Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Name of accused not mentioned in FIR - Investigation complete and challan filed - Trial likely to be protracted as the prosecution has cited 21 witnesses - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 307, 148, 149, 506, 34 -- Bail - Offence u/ss 323, 307, 148, 149, 506 r/w S.34 IPC - Investigation complete and challan also presented - Cross case in which petitioner's associates also suffered injuries - Jailley (an agricultural apparatus) used as a blunt weapon shows that petitioner had no..........
Criminal Procedure Code, 1973, Section 439 -- Permission to go abroad - Petitioner not violated any of conditions of his pre-arrest bail - Petitioner had gone abroad thrice during investigation by seeking permission from concerned Court and always had come back in time - Petitioner allowed to go abroad in connection with business and come back and present himself before..........
Criminal Procedure Code, 1973, Section 173(3), (8), 161 -- Investigation - Further investigation - Additional statements recorded by Investigating Officer subsequent to the filing of charge-sheet sought to be produced allowed by the trial Court - It was aliowed even before framing of charge - No fault can be found with the impugned order...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Misappropriation of huge amount - Bail application opposed on the ground that accused not available for investigation - Accused 79 years and 76 years of age - Bail allowed on condition that accused shall make themselves available as and when required by investigating agency for the purpose of investigation between..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Suit for partition - Stay against alienation sought - Plaintiff and defendant were owners of different properties - Both parties claiming partition of each other's property - Making counter-claims against each other which require investigation and trial - Prima facie case found in favour of plaintiff -..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 8, 12 -- Bail - Case of prosecution of payment of bribe of Rs.2.80 crores to Chairman, Punjab Public Service Commission seeking job for son and daughter - Challan put up but no charge framed for six months as according to public prosecutor further investigation was being conducted - Not..........
Indian Penal Code, 1860, Section 294, Cinematograph Act, 1952, Section 7 -- Screening obscene films - Offence u/s 294 IPC and S.7 of Cinematograph Act - Seizing and sealing theatre - Sealing and seizing the theatre is not authorised in law - At the stage of investigation Police do not have any power to seize the cinema theatre or projector - Writ petition allowed...........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Prosecution - Withdrawal by Public Prosecutor - Court found application moved in good faith and bona fide and allowed the same - I.O. filed revision that there was sufficient evidence against the accused - Role of I.O. ended on completion of investigation - It seems that I.O. had some bias against accused - Revision..........
Indian Penal Code, 1860, Section 302, 148, 325, 324, 323, 149, 326, Arms Act, 1959, Section 27 -- Offence under - Prosecution of 8 persons - One declared absconder - Three acquitted - Four convicted - 3 Appealed to Supreme Court - Conviction based on three eye witnesses - Evidence of informant and one witness not wholly reliable - Investigation of case was tainted -..........
