Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 186, 332, 353, 120B, 504, 342, 506 -- Bail - Offence u/ss 186, 332, 353, 120-B, 504, 342, 506 Part II, 323, 34 IPC - Out of offences made out against petitioner only Ss.332, 353 IPC are no, bailable and punishable for a sentence upto three years and two years imprisonment respectively - No..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 436, 427, 148, 149, 120B, 188, Prevention Of Damage to Public Property Act, 1984, Section 4, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Offence u/ss 307, 436, 427, 148, 149, 120-B, 188 IPC, S.4 of 1984 Act and Ss.3, 4 of 1908 Act - Petitioners had a very desperate idea to..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304B -- Default bail - Offence u/s 304-B IPC - Charge sheet not filed within period of 90 days - 90 days period expired on 04.02.2018 - Application for default bail moved on 05.02.2018 and on the same day charge sheet also filed - Bail granted...........
Criminal Procedure Code, 1973, Section 229, Indian Penal Code, 1860, Section 409, 420, 467, 468, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(D) -- Discharge - Bitumen scam - Two charge sheets were submitted first against accused second against petitioners - Allegation against petitioners is short supply of bulk bitumen by supplier - However, allegation..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482, 320 -- Matrimonial dispute - Husband declared proclaimed offender (PO) - Compromise - Wife stated that compromise is out of her own free will, without any coercion or pressure - Plea of husband that order declaring him PO is in violation of provisions of law as he was admittedly in USA..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Abetment of suicide - Discharge - Deceased borrowed money and gave money to accused - Accused failed to repay the same - Deceased repeatedly asked to repay the same, but when amount was not repaid by accused, deceased committed suicide after killing his wife and daughter - No evidence on..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Offence u/ss 420, 477-A, 120-B IPC and 13(2), 13(1)(d) PC Act - Merely because cements were not lifted from IDCOL godown or were not purchased from some of dealers of IDCOL cement, assumption drawn by informant and by I.O. that two suppliers supplied slag cements cannot be accepted particularly in absence of any..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 7, 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - While taking bribe money it cannot be said that accused was purporting to act in the discharge of his official duty - S.197 Cr.P.C. not at all attracted - Moreover when offence of criminal conspiracy..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4 -- Bail - Offence u/s 304(Part I)PC and Ss.3, 4 of SC/ST Act - FIR registered on 12.01.2016 of occurrence 10.01.2016, at the instance of son of deceased, who claimed himself to be eye witness to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 504, 506 -- Withdrawal of complaint - Warrant case - Not permissible - Magistrate can discharge accused u/s 245(1) Cr.P.C. if upon taking evidence referred to in S.244 Cr.P.C. finds that no case against accused is made out...........
