Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - If right of speedy trial is infringed then howsoever serious the crime may be, Court may consider the plea for bail appropriately...........
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 483, Prevention of Money Laundering Act, 2002, Section 45 -- Bail - Appellant has been in custody since 09.07.2024 - He has joined investigation even prior to his arrest and co-operated with investigation - There are 210 witnesses to be examined in proceeding and there is no likelihood of trial commencing in near future -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 120B, Arms Act, 1959, Section 25(1B)(a), Unlawful Activities (Prevention) Act, 1967, Section 18, 18A, 18B, 19, 20, 38, 39 -- Bail - Offence u/s 120-B IPC, S.25(1-B)(a) of Arms Act and Ss.18, 18-A, 18-B, 19, 20, 38, 39 of UAPA - A-20 has been found involved with banned terrorist..........
Criminal trial -- Delayed trials - If an accused is to get a final verdict after incarceration of six to seven years in jail as an undertrial prisoner, then, definitely, it could be said that his right to have a speedy trial u/art 21 of Constitution has been infringed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused is in jail as a under trial prisoner for the past four years - However, till date, charge is not framed against accused - Prosecution intends to examine not less than 80 witnesses - Manner in which prosecuting agency as well as Court have proceeded, right of accused to have a speedy trial could be said to have..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted only for a period of two months - Accused was in custody since 2022 - Only one witness had been examined so far - There was no good reason for High Court to limit the period of bail - If High Court was of the view that right of accused to have speedy trial could be said to have been infringed, then High Court..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 316, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Parties lived in live-in-relationship for one year - FIR lodged when accused refused to marry victim - Keeping in view the uncertainty regarding conclusion of trial, one sided investigation by..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit for recovery - Non-appearance of defendant - Condonation of delay - O.37.R.3 CPC clearly provides for defendant to make his appearance before Court within a period of 10 days after service of summons - However, defendant after a period of 20 days made his appearance before Court and presented..........
