Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - On the basis of parity - Prime accused who is alleged to have initially conducted the blackmail to whom complainant is said to have paid `hush-money', has been granted bail and the role played by present accused was only to further the alleged acts of her son - She has not acted independently, to further..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Allegations against accused are of defrauding State - Matter cannot be settled between two private individuals i.e accused and complainant - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Material collected discussed in detail by Sessions Judge while rejecting bail application - However, High Court merely noticing arguments of counsel of accused granted bail - Impugned order passed by High Court set aside...........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegations with regard to inducement are only qua co-accused - There was no transaction of any nature directly between present accused and complainant - Only allegation against accused is that co-accused executed GPA in favour of complainant in respect of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 324, 34 -- Anticipatory bail - Attempt to murder - Investigation of case is still going on and I.O is yet to file the charge sheet - Accused is a young person who is a student and he had agreed to bind himself with any conditions fit to be imposed by Court - Anticipatory bail granted with..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i) -- Bar u/s 195(1)(b)(i) Cr.P.C - Forgery - Forged documents were prepared outside the Court and same has been filed in judicial proceedings in a case pending in a Court - Bar u/s 195(1)(b)(i) Cr.P.C against registration of FIR filed u/s 156(3) Cr.P.C not applicable...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(i)(x) -- Anticipatory bail - Offence u/s 3(i)(x) of SC/ST Act - Specific allegations made against accused are not sufficient to show a prima facie case for offences alleged particularly under the provisions of SC/ST Act - It cannot be..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - Delay was explained by mother of victim stating that FIR was lodged after 7 days in view of security and dignity of her daughter - Explanation is sufficient in terms of legislation of POCSO Act to protect the menus of victim after sexual assault - Delay of 7 days in lodging FIR not fatal..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court will not be justified in embarking upon an enquiry as to reliability or genuineness or otherwise of allegations made in the FIR or complaint...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2003, Section 45, 3, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Bail - Offence u/s 3 of PMLA and Ss. 13(1)(e), 13(2) of P.C. Act - Accused failed to satisfy that there are reasonable grounds for believing that they are not guilty of..........
