Indian Penal Code, 1860, Section 392, 397, Evidence Act, 1872, Section 9 -- Offence u/ss 392, 397 IPC - Test Identification Parade (TIP) - Incident took place in Feb 1997 and accused arrested in Sep 1997 - TIP was conducted in Oct 1997 - Investigating authority had no occasion to produce accused in TIP before his arrest - Moreover, accused was identified by PW3 in dock..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Misappropriation of money - Serious and grave allegations of fraud and misappropriation of large amount of money of farmers are made against accused - Old age or ailments etc. of accused cannot help them in escaping arrest and custodial..........
Criminal Procedure Code, 1973, Section 438(2) -- Anticipatory bail - Granted subject to deposit of Rs.41 lakhs in Court and upon furnishing personal bond in the sum of Rs.Fifty thousand - Dispute pertains to agreement to sell and amount of Rs.41 lakhs is alleged to be paid to accused - By imposing condition of deposit of 41 lakhs in an application for pre-arrest bail, High..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Factors for grant of pre-arrest bail are the nature of accusation and severity of punishment in the case of conviction and nature of materials relied upon by prosecution, reasonable apprehension of tampering with witnesses or apprehension of threat to complainant or witnesses, reasonable possibility of..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85, Arms Act, 1959, Section 25, 54, 59 -- Transfer of investigation to CBI - Recovery of Heroin and arms - Report of Special Director General of Police shows that police officials while investigating case committed offence u/s 58 of NDPS Act, which..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 82, 174A -- Dishonour of cheque - Proclaimed offender - Warrant of arrest received back unexecuted with report that accused has left the given address - Court is duty bound to ask complainant to furnish his fresh address and ensure that accused is duly served before commencing with the coercive..........
Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased not discovered or identity of dead body is disputed - Directions issued Viz: (i) Where dead body of deceased not discovered or identity of dead body is seriously disputed or is in doubt, investigating agencies/prosecution must make all efforts to collect and produce before Court all possible..........
Indian Penal Code, 1860, Section 379 -- Theft - Removal of sand - Prosecution had not marked arrest memo which is indispensable to prove arrest of accused from scene of occurrence - Nothing on record to indicate that accused actually removed sand with a dishonest intention to commit theft - One lorry and one shovel was recovered as per seizure mahazar - However, no enquiry..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1)(d), 13(2) -- Anticipatory bail - Accused joined investigation for the last over three years - Arrest of accused not considered necessary at any point of time during this long period of investigation - Apprehension that accused may tamper with evidence being in..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Non payment - Husband on one pretext or the other tried to evade his obligation to pay the maintenance amount - Issuance of conditional warrants of arrest, upheld...........
