Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Eye witnesses have not supported case of prosecution - Custody of petitioner is more than 3 years - Co-accused has been enlarged on regular bail - No recovery is to be effected from petitioner - Petitioner is not involved in any other case - Conclusion of trial is..........
Criminal Procedure Code, 1973, Section 82, 83 -- Attachment of property of accused - Arrest warrants were issued against petitioner for securing his presence before trial Court, but report of process server indicates that standing warrants issued against him were never served or executed upon him, as he was not residing at the place where these warrants were sent -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Keeping in view the role allegedly attributed to appellant and period of incarceration suffered by him, appellant released on bail during pendency of trial - However, appellant shall provide mobile number on which he can be..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power conferred u/s 205 Cr.P.C. is a discretionary power whereunder trial Court can exempt personal appearance of accused persons - However, such discretion can only be exercised in a judicious manner and without any discrimination...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - For compelling accused to face trial certainly infringes fundamental right of an accused if order of process is not in consonance with spirit of law and justice...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Application u/s 205 Cr.P.C is maintainable at any stage of trial even prior to seeking bail and same will also apply at the stage of S.251 Cr.P.C - Even at the time of first appearance before trial Court, application u/s 205 Cr.P.C can be allowed in appropriate case for exemption from..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court must bear in mind in a case of acquittal that there is double presumption in favour of accused - Firstly, presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person is presumed to be innocent unless he is proved guilty by..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charges were framed against petitioner u/s 420 IPC - There is no fresh material available on record to indicate commission of offences u/ss 465, 467, 468, 471, 120-B IPC - Application u/s 216 Cr.P.C. was moved after four years of framing of charges - It is evident that respondent No.2 has indulged in this..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Appellant is the owner of vehicle in question - Vehicles in police custody are stored in the open and consequently if the vehicle is allowed to be kept in the custody of police till the trial is over, it will serve no purpose - Vehicle in question allowed to be..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court is empowered to summon any person to be tried together with the accused if it appears to Court, on the basis of evidence adduced during the ongoing trial, that he has committed the offence...........
