Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(3)(n), 376(h), 376(d), 377, 384, 307, 385, 366, 354, 354(A), 313, 502(2), 506, 504, 323, 34, Arms Act, 1959, Section 4, 25 -- Bail - Rape - Accused had sexually, physically and financially exploited the victim - Both accused and victim are married to their respective partners - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner was named in the FIR on the disclosure of one of co-accused - Though, petitioner is said to be involved in other two cases, but he is already on bail in one of case - Challan is already presented and charges are also framed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 376D, 341, 323, 457, Protection of Children from Sexual Offences Act, 2012, Section 5(G)(L), 6 -- Bail - Kidnapping and rape - Accused is in custody since 2.11.2023 - He is not involved in any other case - Trial is likely to take its own considerable time - No useful purpose..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - If prosecution materials makes out an offence, non-mentioning of it in the final report does not bar the trial Court from framing a charge for that offence...........
Negotiable Instruments Act, 1881, Section 138, 148A, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of compensation amount - Appellate Court passed the order without considering the fact whether accused is able to make out a ground that his case falls under exceptional category which warrants grant..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Fixed term sentence - If sentence imposed by trial Court is for a fixed term, then ordinarily appellate Court should consider the plea for suspension of sentence liberally, unless there are any exceptional circumstances emerging from the record of the case to decline such..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Fixed term sentence - Accused is 70 years of age and out of four years of maximum sentence, he has already undergone 2 years of sentence - He is virtually blind - Nothing on record to show that release of accused on bail pending appeal would thwart the course of justice -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Section 3, 5(1) -- Bail - Offence u/s 365 IPC and Ss.3, 5(1) of 2021 Act - Serious allegations of religious conversion is on record against accused - If this process is allowed to be carried out majority population of..........
