Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses for cross examination - Witnesses not cross examined earlier despite sufficient opportunity - Proper course was to cancel bail and not to close the opportunity of cross examination - One more opportunity granted for cross examination of the witnesses...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 21, Criminal Procedure Code, 1973, Section 432, 433 -- Conviction u/s 21 of NDPS Act and accused sentenced to 12 years RI - Accused served sentence of more than 12 years including remissions granted by Government u/ss 432 & 433 Cr.P.C. - Held, accused is not entitled to release - Benefit of remission cannot..........
Criminal Procedure Code, 1973, Section 439, Constitution of India, 1950, Article 225 -- M.P. High Court Rules, 2008, Rules 15 and 22 - Listing of second bail application before Bench which heard earlier bail application - Held, not barred under Rule 22 which enables the Chief Justice to direct a particular case or cases or a particular class or classes of cases to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 427, 147, 148, 149, Arms Act, 1959, Section 3, 25 -- Bail - Offence u/ss 302, 307, 323, 427, 147, 148, 149 IPC & S.3/25 Arms Act - Third application - Main accused released on bail on second application - Looking to the accusation against the present petitioner, no useful purpose..........
Criminal Procedure Code, 1973, Section 437, 439 -- Review of order of cancellation of bail by Supreme Court - Exemption from arrest also sought - Held, accused ought to have surrendered or taken in custody because of cancellation of bail - Review petition dismissed with direction to CBI to execute order of Court forthwith...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 213, 217, Prevention of Corruption Act, 1988, Section 7, 10 -- Anticipatory bail - Corruption case - FIR lodged that accused, a police officer took illegal gratification to hush up a theft case - Accused sought anticipatory bail and same declined - Held, nature of crime, warrants, custodial..........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Refused for non recording of formal arrest - Production of accused before Magistrate in terms of production warrant - Can be treated as `brought before Court' for the purpose of entertaining bail application u/s 437 Cr.P.C...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Refusal for non recording of formal arrest - The laxity, refusal or inability of I.O. to make formal arrest of accused who is in judicial custody in another case, cannot take away the right of accused to apply for bail and it is enough if his presence before Court is secured so that he could be treated as having..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 363, 366 -- Kidnapping and abduction - Accused in custody for near about 5 months - Trial still at its initial stage and may take long time to conclude - Held, no useful purpose will be served by detaining the accused in custody during pendency of the trial - Bail allowed...........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of summons of accused,..........
