Criminal Procedure Code, 1973, Section 436A -- Bail to under trials - Statutory right to bail granted to accused in terms of provision contained in S.436-A Cr.P.C, cannot be defeated by stating that despite best efforts, victim could not be traced...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Second bail application - Accused has remained in custody for a period of four years and three months - Only 5 out of 15 PWs have been examined - Conclusion of trial is to take time - Second bail application allowed...........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C - Maintainability - Filing of revision petition before Sessions Court not bars High Court from entertaining an application u/s 482 Cr.P.C invoking inherent jurisdiction for limited purpose of looking at it as to whether there has been miscarriage of justice or that ends of justice would be secured by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife disclosed in the petition regarding filing of earlier petition for grant of maintenance under D.V Act and interim maintenance granted therein - Magistrate after taking into account said facts directed to payment of maintenance to wife - Contention of husband that in an overlapping jurisdiction..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Contention of husband that affidavit filed by wife was not sworn before any Magistrate is of no significance, as affidavit was filed before Magistrate only who had accepted the same - Otherwise, also Governments have made self attestation of affidavits sufficient to file the same - Contention rejected...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Solitary incriminating circumstance appearing against accused has not been put to him in his statement u/s 313 Cr.P.C - Accused therefore had no opportunity to explain said circumstance - Serious prejudice is thus, caused to accused - However, since the incident is of the year 1995 and more..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Law as to: (i) It is the duty of Trial Court to put each material circumstance appearing in the evidence against accused specifically, distinctively and separately - The material circumstance means the circumstance or the material on the basis of which the prosecution is seeking his conviction; (ii)..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - When Trial Judge prepares questions to be put to accused u/s 313 Cr.P.C, before putting the questions to accused, Judge can always provide copies of the said questions to the Public Prosecutor as well as defence Counsel and seek their assistance for ensuring that every relevant material circumstance..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - While recording the statement u/s 313 Cr.P.C in cases involving a large number of PWs, Judicial Officers will be well advised to take benefit of S.313(5) Cr.P.C, which will ensure that the chances of committing errors and omissions are minimized...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Trial Court has discretionary power to order maintenance from date of order if there are circumstances and reasons for doing the same...........
