Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - A material change in fact situation or law is sine qua non for a second application for pre-arrest bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Second anticipatory bail application - Rape - Accusation made against accused is very serious in nature and it prima facie shows a pre-mediated criminal act on his part - There is no change in any of the circumstances - Fact that victim and her husband has filed certain complaints..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person in judicial or police custody in some other offence - No bar in entertaining and deciding an application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Anticipatory bail - Cheating - Charge sheet has been filed without arrest of accused - Interim protection was granted to accused and there are no allegations that during period of interim protection she ever tried to influence the witnesses or temper with evidence - Bail..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Mere fact that accused is having some heart ailment wherein stunt has been put in his heart, cannot be ground for exemption u/s 205 Cr.P.C, as it is very common in entire world...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence u/ss 3, 4 of PMLA Act - Allegations against accused are of laundering a huge amount of money which has come in the investigation - Accused is a man of means and even if he is looking after his father, mother he can make an alternative arrangement and that cannot be a ground of S.205..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Complaint by DDA against company - Finding of fact recorded by trial Court with regard to two directors who came to be acquitted, as they are not in day to day affairs/management of company - It is the company who is legal entity which was sought to be prosecuted - Leave to appeal..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 471, 468, 467, 120B, 34 -- Quashing of proceedings - Cheating - Allegation that wife allegedly left matrimonial home after 29 years of marriage with ornaments/accessories worn on regular basis being a Traditional Bengali married women, cannot be basis of a criminal case between married..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - Proceedings do not contemplate the proof regarding sufficient cause for living separately - Proceedings u/s 125 Cr.P.C. are summary in nature - It is sufficient if negligence or refusal on the part of husband in providing maintenance to wife is demonstrated...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Parties living separately - It is not open for husband to put forth the contention that he is willing to maintain petitioners, if they come and reside with them...........
