Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail cannot be cancelled without issuing notice to accused and without affording him a reasonable and sufficient opportunity of being heard...........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - At the stage of taking cognizance, Magistrate cannot peruse veracity of witnesses and duty of Magistrate is whether any prima facie material available to constitute the offence or not...........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - At the time of taking cognizance Magistrate has to look into complaint and other documents along with sworn statement recorded by him...........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Right to bail is not to be denied merely because of sentiments of community being against accused, nor can bail be withheld as a punishment pending trial...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because accused may commit suicide if enlarged on bail and thus, frustrate the trial cannot be taken as a reason at all to deny bail, as it would then be applicable to every criminal case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 328, 201, 203, 34 -- Bail - Murder - Accused is a woman aged 22 years and is in custody since 31.10.22 - She had co-operated with investigation all along - Dying declaration of deceased does not speak anything against accused - Accused is a first time offender and chance of accused..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - There has been no dishonest intention at the inception - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - At the stage of considering application for grant of leave to appeal, there cannot be re-appreciation of evidence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceedings u/s 125 Cr.P.C are primarily civil in nature and summary proceedings and strict rules, rules of evidence are not applied by Courts in summary proceedings - Impugned order of rejection of application by Court below taking hyper technical approach that marriage of husband with wife has not been..........
