Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Live-in-relationship between parties - Both the parties are actually in their mid to late 30s - Only allegation of prosecutrix is that accused continued to have physical relationship with her on pretext of marriage - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 341 -- Bail - Appeal against order granting bail - Offence u/ss 307, 324, 341 IPC - Bail granted to accused on the ground that is in custody for about 75 days without even considering materials on record which prima facie made out reasonable grounds to believe that accused had committed..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned on basis of examination-in-chief of witness only and need not wait for cross-examination etc. - Test for summoning of accused u/s 319 Cr.P.C are same as applicable for framing charge...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised by Court against a person not named in FIR or no charge sheet is filed by police against him...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal - Condition to deposit 1/4th of compensation amount as awarded by trial Court, as a condition precedent for being released on bail pending disposal of appeal - Appellate Court u/s 148 of N.I. Act cannot pass an order directing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, Negotiable Instruments Act, 1881, Section 138 -- Interim bail - Cheating - Dishonour of cheque - Accused named as accused in offence u/ss 420, 406 IPC and S.138 of N.I. Act - Trial of case likely to take some time - Accused undertakes to extend full cooperation to trial Court for early..........
Criminal Procedure Code, 1973, Section 157 -- Instructions dated 04.05.2017 issued by Director, Bureau of Investigation, Punjab - Investigation - Instructions dated 04.05.2017 issued by Director, Bureau of Investigation, Punjab violate the process and procedure of investigation established by Code of Criminal Procedure, 1973, and further cause abuse of process of Court by..........
Criminal Procedure Code, 1973, Section 157 -- Inquiry - Holding simultaneous inquiry either during investigation or post submission of final report u/s 173(2) Cr.P.C is incomprehensible under Cr.P.C - Such inquiries by police officers are sheer and blatant interference with process of justice and cannot stand the test of justification - It is unfair for prosecution also to..........
Criminal Procedure Code, 1973, Section 157 -- Investigation - Directions issued : (a) In every case, where FIR has been registered regarding commission of a cognizable offence, investigation shall be conducted by Investigating Officer, strictly in accordance with provisions of Code of Criminal Procedure, 1973; (b) In every case, where after registration of FIR,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere fact that accused found innocent in supplementary report filed u/s 173(8) Cr.P.C, charge sheet filed u/s 173(2) Cr.P.C cannot be wiped off, particularly when reports are pending consideration before respective trial Courts - Considering seriousness of offences, fact that specific allegations have been levelled..........
