Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 21(4) -- Bail - When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, power to grant bail should necessarily be subject to satisfaction of conditions mentioned..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appreciation of materials on record for the purpose of forming a definite opinion with respect to question as to whether an accused person had played roles or not, in the crime concerned, is not permissible while considering an application for grant of bail...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When considering an application u/s 482 Cr.P.C, Court cannot conduct a mini-trial but instead is to be satisfied that prima facie offences as alleged are made out...........
Criminal Procedure Code, 1973, Section 482, Punjab Land Preservation Act, 1990, Section 4 -- Quashing of complaint - Offence u/s 4 of 1990 Act - Offence by Company - Managing Director, General Manager and Senior Manager - Company has not been arrayed as an accused in the complaint - No allegations worth the name in the complaint that appellants are directly responsible for..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where uncontroverted allegations in FIR and evidence collected in support of the same do not disclose any offence and make out a case against accused, Court would be justified in quashing the proceedings...........
Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Settlement before DRT - Quashing of proceedings - Consent terms were submitted by parties before DRT - Bank had suffered losses to the tune of Rs 6.13 Crores approximately - Hence, a substantial injury was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Setting aside order - Murder - Specific averments in FIR against all accused persons including respondents that all of them had set deceased on fire with an intention to kill him - High Court has erred in granting relief in a cryptic and mechanical manner without..........
Criminal Procedure Code, 1973, Section 173 -- Reinvestigation - Reinvestigation of the same offence or the same set of facts is impermissible...........
Criminal Procedure Code, 1973, Section 386(b) -- Appeal against conviction - Appellate Court has no power to direct reinvestigation u/s 386 Cr.P.C...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of consideration of a petition for discharge what is to be considered whether there is a `prima facie' case and certainly, the endeavour cannot be to find whether `clinching' materials are there or not...........
