Criminal Procedure Code, 1973, Section 432, 435 -- Pre-mature release - Conduct of petitioner in jail is exemplary - Petitioner had also participated in various programmes including quizzes, organized on three occasions - Letter of appreciation issued to petitioner by jail authorities as well as special remission granted to him on two occasions clearly establishes the same..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Misappropriation of money - Serious and grave allegations of fraud and misappropriation of large amount of money of farmers are made against accused - Old age or ailments etc. of accused cannot help them in escaping arrest and custodial..........
Criminal Procedure Code, 1973, Section 389(1), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 11 -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 13(2), 13(1)(e), 11 of P. C Act - Considering facts and circumstances of case including extent of imprisonment undergone, condition of health of accused and need for early..........
Criminal Procedure Code, 1973, Section 344, 482 -- Giving false evidence - Show cause notice - Notice issued to accused for purpose of giving them an opportunity of showing cause - Court was not required to give elaborate reasons for its satisfaction for proceeding summarily to try witnesses for giving false evidence - At this stage Court of Sessions or Magistrate is only..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Murder case - Record of trial Court had already weeded out and reconstruction of that record is not possible - Incident took place in the year 1981 and now 33 years have passed since conviction - There remains no possibility of retrial at this stage after long gap of about 39 years since..........
Criminal Procedure Code, 1973, Section 195(1)(a)(i), Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - No written complaint was made to any Court by any public servant or some other public servant, who was subordinate as per S.195(1)(a)(i) Cr.P.C - FIR could not be registered by police as there was no ban on marriages during lockdown due to COVID pandemic -..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Default bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Sentence provided u/s 467 Cr.P.C. is imprisonment for life - Charge sheet can be filed within 90 days - Accused not entitled to default bail on expiry of 60 days period...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties in proceedings u/s 138 of N.I. Act - Complainant withdrew his complaint and petitioner discharged on the basis of compromise - In such..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 6, 23 -- Bail - Pre-natal sex determination and abortion of female fetuses - Allegations in FIR and charge sheet as well as disclosure statements made by petitioner and co-accused u/s 27 of Evidence Act, reveal prima facie, petitioner had a..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 920 tablets of Tramadol, Dicyclomine & chlorpheniramine Malete Capsules - Accused is named as an accused in the case solely on basis of disclosure statements of co-accused - He is in custody since Sep 2020 - No other case of similar nature is..........
