period of three years from the date of conviction" - Held, seeking relief of suspension of execution of sentence and to be released on bail is statutory right of accused -..........
Criminal Procedure Code, 1973, Section 433, 435 -- Pre-mature release - Policy prevalent at the time of conviction shall be taken into consideration for considering premature release of a prisoner...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - There is no time frame within which supplementary report has to be submitted - However, whenever an investigation is kept pending u/s 173(8) Cr.P.C, same shall has to be done or completed within a reasonable time period...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Directions issued to all SHOs across State of Rajasthan and judicial officers that: (i) whenever a further investigation is kept pending for want of other material or trace of accused or for whatever reasons, it would be incumbent upon IO/SHO to move an application before..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 120B -- Bail - Misappropriation of huge money - Serious allegations of siphoning off huge amount through various shell companies alleged against accused - High Court while releasing accused on bail, has not at all considered the relevant factors including nature and..........
