Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Merely because parties entered into a compromise to live in brotherhood, peace and harmony, without background of friendship, closeness of family, strong bonds or being in relations, it is meaningless to permit compounding of heinous..........
Indian Penal Code, 1860, Section 323, 324, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 323, 324, 34 IPC - Compromise arrived at between parties - Offence u/s 324 IPC is non-compoundable - However, without adjudicating this point, in the facts and circumstances peculiar to this case, prosecution qua non-compoundable offences..........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Granted by High Court with conditions - High Court in exercise of its power u/s 482 Cr.P.C. can modify/delete the conditions...........
Criminal Procedure Code, 1973, Section 439, Central Goods and Services Tax Act, 2017, Section 132, 134 -- Bail - Offence u/ss 132, 134 of 2017 Act - Accused granted facility of ad-interim bail subject to deposit of Rs.4 crores - Since accused deposited a sum of Rs.4 crores and accused has been enjoying facility of ad-interim bail, accused directed to continue to be on bail..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Rejection of bail in non-bailable case at admission stage and cancellation of bail already granted have to be considered and dealt with on different basis - Very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail already granted...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cancellation of bail has been sought only on the ground of adding a non-bailable offence - All the circumstances necessary to consider bail were available on record - Neither medical condition went aggravated nor any fresh evidence was taken on record - Bail once granted should not be cancelled in a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(1), 378(4), 256 -- Dishonour of cheque - Death of complaint during pendency of case - There is no provision in Cr.P.C or NI Act laying down that on account of death of payee, trial must be abate - Legal heirs of original complaint are entitled to come forward and ask for subsitiution..........
Criminal Procedure Code, 1973, Section 437, 439, 441 -- Bail bonds - Refusal to ascertain the amount of bail bond by trial Court - Once accused is released by High Court and there is no mention about bail amount, it is incumbent on trial Court to fix amount for bail bonds...........
Criminal Procedure Code, 1973, Section 482 -- Closure of prosecution evidence - Part statement of I.O. in a corruption case recorded - If witness avoids to appear in Court despite service of summons then Court has to take necessary steps for securing presence of witness by issuing summons to him or by adopting coercive methods for securing his presence - Prosecution..........
Criminal Procedure Code, 1973, Section 439 -- Second bail application - If co-accused against whom specific allegations were made is granted bail subsequent to rejection of first bail application, said ground may be considered as fresh ground to consider second bail application of accused...........
