Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Cruelty - Petitioner joined investigation as per direction given by Court - Custodial interrogation of petitioner no longer required - Apprehension of petitioner fleeing away from process of law not expressed by investigating agency - Without going into merits of case,..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - When Court has applied its judicious mind to exempt accused, his absence cannot be found fault with by the Court...........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Conditions - Court is not expected to recover the amount in a criminal proceedings by putting condition to deposit money while granting bail...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court in case of acquittal is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court are found to be just and proper...........
Criminal Procedure Code, 1973, Section 438, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3, 4 -- Anticipatory bail in an offence u/ss 3, 4 of Act of 1989 - Not permissible in view of an express bar u/s 18 of Act of 1989 - However, summoning Court can grant bail on merits to which there is no statutory bar...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Accused not specifically informed to lead his defence evidence - Amicus Curiae made endorsement to the effect that accused does not want to give defence evidence - Endorsement made by Amicus Curiae does not reflect that it was made on the instructions of accused and accused was informed or made aware about..........
Criminal Procedure Code, 1973, Section 193 -- Summoning of additional accused - Sister of deceased who first reached place of occurrence did not name either of petitioners as an assailant - Even injured and independent witness not named the petitioners - Prosecution not gave any such evidence which convinced Court to record a satisfaction of existence of prima facie..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860 -- Summoning of additional accused - Material contradictions in the statements of PWs regarding manner in which incident took place - Ex-facie after testing evidence and material available on record is not such which can convince the Court regarding existence of evidence stronger than that required to..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C. - Encroachment of Municipal Board's Land - Executive Officer (Municipality) cannot have taken recourse of proceedings u/ss 145, 146 Cr.P.C. against a private individual - If at all the individual concerned were causing public nuisance, recourse was to be taken of proceedings u/s 133..........
