Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Offence u/ss 409, 467, 468, 471 IPC - Reduction of sentence - Incident occurred in the year 1993 and accused already paid Rs.20,000 - Accused remained in custody for a period of 8 months and six days - While maintaining conviction of accused, sentence reduced to period already undergone...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 409, 420, 465, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(A), 13(2) -- Bail - Embezzlement of money - Accused is specifically named in the FIR and he is also prima facie found to be involved in the scam - He is behind bars for a substantial period of more than 5..........
Criminal Procedure Code, 1973, Section 409(2) -- Recall of Sessions trial - S.409(2) Cr.P.C creates a bar on administrative power of Sessions Judge for recalling sessions trial after trial of case has commenced...........
Criminal Procedure Code, 1973, Section 300(2), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409, 477A -- Double jeopardy - Accused earlier charged for offence u/ss 13(1)(c), 13(2) of Prevention of Corruption Act and Ss.409, 477-A IPC and was convicted in two cases and acquitted in one case - Present two cases arise out of..........
Criminal Procedure Code, 1973, Section 409 -- Withdrawal of case once assigned by Principal Sessions Judge to Additional Sessions Judge - Principal Sessions Judgment has no jurisdiction to withdraw/recall a case, in which trial/hearing has commenced before an Additional Sessions Judge as provided in S.409(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Further investigation - Offence u/ss 420, 409, 467, 468 IPC - Allegation of defalcation of goods and misappropriation of stocks from godown of Corporation - Case is of exceptional and special features where High Court was justified in ordering further investigation..........
Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Offence u/ss 420, 409, 467, 468 IPC - Further investigation - Exoneration of accused from departmental proceedings by itself may not be conclusive of criminal investigation and for this fact alone, High Court could not have ignored all other features of case and material factors that had surfaced before it - Further..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 120B -- Bail - Cheating - Accused is in custody since 27.7.21 - As many as 55 PWs are to be examined by prosecution out of which only 5 have been partly examined - Trial of case ought to have concluded within a period of 60 days - Co-accused already granted bail - Bail granted to..........
Indian Penal Code, 1860, Section 420, 409, 474, 471, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(i)(d), 7 -- Selling and using bus tickets got printed by the accused of their own and thus causing loss to the Govt. - Recovery of tickets not made in accordance with law, nor the seized tickets could be connected to the three different buses and the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 419, 465, 466, 471, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Bail - Offence u/ss 409, 419, 465, 466, 471 IPC and Ss.13(1)(c), 13(1)(d), 13(2) of P.C Act - Socio-economic offence - Petitioner had joined the investigation as and when called by CBI - CBI not..........
