Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Unless strong and convincing evidence emerges during trial, mere allegations in the FIR or in the testimony of a PW cannot justify summoning a person as an additional accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner is behind the bars for the last 7 months and 6 days - Investigation is complete - Charges were framed and trial of case has not made much progress - Out of 14 PWs, no PW has been examined so far - Culpability of petitioner..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 115(2), 118(1), 351(2), 118(2), 191(3), 190 -- Bail - Offence u/ss 115(2), 118(1), 351(2), 118(2), 191(3), 190 BNS - Petitioner is behind bars from the last 2 months and 30 days - Investigation is complete - Final report u/s 173 Cr.P.C. was presented before concerned Court -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 395, 412, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 395, 412, 201, 120-B IPC and S.25 of Arms Act - Petitioner is behind bars for the last 5 months and 17 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before concerned Court - Charges..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25, 27, 29 -- Bail - Contraband - Petitioner has already suffered sufficient incarceration of 1 year 4 months and 23 days - Similarly situated co-accused has already been granted..........
Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Attempt to murder - Eye witnesses who are daughters of complainant were not examined by prosecution and were given up - Real brother of complainant, who has been stated to have taken complainant to Hospital has not been examined as a witness - Doctor who has given opinion as to injury being dangerous to life has not..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - No question whatsoever was put by defence counsel to PW-7 as regards NDPS Act - Moreover, apart from a mere bald assertion that there has been a contravention of mandate of S.52-A of the Act, nothing cogent has been pointed out by appellant that would..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Purpose of S.233 Cr.P.C is not to enable accused to recall a PW already examined...........
Criminal Procedure Code, 1973, Section 311, 233 -- Recall of PW - Prosecution witness who was already examined cannot be recalled by exercising powers u/s 233 Cr.P.C - However, such an exercise can be done u/s 311 Cr.P.C at any stage including that of S.233 Cr.P.C, provided all the requirements and parameters of S.311 Cr.P.C are otherwise satisfied...........
