Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 201, 204, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d), Information Technology Act, 2000, Section 66 -- Anticipatory bail - Accused was not named in FIR and during investigation he had fully cooperated and participated and his statement u/s..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Default bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Sentence provided u/s 467 Cr.P.C. is imprisonment for life - Charge sheet can be filed within 90 days - Accused not entitled to default bail on expiry of 60 days period...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 465, 467, 468, 471, 120B -- Bail - Cheating - No specific overt act of making any fraudulent representation to complainant is attributed to petitioners - Co-accused already granted bail - Trial of case is likely to take long time due to COVID-19 Pandemic - Keeping in view facts and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Anticipatory bail - Cheating - Civil suit is already pending before civil Court with regard to almost similar allegations - Accused has no criminal history - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cognizance of offence - Cheating - Magistrate carefully examined material and evidence collected during investigation which are part of case diary and after prima facie satisfaction had rejected final report and taken cognizance u/s 190(1)(b) Cr.P.C - No infirmity in..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Mere fact that offence in question is civil in nature as civil suit regarding same is pending consideration, it cannot be said that criminal case cannot proceed, as civil and criminal case can proceed simultaneously...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 447, 471, 120B -- Second bail application - Cheating - Petitioner has filed second bail petition on account of a right which has accrued to him u/s 437(6) Cr.P.C - He is in custody for last 1 year and about 8 months and not involved in any other case - Custodial interrogation of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471 -- Quashing of proceedings - Compromise - Cheating - Family dispute between parties - Parties have arrived at a compromise - Wrong is of private and personal in nature have no impact on society - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Allegation that there is huge discrepancies in payment of actual EPF contribution and EPF amount deposited by petitioner's Security agency and many of security guards stated that they have been given less payment - However, these..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 410, 467, 468, 471, 120B -- Bail - Forged transfer deed - Petitioner attested sale deed as a witness on basis of Aadhar card - However, petitioner who is a practicing advocate is expected to be more careful and more responsible and he cannot sign sale deed as a witness simply on basis of..........
