Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Record prima facie does not reflect that all reasonable and efficacious steps to secure presence of petitioner were exhausted before resorting to proceedings u/ss 82, 83 Cr.P.C. - Petitioner shall present himself before trial Court and seek bail and upon appearance of petitioner, proceedings initiated..........
Criminal Procedure Code, 1973, Section 82 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.84) - Proclaimed offender - Petitioner has immediately moved the present petition showing his inclination to submit himself before trial Court when petitioner came to know about passing of order declaring him proclaimed offender - He can be given one chance to appear before trial..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 84 -- Anticipatory bail - Proclaimed offender - There is no total embargo on considering application for grant of anticipatory bail - Court has to see the circumstances of the case, nature of offence and background based on which such a proclamation was issued...........
Criminal Procedure Code, 1973, Section 82, 482 -- Proclaimed offender - Petitioner went abroad for earning livelihood and for better future prospects after availing the concession of bail - He is now ready and willing to return to India and to surrender before trial Court/Illaqa Magistrate - Petitioner directed to surrender before trial Court/Illaqa Magistrate upto..........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Proceedings u/ss 82, 83 Cr.P.C - Petitioner due to lack of communication coupled with misunderstanding created by circumstances beyond the control of petitioner, gathered impression that pending criminal proceedings before trial Court had been dropped against him and thus, he became lax - Dereliction on..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Compromise arrived at between parties - No accused has been declared proclaimed offender - Accused are aged about 45 and 46 years respectively and belong to poor strata of society - They are not previous convicts and suffering ignominy of trial for last more than 2 decades - Even, after..........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Provisions of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Petitioner has shown sufficient cause for her absence from the Court - Moreover, provision of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person - Anticipatory bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
