Criminal Procedure Code, 1973, Section 311 -- Recall of PW2 - Application filed to recall PW2, as certain question of facts which are of vital importance not put to PW2 by previous counsel - Denial of opportunity to put such pertinent questions on facts would greatly affect the outcome of trial - No repetitive question would be put to said witness and re-examination is..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted only for a period of two months - Accused was in custody since 2022 - Only one witness had been examined so far - There was no good reason for High Court to limit the period of bail - If High Court was of the view that right of accused to have speedy trial could be said to have been infringed, then High Court..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted subject to condition that surety shall be the victim - It was practically impossible to ask victim to stand as a surety - Condition imposed by High Court set aside - Accused is ordered to be released on bail subject to terms and conditions that trial Court may deem fit to impose...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Grant of leave to prosecute should not be as a matter of routine, but should be on just and equitable basis, when materials reveal that Court below has not appreciated the materials in proper perspective...........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Defect in investigation cannot be a ground to cat away the testimony of witnesses, which is otherwise proved...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of a valid marriage is prerequisite for passing any order u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to second wife - Second wife herself admitted that husband was having first wife and children and first wife was living separately with husband - Unless husband is validly divorced from his first wife, marriage of husband with second wife will have no legal sanctity - Order granting maintenance to second wife set..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Probable defence of accused cannot be accepted at the initial stage of proceeding, which requires to be substantiated during trial - Truth or falsify of the case could be decided only at the trial - Discharge application rightly dismissed...........
Indian Penal Code, 1860, Section 376(2)(n), 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the false pretext of marriage - Prosecutrix on the date of developing physical relations with accused was a married lady - Relationship between them was thus, consensual one - No consent was obtained by accused on the basis of misconception of fact - Offence u/s 376 IPC..........
Indian Penal Code, 1860, Section 420, 415, 418, 405, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Breach of contract would not attract breach of trust or cheating - Merely for breach of contract, criminal proceedings would not lie and the remedy in case of breach of trust is to sue for damages - Proceedings quashed...........
