Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 45 -- Bail - Rigors of S.45 PML Act and twin conditions which require High Court to satisfy itself that there are reasonable grounds for believing that he is not guilty of any offence is removed - Court is not required to satisfy at this stage for grant of bail with regard to..........
Criminal Procedure Code, 1973, Section 202 -- Provision of S.202 Cr.P.C. - Is mandatory in order to protect innocent persons from being harassed by unscrupulous persons...........
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 420, 406, 120B -- Complaint - Issue of process - Opposite party being aware of sale of land and about deaths of rightful owner executed agreement in order to compel petitioner to part with the money - Moreover, agreement was executed by opposite party in order to use the same as..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C. can be exercised when evidence recorded at trial indicates circumstances stronger than grave suspicion against left out accused - Satisfaction should meet standard of evidence graver than that sufficient to frame charge but not extending to the threshold that evidence if..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B -- Summoning of additional accused - Rejection of application - Legality of order - Vague and general allegations in regard to demand of dowry - Deceased committed suicide as she became extremely perturbed by her father's insult and was not allowed to go with her father - No prosecution..........
Criminal Procedure Code, 1973, Section 401 -- Expression `any other person' u/s 401 Cr.P.C. - Does not include informant/complainant...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application for extension of time to file charge sheet filed before expiry of statutory period - Grant of default bail during pendency of consideration of application for extension of time is impermissible - Application for grant of default bail can be taken forward only if prayer for extension of period was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Accused already taken voluntarily retirement in the year 2011 and suicide is of year 2017 - Investigation of case is in progress and same is yet to be completed - Gone through available materials - It is a case where accused needs protection on..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - De facto complainant submitted that he had no objection if protection u/s 438(2) Cr.P.C. is granted to accused, in case he is permitted to withdraw amount deposited before this Court - He is only interested in getting his money and does not want to prosecute accused - Complainant permitted to withdraw amount..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Merely because names of accused not stated and specified in FIR that may not be ground to doubt contents of FIR and case of prosecution cannot be thrown out on this count...........
