Criminal Procedure Code, 1973, Section 357A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 396 -- Victim compensation - Case concerning bodily injuries such as sexual assault etc. - Directions issued: (i) Sessions Court, which adjudicates a case concerning bodily injuries such as sexual assault etc. particularly on minor children and women shall order for victim..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against conviction - Appeal is filed by appellant before High Court in the year 2020 - Older appeals would be heard prior to this appeal being considered - Co-accused has been released on bail by High Court - Appellant has already completed a little more than half the sentence..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Even where quash petition is filed to quash the FIR and a final report is filed, which is taken cognizance, High Court can still exercise its jurisdiction u/s 482 Cr.P.C. and quash the proceedings itself if a case is made out...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Rape - Petitioner a close relative of victim child with intention to sexually assault her, kidnapped her from the lawful custody of her parents and taken her to a country boat and thereafter accused committed penetrative sexual assault against victim - Though victim attempted to rescue herself, he restrained her and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 397 -- Bail - Offence u/ss 395, 397 - Challan was presented and charges were already framed - Out of 23 PWs only 1 witness has been examined till date - Petitioner has undergone an actual custody of 1 year and 27 days and there is not other case registered against him - Veracity of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be declined solely on the ground that accused is involved in another case...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cancellation of bail is to be dealt with on a different footing in comparison to a proceeding for grant of bail - There shall be cogent and overwhelming reasons for the cancellation of bail granted to an accused - Conventionally, there can be supervening circumstances which may develop post the grant..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Cancellation of bail - Stipulations contained in Ss.437(5), 439(2) Cr.P.C. cannot be treated as a substitute for preventive detention laws...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to petitioner cancelled on the ground that he is involved in other offence - However, prosecution has not produced any material to show that alleged involvement of petitioner in subsequent crime has any nexus with trial or any of proceedings in the case - Nothing to show that he had an..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted by imposing condition of demolishing the wall at the expense of appellants and handing over possession of disputed property to complainant - Condition imposed clearly tantamount to deprivation of civil rights, rather than measures to ensure the accused's presence during trial - Condition set aside...........
