Criminal Procedure Code, 1973, Section 117 -- Order to give security - Magistrate while ordering security u/s 117 Cr.P.C has to take into consideration status and position of person to decide quantum of security bond and cannot alter purpose of provisions from preventive to punitive by imposing heavy quantum of security/bond, which a person might be unable to pay - Demand..........
Criminal Procedure Code, 1973, Section 107, 117 -- Forfeiture of bond amount - Appellant is a daily wager earner and would not have proper means to arrange bond amount - Forfeiture of an amount of Rs.5 lakhs on ground of obstructing a public servant while on duty that too u/s 107 Cr.P.C is exceptionally high - Amount to be deposited by appellant is thus, reduced to nominal..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cannot be ordered merely for any perceived indiscipline on the part of accused before granting bail...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 151.45 kg Ganja - Bail - Contraband recovered was more than commercial quantity - Accused was apprehended at the spot and was having conscious and constructive possession over recovered Ganja - There is no prior ill will or enmity of accused with..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(b), 29 -- Default bail - Extension of time - Application for extension of time not in terms of mandate of proviso to S.36-A(4) of the Act as such same cannot be allowed - Default bail granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 447 -- Quashing of proceedings - Compromise - Offence u/ss 307, 323, 447 IPC - Complainant did not receive any injury on any vital part of his body so as to constitute attempt to murder - Merely because FIR/charge sheet incorporates provision of S.307 IPC would not by itself be a ground..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 45, 70, 4 -- Bail - Money laundering - Medical report of petitioner shows that he is an obese person weighting 153 kgs having erratic hypertension and diabetes issues - Obesity of petitioner who weighs 153 kgs is not just a symptom but is itself a disease which becomes root cause..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa) -- Dishonour of cheque - Complainant in a case u/s 138 of N.I Act is not a victim as defined u/s 2(wa) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) -- Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of N.I. Act is not entitled to file an appeal against acquittal according to provision of S.372 Cr.P.C rather he may prefer an appeal before High Court invoking provision of S.378(4) Cr.P.C...........
