Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Criteria for deciding entitlement for default bail is completion of investigation and not filing of final report - Minor defects in final report will not entitle accused to bail - In case final report is returned for completing the investigation and not resubmitted, after curing defects, within stipulated..........
Criminal Procedure Code, 1973, Section 154, 482 -- Second FIR - Cannot be filed on receipt of every subsequent information in respect of same cognizable offence or same occurrence giving rise to one or more cognizable offences - If I.O after investigation after conclusion of investigation comes across any further information pertaining to same incident, he can make further..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused on bail in a bailable offence - Subsequently non bailable offence also got incorporated - Accused can seek anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Heinous offences alleged to be committed by responsible officers of State empowered with observance and implementation of law - Same is an aggravating factor to be taken note of, in deviation from general principles - If so, rigidity and not leniency is the rule of law - Anticipatory bail not granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Inordinate delay in lodging FIR is to be considered at the time of adjudicating bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 342, 506 -- Bail - Rape - Considering facts and circumstances of case, evidence on record, inordinate delay in lodging FIR and also the fact that trial is at its conclusive end and without expressing any opinion on merits of case, bail application allowed with conditions...........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. is inadmissible in evidence as said statement was not exhibited by the person who recorded it and also due to the fact that maker of such statement was not examined by trial Court...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Adverse inference can be drawn in view of complete denial and silence on the part of accused with regard to questions put to him u/s 313 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence with condition to deposit 20% of amount as compensation - Where a conditional order of suspension of sentence has been passed by appellate Court, on non-fulfillment of condition, suspension order can be vacated - Impugned..........
