Showing : 1-10 of 47 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, 306(4)(b)-- Bail - Approver - Acid attack - Dispute was of cheque - Cause of death was directly attributed to main accused - Role of petitioner is not such as it would incriminate him at par with principal accused or even reflect that petitioner played a major role in act of causing death of deceased -..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306, 439, 482-- Bail - Remand prisoner, who has accepted tender of pardon - Can be released on bail by High Court in exercise of powers u/s 482 Cr.P.C., if not u/s 439 Cr.P.C. in appropriate and justifiable circumstances...........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306-- Tender of pardon - Provision contains some discrimination between persons who are already on bail and persons who are in judicial custody - If an accused already on bail accepts tender of pardon, he cannot be detained in custody u/s 306(4)(b) Cr.P.C. - Provision can be applied only in case of an..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306(4)(b)-- Object of S.306(4)(b) is two fold: (i) to ensure that approver does not cross over to other side due to pressure or influence or threat; and (ii) to protect the approver from all possible threats to his person and life...........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306, 439, 482-- Bail - Acceptance of tender of pardon by accused - Factors to be consider by High Court while exercising discretion in favour of approver u/s 482 Cr.P.C: (i) possible suspicion regarding reliability of approver due to his antecedents; (ii) possibility of approver being influenced or won over by..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306, 482, Indian Penal Code, 1860, Section 120B, 115-- Bail - Acceptance of tender of pardon by petitioner - Offence u/ss 120-B, 115 IPC - Petitioner is a previous convict and he has more than two convictions in his credit - Second accused is also a previous convict, with whom petitioner developed acquaintance while undergoing sentence in jail - There..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 306-- Corruption case - Grant of pardon to accused - Magistrate is duly empowered to grant tender of pardon even in respect of cases which are triable by Session judge or by Special Judge - Even if it is presumed that Magistrate is not empowered to grant pardon, it is merely an irregularity and order..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306(4)(a)-- Approver - Cross-examination - Accused has no right to cross-examine approver, who is examined u/s 306(4) Cr.P.C. by Magistrate at the pre-commital stage, as proceeding before Magistrate is neither an inquiry nor a trial - Moreover, examination u/s 306(4) Cr.P.C. cannot be equated with examination..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 306-- Pardon to accomplice - Application u/s 306 Cr.P.C. can be filed by prosecution or by one of accused, out of several - If application is filed by one of accused, Court should first refer it to prosecuting agency and then to pass an appropriate order - Judge himself should not take the task to..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 306-- Pardon to accomplice - Court committed error while rejecting application of co-accused as neither application was referred to prosecution nor comments or statements of prosecution was obtained, as application u/s 306 Cr.P.C. has not been filed by prosecution but by co-accused - Impugned order set..........

Showing : 1-10 of 47 Results