Bharatiya Nyaya Sanhita, 2023, Section 329(4), 232, 351(3), 3(5), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 329(4), 232, 351(3), 3(5) BNS - Issuance of non-bailable warrants - Quashing of order - Notice issued u/s 35(3) BNSS indicates that investigation agency did not initially intend to arrest accused - Neither any material on record nor any..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Some of the accused absconding - Case kept open against them u/s 173(8) Cr.P.C. - Charge sheet filed against them beyond 90 days of their arrest - Such accused are entitled to default bail...........
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 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Criminal Procedure Code, 1973, Section 167(2) -- Remand in police custody of absconding accused arrested after filing of charge sheet - Held, remand can be granted...........
Criminal Procedure Code, 1973, Section 438, 82, 83, Indian Penal Code, 1860, Section 411 -- Anticipatory bail - Absconder - Prima facie case for non bailable offence u/s 411 IPC is made out against accused - Investigation and charge-sheet still pending - Accused being absconding, Court issued no, bailable warrant against accused and proceedings u/ss 82 & 83 Cr.P.C. also..........
Criminal Procedure Code, 1973, Section 223, 477 -- Criminal Rules of practice in Kerala, R.16 - - Application for splitting of case - Rejection of - Validity - Passage of four years since filing of charge-sheet - Charge could not be framed - Summons could not be served on accused who was in foreign country - Process of his extradition was lengthy process - Rejection of..........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet - Can be filed against an absconding accused - If IO finds sufficient evidence even against such an accused who is absconding, law does not require that filing of charge sheet must await the arrest of accused...........
Criminal Procedure Code, 1973, Section 167(2), 309(2) -- Accused absconding - Charge sheet filed - Court taking cognizance - Non bailable warrants issued - Accused arrested and remanded to police custody for further investigation - Accused not entitled to bail u/s 167(2) Cr.P.C. even when no further challan was put up by police...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 468, 471 -- Bank fraud to the tune of 50 crores - Accused in jail for 2-1/2 years - Charge sheet filed - Trial to take long time as 150 witnesses cited - Since huge amount is involved in the systematic fraud, there is danger of appellants absconding, if released on bail, or will attempt to..........
