Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to be released on bail will come to an end if the benefit is not availed and in the meantime challan has been filed - If the charge sheet is filed subsequently to availing individual right, then the said right would not stand frustrated or extinguished - In the instant case accused claimed to be released..........
Indian Penal Code, 1860, Section 420,406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Civil dispute - Quashing of FIR - Cognizance of offence u/ss 420 and 406 IPC - As per oral and documentary evidence upon which challan has been filed it is a case of non-execution of sale deed by petitioner No.2 - Held, if dispute between parties was initially a civil..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Challan submitted - Charge not yet framed - Held, trial of case will take some time - No purpose will be served to detain petitioner for indefinite period - Apprehension of prosecution that petitioner will terrorize prosecution witnesses not supported from contemporaneous record - Other accused already released on bail -..........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Accused was suffering from insanity on the date of incident - Incident happened on 18th of February, 1996 and even before challan was filed on 26th April, 1996, accused had been sent to Medical Hospital, Jaipur for treatment - She had remained admitted in hospital for treatment till 12th October, 1999 when she had..........
Criminal Procedure Code, 1973, Section 311 -- Summoning material witness - Application moved by prosecution u/s 311 CrPC for tendering handwritten documents and proof of signature of deceased - Contention that documents were not part of challan, hence, cannot be produced in evidence - Held, handwritten documents found to be necessary for just and proper decision of case -..........
Criminal Procedure Code, 1973, Section 306 -- Tender of pardon to approver - Petitioner included as accomplice in challan presented u/s 173 Cr.P.C. - Petitioner requested to grant pardon as he voluntarily agreed to turn approver - Request of petitioner supported by C.B.I - Held, request made by petitioner needs conscious consideration - Petitioner entitled to pardon with..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Contraband - Recovery of 3 Kg. of smack - Challan when not filed within period stipulated, accused gets an indefeasible right to the grant of bail and Court is to grant bail...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Contraband - Recovery of - Challan not filed within 180 days - Extension of time - Neither any report of Public Prosecutor indicating progress of investigation nor any specific reason for detention of accused beyond period of 180 days given - Bail granted...........
Delhi Rent Control Act, 1958, Section 14(1)(a),15(1), Constitution of India, 1950, Article 227 -- Rent - Non-payment - Eviction - Willful default - One day's delay in depositing rent on account of being declared holiday - Next day Naib Nazir handed over challan to tenant after lunch - Cash counter was closed till then - Tenant deposited amount on next day - Held, in facts..........
Criminal Procedure Code, 1973, Section 173, 172, 162, 161, Evidence Act, 1872, Section 145 -- Case diary - Supply of copy of statement of accused recorded in case diary - Statement recorded in case diary cannot be held to be a statement recorded u/s 161 Cr.P.C. - Statement recorded u/s 161 Cr.P.C. already supplied to accused - Accused has no right on a statement which is..........
