Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Application for bail - Murder - Considering that petitioners have been in custody for a long period of 3 years and trial nowhere near conclusion - It results into punishment of sentence of imprisonment without them having been convicted - Therefore, petitioners are liable to be admitted on..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - From complaint and deposition of complainant factum of giving of loan stands established - Complainant proved beyond reasonable doubt that disputed cheque was issued by accused towards `legally enforceable debt..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction u/s 138 of the Act - Payment of compensation - Awarding jail sentence to accused may not be in interest of justice - Payment of compensation u/s 357 Cr.P.C to complainant would be in interest of justice - Directions issued...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 451, 506, 148, 149, 120B, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Accused are in judicial custody for last more than 2 years - Conclusion of trial is likely to take a long time - Accused have volunteered to pay Rs.50,000/- each to victim towards his medical expenses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 326, 323, 506, 148, 149, 120B, Arms Act, 1959, Section 27, 30, 54 -- Bail - Offence u/ss 302, 326, 323, 506, 148, 149, 120-B IPC and Ss.27, 30, 54 Arms Act - Status report shows that petitioner was actively involved in offence as per statements of injured persons u/s 161 Cr.P.C. - Only two..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 25, 54, 59 of Arms Act and S.34 IPC - Vehicle in question transferred in favour of petitioner by its previous owner - If vehicle in question is allowed to be parked in police station it may become unfit for road worthiness - Since trial of case is likely to take some..........
Criminal Procedure Code, 1973, Section 200 -- Examination of complainant - To take cognizance on complaint, the condition precedent is to examine complainant and his witnesses if any...........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 153A, 153B -- Sanction for prosecution - Offence u/ss 153-A, 153-B IPC - Prior sanction u/s 196 Cr.P.C of competent authority is sine quo non for taking cognizance of offences u/ss 153-A, 153-B IPC - Violation of S.196 Cr.P.C renders entire criminal proceedings without jurisdiction and without..........
Criminal Procedure Code, 1973, Section 167(2), 439(2) -- Default bail - Can be cancelled u/s 439(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167, 439(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 28, 29 -- Default bail - Cancellation - Contraband - Recovery of contraband one from vehicle while being transported and other in factory premises - Combined complaint filed for both offences before Special Court, Omerga (Maharashtra) wherein offences..........
