Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Out of 12 charge-sheeted accused 10 have been granted bail - Petitioner's petition dismissed 2 times - Cases involving honour killing requires fast track investigation - Before granting bail Court is directed to deal with facts and..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Default bail - Attempt to murder - Charge sheet not filed within 90 days as stipulated - Provision u/s 167(2) Cr.P.C comes into play - Accused entitled to grant of compulsive/default bail...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 109 -- Default bail - Murder - Petitioner was arrested on 9.3.20 - Final report filed on 18.6.20 after lapse of 90 days - Before final report filed, petitioner moved Court seeking bail - Petitioner entitled to be released on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder case - Taking into account the facts and circumstance of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any convincing material to indicate possibility of tampering with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 452, 147, 149, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 452, 147, 149, 504, 506 IPC - Compromise arrived at between parties - There is no major issue between family members regarding dispute - Complaint filed exactly 35 years back in 1985 - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 143, 147, 149, 506, 188 -- Anticipatory bail - Illegal extraction of sand - Accused reached on the spot at later stage - Though act of accused to reach on the spot in late hours may be sufficient to draw some nexus between accused and persons actually indulging in act of extraction of sand -..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 18, 18A, Indian Penal Code, 1860, Section 307, 354B, 323, 324, 504, 149, 143, 147, 148 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.307, 354-B, 323, 324, 504, 149, 143, 147, 148 IPC - No specific abuse..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 147, 148, 149, 506, 120B -- Summoning of additional accused - Murder - PW1 clearly, unequivocally and emphatically stated that petitioners have also attacked deceased with lethal weapons and caused injuries to him and killed him - More than a prima facie case, a strong case is made out..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 -- Anticipatory bail - Offence u/ss 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 IPC - Applicant is 65 years old - Prima facie there is no material to show that applicant had quarreled with police or had pelted stone at..........
Income Tax Act, 1961, Section 147 -- Undisclosed income - Assessment - During assessment proceedings, assessee will have right to place material on record to show that transaction in question was a genuine transaction - Mere change of opinion of assessing officer is not a sufficient to meet the standard of `reason to believe' - Material disclosed in assessment proceedings..........
