Criminal Procedure Code, 1973, Section 362 -- Review - Earlier revision petition was dismissed by High Court by confirming order dismissing application for discharge - Since first prayer in writ petition was for quashing of complaint itself, therefore, dismissing first prayer in writ petition on the ground of bar of S.362 Cr.P.C. is erroneous...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Third bail application - Contraband - Petitioner made accused only on the basis of statement of co-accused - Bail granted...........
Indian Penal Code, 1860, Section 420, 468, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Prima facie forging of documents and taking benefit of such forgery is established on record - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of substantive sentence during pendency of appeal - Distinction between sentence for fixed term and sentence of life imprisonment - If a sentence is for fixed term, ordinarily, appellate Court may exercise its discretion to suspend the operation of same liberally unless there are any exceptional circumstances..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of substantive sentence during pendency of appeal - High Court while declining to suspend the substantive order of sentence of life imprisonment has discussed the prima facie case established against accused before trial Court - In such circumstances, no interference warranted in the impugned order - As regarding..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 148, 149, 506 -- Bail - Offence u/ss 323, 324, 326, 148, 149, 506 IPC - Accused has suffered incarceration of 3 months and 14 days - Trial of case is yet to begin - Grievous injury which attracted the offence u/s 326 IPC is not attributed to accused, coupled with the fact that one..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Wife had not re-married after divorce - She is thus, entitled to get maintenance...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Accused `G' was convicted and sentenced to undergo R.I for a period of 3 years - He is in custody since 1.2.2024 - Considering the term of sentence imposed and the period of incarceration undergone by him,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Accused `L' was convicted and sentenced to undergo R.I for a period of 7 years - He is a guarantor and not an authority who sanctioned loan, though he was the Assistant Branch Manager - Bail granted to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection was granted to accused - However, Supreme Court granted four weeks time for filing counter affidavit as prayed by State - No counter affidavit has yet been filed - Order granting interim protection to accused is thus, made absolute - Anticipatory bail granted...........
