Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Falsity of accusation, delay in lodging FIR or plea of alibi, are not germane to adjudication of application seeking grant of default bail...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376AB, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Default bail - Rape - Non-filing of FSL report with challan does not make the challan incomplete, as for an offence of sexual assault, final report would be complete on statement of prosecutrix u/ss 161, 164 Cr.P.C..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Reasoned judgment was pronounced and uploaded after a period of almost 5 months - Impugned judgment and order of acquittal passed by High Court without further entering into merits of case nor expressing anything on merits in favour of either party set aside - Matter remanded for fresh decision...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - There is no separate provision for compensation in Negotiable Instruments Act and for compensation in criminal cases provision of S.357 Cr.P.C will be attracted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conversion of fine into compensation - Magistrate has not convicted accused for any sentence - Conversion of fine into compensation u/s 357(3) Cr.P.C thus, illegal, because provision of S.357(3) Cr.P.C will come into force only when Court imposes a sentence of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - In cases u/s 138 of Negotiable Instruments Act, compensation can be granted only u/s 357(1)(b) Cr.P.C and not u/s 357(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29 -- Dishonour of cheque - Imposition of sentence - Power of Magistrate - Judicial Magistrate of First Class cannot impose fine of more than Rs.10,000/- as per provisions of S.29 Cr.P.C - But in view of amended provision of S.143 of Negotiable Instruments Act, a provision has been made..........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Order of attachment was passed on very same day on which notice calling upon defendant to furnish security was served that too without giving sufficient opportunity to defendant to respond to said notice as required U.O.38.R.5(1)(b) CPC - There is thus, non-compliance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner is in custody for last 3 years, 2 months and 11 days - He is not involved in any other case - Trial in any case will take sufficient time to conclude - Bail granted...........
Criminal Procedure Code, 1973, Section 293(2) -- FSL Report - Cross examination of person who has submitted the report - Opportunity not granted - If a report is used as an incriminating piece of evidence against accused, he has got a right to challenge the same - Trial Court to call Director State Forensic Science Laboratory, for cross examination, by accused...........
