Criminal Procedure Code, 1973, Section 357 -- Compensation - Words "any loss or injury" used in S.357 Cr.P.C clearly indicates that the sole factor for deciding the compensation to be paid is the victim's loss or injury as a result of the offence, and has nothing to do with the sentence that has been passed...........
Criminal Procedure Code, 1973, Section 357 -- Compensation - While deciding the compensation which is to be paid to a victim, the only factor that Court may take into consideration is the convict's capacity to pay the compensation and not the sentence that has been imposed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is in custody since 2022 but only 1 out of 19 PWs had been examined so far - Trial of case is not likely to be concluded anytime soon - Co-accused have already been granted bail - Further incarceration of accused is not required - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 307, 332, 279, 337, 353 -- Bail - Contraband - Independent witnesses have blatantly denied to give their support to fact of recovery of contraband made by police - Taking of vehicle and accused from the crime scene to police..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rejection of application - Appeal - Maintainability - Appeal was filed on 28.06.2023 and order for issuance or proclamation u/s 82 Cr.P.C. was passed on 11.08.2023 - In between, there was no interim order restraining coercive measure against the accused by Court - Appeal against order of rejection of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Court can quash FIR only when un-controverted allegations do not make an offence...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - If a wife had maintained silence in order to save her marital life and did not lodge report, then her silence for noble cause should not be considered against her by holding that FIR was lodged by way of counter blast to divorce petition - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Specific allegations against accused that not only they started demanding Car and 20 Tola of Gold after four month of marriage of wife but she was forcefully ousted from her matrimonial house - Since then wife is residing in her parental house coupled with the fact that compelling a..........
Criminal Procedure Code, 1973, Section 299 -- Recording of evidence in the absence of accused - In the event, an order u/s 299 Cr.P.C is passed, deposition of any witness taken in the absence of an accused may be used against him if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without any amount of delay,..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 299 -- Murder of wife by husband - Recording of evidence of complainant in the absence of accused - Appellant vanished from the crime scene and remained absconding for a period of nearly 10 years - Statement of complainant was recorded in proceedings u/s 299 Cr.P.C - Circumstances of motive, last..........
