Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B, Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, Section 4, 6 -- Bail - Leakage of REET question paper - Case at the stage of framing of charge - Accused in custody for more than a year - No likelihood of conclusion of trial within a short time - Bail granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Payment of school fees of child by husband would not mean that husband would not pay maintenance for the child for living, as payment of fee is all together different responsibility apart from husband paying maintenance to maintain a child and wife - Interim maintenance rightly granted...........
Criminal Procedure Code, 1973, Section 482 -- Exemption from surrendering - High Court in exercise of its inherent power cannot grant exemption from surrendering in a particular case despite concurrent findings of conviction...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - Mere fact that mother is a working lady and she has her own income, that does not absolve father of his legal and moral responsibility to maintain his children - Father rightly directed to pay maintenance to children...........
Criminal Procedure Code, 1973, Section 156, 482 -- Defective investigation - Investigation is still at a very nascent stage, and petition appears to have been filed prematurely without awaiting its outcome - Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, aggrieved person can seek recourse by approaching a superior police officer..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that he met with an accident and because of that he is completely bed ridden - However, disability certificate relied upon by husband is a temporary certificate and same is not proved on record - Moreover, in the absence of medical report that husband is confined to bed, he cannot escape..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money laundering - Appellant is more than 75 years of age and has already suffered actual incarceration for 4 years and 9 months - Bail granted to appellant with conditions...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Every incorrect or false statement does not make it incumbent on the Court to order prosecution...........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 195, 196, 467, 471, 120B -- Perjury - Prosecution has failed to prove that accused have intentionally fabricated the record and conspired with one another in order to secure conviction of three persons - Even, there is no material on record to suggest that accused have mis-guided the Court and..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
