Prevention of Money Laundering Act, 2002, Section 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3 of PML Act - Quashing of proceedings - Person by handing over money with intent of giving bribe, will be assisting or will knowingly be a party to an activity connected with the proceeds of crime in view of S.3 of PML Act - Role played by such person thus, would..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Parole - Offence u/s 22 of NDPS Act - Petitioner is in custody since last 1 year and 10 months and 5 days - He moved the application for grant of parole for meeting his family members and looking after them, as he has two minor..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Offence u/s 3(2)(5) IPC - Involvement of accused is apparent from CCTV footage - Accused has been identified by informant which is corroborated by statement of accused - Offence in question is a heinous crime - Prima facie there is no good ground to presume false implication of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Offence u/s 3(1)(10) of SC/ST Act - Investigation of crime under the Act should be carried by Officer not less than Officer rank of Dy.S.P - Since I.O has admitted that he was not Dy.S.P at the relevant time, accused rightly acquitted...........
Indian Penal Code, 1860, Section 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Offence u/ss 504, 506(2), 114 IPC and S.3(1)(10) of SC/ST Act - Panch witness turned hostile and not supported case of prosecution - Complainant stated that he was not able to identify his application given to police -..........
Indian Penal Code, 1860, Section 302, 34, 506(2) -- Murder - Material contradictions between all PWs - Not a single witness affirmed the manner in which whole incident took place - Even, the presence of eye witnesses on the spot is doubtful - Motive of crime not proved - No substantial evidence connecting accused to offences in question - Prosecution miserably failed to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused belong to gang which commits crime of similar nature - Accused are involved in 20-25 similar cases - However, no documents or any proof was submitted regarding same - Said factor therefore, cannot be taken into account - Since offence in question is otherwise not proved against accused,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - In a case involving a serious criminal offence - Court is duty bound to consider : (i) The seriousness and gravity of the crime; (ii) The role attributed to the accused; (iii) The likelihood of the witnesses being tampered with if bail is granted; (iv) The likelihood of the accused not being available for trial if bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 147, 148, 149, 504, 506 -- Quashing of proceedings - Compromise - Attempt to murder - Fourteen accused persons were involved in the crime and fire arms weapons were used - Offences alleged to have been committed by accused are crime against society - Even in such case, if settlement is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 342, 376(D), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Bail - Offence u/ss 341, 342 and 376(D) & Protection of Children from Sexual Offences Act, 2012, Ss.4, 8 - Grant of bail on the ground that accused is ready to deposit ad interim compensation of Rs.1 lakh in..........
