Showing : 331-340 of 3844 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Court not to go deep into merits of the matter while considering an application for grant of bail...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - While considering application for grant of bail, Court must take into account certain factors such as existence of a prima facie case against accused, gravity of allegations, position and status of accused, likelihood of accused fleeing from justice and repeating offence, possibility of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 301, 24-- Role of Public prosecutor - Duty is cast on Public Prosecutor to act with responsibility - Public Prosecutor is expected to act as an independent person and not to be totally guided by instructions of Government but is required to assist the Court...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 321-- Withdrawal from prosecution - Public Prosecutor had not applied his mind but had only placed Government notification on record - Public Prosecutor acted like a post office and Magistrate by allowing the application u/s 321 Cr.P.C has passed an order not within parameters of S.321 Cr.P.C - High..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - Obligation is on I.O. to communicate report to Magistrate - Delay in submitting report is always taken as a ground to challenge the veracity of FIR and day and time of lodging FIR - But mere delay in sending report itself..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - On delayed dispatch of FIR, some prejudice have to be proved by accused - Prejudice which sought to be projected by accused is that in FIR names of only 7 accused were mentioned but in report sent to Magistrate there were 10..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Suppression of earlier FIR - FIR in hand cannot be considered as FIR - At the most it can be considered as statement recorded u/s 161 Cr.P.C. - Delay in lodging FIR not explained - These factors together cast grave doubt on the credibility of prosecution version and lead to conclusion that..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 212(7)-- Bail - Offence u/ss 212(6)(ii), 212(7) of Companies Act - High Court vide its impugned order released the respondent - However, reasons assigned by High Court in its interim order are not confined to issue of validity of alleged Sections under Companies Act or concerning grant of bail, but prima..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(3)-- Appeal against acquittal - Rejection of leave to appeal - Unreasoned order - Application for leave to appeal dismissed by High Court without assigning any reason - It was a clear case of no, application of mind, because impugned order neither sets out facts nor submission of parties nor findings..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Case involving embezzlement to the tune of Rs.2.78 Crores - Bail granted to accused subject to deposit of Rs.50 lakhs - Condition imposed by High Court will not be sufficient, as High Court directed deposit of Rs.50 lakhs on the premise that financial fraud involved in the case is around..........

Showing : 331-340 of 3844 Results