Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Accused in custody since 1.11.2022 - Charge framed in the year 2024 - Not a single witness examined till date - If right of speedy trial is infringed then howsoever serious the crime may be, Court may consider the plea for bail appropriately - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Criminal Procedure Code, 1973, Section 437(5), 439(2), Indian Penal Code, 1860, Section 302, 201 -- Anticipatory bail - Accused already on regular bail - Addition/alteration to graver non-bailable offence during trial and order framing charge - A person released on bail is already in constructive custody of law and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail by High Court - Grant of - Considering the nature and gravity of accusations, subsequent death of victim, completion of investigation and submission of charge sheet, petitioners are admitted to bail without expressing any view on merits on conditions of furnishing bond of Rs 25,000 each with one solvent surety..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Court trying an offence u/s 138 of the Act to award interim compensation to complainant at a preliminary stage of proceedings - Such power can be exercised in a summary trial or summons case when accused pleads not guilty and in any other case upon framing of charge -..........
Criminal trial -- Right of accused to rely upon material in support of his defence does not ordinarily arise at the pre-trial or charge stage and such entitlement crystallizes only during stage of defence evidence...........
Arbitration and Conciliation Act, 1996, Section 11, 42 -- Appointment of arbitration - Limitation - Petitioner despite the work being concluded on 2000 did not attempt to raise a bill or initiate arbitration proceedings till 2022, when a notice requiring commencement of arbitration proceedings was first issued - High Court erred insofar as finding failure on the part of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175, 225 -- Investigation - In the course of investigation u/s 175 BNSS, police may arrest accused and submit a charge-sheet - However, in proceedings u/s 225 BNSS, no such coercive steps are contemplated - Report submitted is only to aid and assist Magistrate and ultimate decision whether to issue process rests solely with..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. deals with procedure of summoning additional accused to face trial who has been left out by police and not charge-sheeted along with other accused persons...........
Service -- Disciplinary proceedings - Inquiry report - Charge No.2 was partly proved as per inquiry report - There is no challenge to findings of inquiry officer - Neither there is any perversity in finding returned by Inquiry Officer nor it is appropriate to permit appellant to question the merit of findings of inquiry officer particularly when no such plea was pressed..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal - Deceased allegedly died due to head injury - However, there is complete lack of any evidence on the part of prosecution to demonstrate the manner in which accused had allegedly committed murder of deceased - Findings of acquittal of accused of charge u/s 302 IPC cannot be reversed - Acquittal..........
