Indian Penal Code, 1860, Section 409 -- Misappropriation of public funds - No evidence on record to show that missing cash vouchers were entrusted to accused or accused was custodian of the same at any time - No offence made out against accused from the contents of FIR and material available on record - Even a suspicion does not arise about commission of offence by accused..........
Prisons Act, 1894, Section 30, 59, Punjab Jail Manual -- Chapter XXIX, Para 368 - Prisoner sentenced to death - Accused/appellants kept in solitary confinement - Under Para 368 the provisions of keeping convict of death sentence in solitary confinement before exhaustion of his constitutional, legal and fundamental rights is without authority of law and also violative of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Cruelty - Investigation of case is complete - Trial Court yet to take a call on report filed by police - Petitioners had already been in jail around a year - Bail granted...........
Kerala Abkari Act, 1977, Section 55(a) -- Seizure of spirit stored in 58 cans - Reduction of sentence - Incident occurred in 2007 - Three persons were arrested in the incident and accused was one of them - Accused already undergone jail sentence of around 1 year 3 months till date out of total sentence of 3 years as awarded by High Court and he still continues to remain in..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused who confined in jail allegedly assaulted another under trial prisoner with a broken brick - Motive behind the crime not proved by prosecution - Presence of brick inside the jail appears to be doubtful, as the evidence of jailor PW2 is silent as to where he brought brick and produced it before I.O - Medical..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Normal rule is bail and not jail - Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused involved in that crime...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 65, 85, Drugs and Cosmetics Act, 1940, Section 18A, Criminal Procedure Code, 1973, Section 439 -- Recovery of prohibited drugs without valid licence - Bail - Accused not fit to be kept in jail for indefinite period - Accused suffering from heart disease and his blood sugar is uncontrolled and is required to..........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder case - Merely because accused booked u/s 498-A IPC during parole period and was kept in jail for 18 days and later on released as police found him to be innocent, is no ground to decline premature release to petitioner from jail, as offence u/s 498-A IPC is a domestic dispute within family...........
Indian Penal Code, 1860, Section 376(2)(f), 302, 342 -- Rape and murder - Death sentence - Rarest of rare case - Deceased was last seen in the company of accused - Dead body of deceased found in the house of accused - Medical evidence corroborated the prosecution version - Prosecution proved its case - Accused rightly convicted - However, case does not fall in the category..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death sentence - Accused has no criminal history - No blameworthy conduct depicted by accused in jail - Case does not fall in category of rarest of rare cases - It would be in interest of justice if death sentence is commuted to life imprisonment - Life imprisonment should be with a cap of 20 year R.I, which..........
