Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 451, 506, 148, 149, 120B, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Accused are in judicial custody for last more than 2 years - Conclusion of trial is likely to take a long time - Accused have volunteered to pay Rs.50,000/- each to victim towards his medical expenses..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 25, 54, 59 of Arms Act and S.34 IPC - Vehicle in question transferred in favour of petitioner by its previous owner - If vehicle in question is allowed to be parked in police station it may become unfit for road worthiness - Since trial of case is likely to take some..........
Criminal Procedure Code, 1973, Section 482, 451 -- Release of seized vehicle - Vehicle involved in offence u/s 379 IPC and S.21 of Mines and Minerals Act - Tractor was meant for transfer of material from legal mines - Petitioner has only captioned muddamal tractor for livelihood and source of income - Petitioner is ready to compound offence by depositing fine amount -..........
Criminal Procedure Code, 1973, Section 451, 457, Indian Penal Code, 1860, Section 379 -- Release of seized vehicle - Vehicle involved in illegal transportation of sand - Theft - Concerned authority/revenue officials have not filed any private complaint and also have not filed any application before designated Court seeking to confiscate said vehicle and other materials,..........
Indian Penal Code, 1860, Section 323, 341, 148, 451 -- Offence u/ss 323, 341, 148, 451 IPC - Remand of case by Revisional Court by setting aside order of acquittal - Offences alleged were of trivial nature - Three years precious time of trial Court was consumed in providing opportunities to complainant for giving evidence but he failed to do so without showing any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Indian Penal Code, 1860, Section 376, 451, Evidence Act, 1872, Section 114A -- Rape - Absence of consent - Presumption as to - Victim stated that accused had gagged and forcibly undressed her to have sexual intercourse and when she cried he threatened to kill her and then gave assurance to marry her - Factum of incident gets support of her disclosure before her mother and..........
Indian Penal Code, 1860, Section 376, 451 -- Rape - Reduction of sentence - Accused was 24 years old at the time of incident and a boy of poverty stricken - He already spent 6 years in jail and his poverty condition should be considered as a special ground to reduce sentence already undergone - Keeping accused for 1 year more in jail custody would not affect interest of..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Offence u/ss 324, 326, 308, 34 IPC - Petitioner is owner of car - There can be no objection to release of vehicle to his interim custody - However, it is not proper for this Court to pass any orders releasing vehicle to interim custody of petitioner without verifying the documents - Impugned order..........
Indian Penal Code, 1860, Section 451, 323, 147, 506 -- Offence u/ss 451, 323, 147, 506 IPC - Main witness of incident not examined by prosecution - PW3, independent witness, reached at the spot after the incident - Exaggeration that clothes were smeared with blood as stated by PW1 not matched with medical evidence - Prosecution thus, failed to explain as to whether it was..........
