Criminal Procedure Code, 1973, Section 427, 386 -- Concurrent running of sentences - Conviction in 2 cases - Two appeals filed against two cases and both the appeals decided by a common judgment - Sentences which have been imposed against accused even though in different trials can be ordered to run concurrently with such previous sentence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 325, 427, 504, 506(2), 114 -- Quashing of FIR - Offence u/ss 323, 325, 427, 504, 506(2), 114 IPC - Amicable settlement arrived at between parties - Complainant filed a specific affidavit that on account of misconception, complaint is filed and he is no longer interested in prosecuting matter..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Can be granted only by the Court trying the subsequent offence...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Cannot be ordered for transactions which are unrelated - In such cases sentences should run consecutively...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Rule is always that sentences should run one after other and rule of concurrency is exception...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 427, 34, Arms Act, 1959, Section 27 -- Quashing of proceedings - Offence u/ss 341, 323, 324, 427, 34 IPC and S.27 of Arms Act - Merely because co-accused was acquitted, Court cannot ignore evidence against absconding accused and jump to same conclusion as in case of co-accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 427, 34, Arms Act, 1959, Section 27 -- Quashing of proceedings - Offence u/ss 341, 323, 324, 427, 34 IPC and S.27 of Arms Act - Investigation is not yet complete against accused and final report is not yet filed - There is possibility of further evidence being gathered against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 427, 109, 201, 202, 34, 120B -- Bail - Attempt to murder - Complainant alleges that all accused made an attempt to cause grievous injury to driver/complainant as well as occupant of car - What prevented police to get identification parade done immediately after arrest of accused, not..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - For S.427(1) Cr.P.C to apply, condition precedent must be that person convicted and sentenced on subsequent occasion was already undergoing a sentence of imprisonment in previous case - If accused was not so undergoing a sentence in previous case, S.427 Cr.P.C will not apply at all...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - If Court is silent and had not given any direction that sentence given in subsequent case will run concurrently, it will run only consecutively...........
