Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Maintainable on fresh grounds and where reason for rejecting first bail application has been washed off...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Accused has undergone kidney transplant and he is prone to infections - In such condition, if accused is taken into custody for any reasons, his life would be endangered - However, accused may not take benefit of his physical/mental condition and he will cooperate with trial proceedings to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Compromise - Cruelty - Dowry demand - Matrimonial dispute between husband and wife should be quashed when parties have resolved their entire dispute amongst themselves through compromise - Even, conviction of accused..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of proceedings qua Director - If any Director or partner wants the process to be quashed on the ground that only a bald averment is made in the complaint and that he/she is really not concerned with issuance of cheque, he/she..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Gravity and seriousness of offence is a relevant consideration for purpose of grant of bail - However, while granting bail to accused, High Court has not discussed the role attributed to accused and his overt act in commission of offence - Order granting bail set aside...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused pleaded that he joined the investigation and charge sheet has been filed and since he was not arrested, he is thus, entitled to anticipatory bail - However, correct approach would have been for accused to apply for regular bail, as person need not be produced in custody on charge sheet being filed -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Maintainability - Trial Court dismissed application u/s 311 Cr.P.C. filed by petitioner holding that same was not bonafide and maintainable at end of trial - Held, the power vested u/s 311 Cr.P.C. can be exercised at any stage of trial - Thus, trial Court is directed to decide application afresh by testing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court to conduct a simple and necessary inquiry and not roving inquiry for coming to conclusion that a prima facie case is made out for accused to stand trial...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
