Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 467 -- Default bail - Offence u/s 467 IPC - Alleged offence is punishable with life imprisonment or imprisonment which may extend upto 10 years - Statutory time period for filing charge sheet will be 90 days not 60 days - Bail application filed after expiry of 60 days rightly rejected...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Charge framed as application for discharge not pressed - Petitioner filed an application before trial Court for consideration of application for discharge about one and half month after framing of charge - Application for discharge was filed only with the aim to forestall the trial of case - Accused cannot be..........
Indian Penal Code, 1860, Section 302 -- Murder - Order framing charge - Dead body of deceased recovered from well - No marks of injury were noticeable on body of deceased - No suspicion cast by any witness examined during inquest proceedings regarding death of deceased - No motive attributed to accused to commit crime - So called extra judicial confession appears to be..........
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 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 156(3) -- Proceedings u/s 156(3) Cr.P.C. - FIR was lodged and on completion of investigation charge sheet was filed - With unsatisfied with investigation proceedings initiated u/s 156(3) Cr.P.C. - To pursue said proceedings charge sheet submitted by investigating agency before JJ Board is quite relevant - Photocopies of testimonies of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Cannot be refused merely on the ground that husband not found guilty of offences under which he has been charge sheeted on FIR lodged by wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife lodged FIR against husband relating to torture and on investigation, prima facie evidence found against him for which charge sheet was submitted against him, which itself is a factor for wife to live separately from husband and to claim maintenance - It cannot be said that there was not sufficient..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Recovery of 4.5 kg charas - Search and seizure - Information was immediately sent to higher officers by complainant on arrest of accused and also written for providing information about arrest of accused to her family members - Factum of recovery from accused proved on record by PWs - PW5 proved FIR..........
Indian Penal Code, 1860, Section 195A, 506, 34 -- Acquittal order - Leave to appeal - Hostile witness - Threatening any person to give false evidence - Petitioner lodged a complaint with police within a month after acquittal of Respondent No.2 by trial Court - Police too found prima facie merit in complaint upon investigation and thus, filed a charge-sheet against..........
