Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 323, 504, 506, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - Clash between two groups and there is murder of each person in each group - There is not only damage to public property but also damage..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 364A, 506, 324, Arms Act, 1959, Section 25(1B)(a), 27 -- Bail - On the medical grounds - Offence u/ss 395, 364-A, 506, 324 IPC and Ss.25(1-B)(a), 27 of Arms Act - Nothing on record to show that health condition of petitioner had worsened at any point of time to release him on bail -..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Application for release of vehicle cannot be rejected on the ground of identification, as photographs of vehicle with panchnama by I.O can be taken while releasing vehicle...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in offence u/ss 307, 341, 506, 34 IPC - Magistrate or Court has power to dispose of application for releasing vehicles to RC owners by imposing certain conditions - Rejection of application for releasing the vehicle thus, not proper - Application allowed...........
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence committed both under POCSO Act and SC/ST Act - Provisions of POCSO Act will prevail over SC/ST Act in the case of bail - Accused to take recourse to the..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through duly constituted attorney of bank - Statement of attorney as required u/s 200 Cr.P.C. not recorded - However, sufficient material on record viz. cheque in question, memo of dishonour, demand notice and receipt depicting issuance of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Custodial interrogation not required - Anticipatory bail cannot be granted merely on this ground - Court hearing anticipatory bail application should consider prima facie case, nature of offence and severity of punishment...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354A(1)(i), (ii), (iv), 354A(2), 354A(3), Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 11 -- Anticipatory bail - Offence u/ss 354-A(1)(i), (ii), (iv), 354-A(2), 354-A(3) IPC and Ss.7, 8, 9, 11 of POCSO Act - Victim girl is traumatized to such a high degree that her..........
Indian Penal Code, 1860, Section 498A, 323, 604, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Allegations made in FIR and collection of evidence is not sufficient even at prima facie stage to attract ingredients of offence punishable u/s 498-A IPC - As regarding other offences, unless those other offences are shown which would amount..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 13 kg morphine - Bail - Large quantity of contraband was found in a car driven by co-accused - Statement of co-accused recorded u/s 67 of NDPS Act has also named his owner accused - In the face of S.37 of NDPS Act, High Court could not and..........
