Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7 -- Anticipatory bail - Offence u/s 120-B IPC and S.7 of P.C. Act - Charge sheet has been submitted - Cognizance of case also taken - Applicant not appeared before Court concerned - Process of bailable and non-bailable warrant were issued on..........
Indian Penal Code, 1860, Section 420, 468, 120B -- Cheating - Forged document - Quashing of charge sheet - Allegation that accused have forged certain documents to change surname of his son in school record - However, during investigation, I.O has failed to collect any evidence to show that even a single document was prepared by accused for purpose of cheating - Charge..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application for statutory bail not filed prior to filing of charge sheet - Application filed only after filing of final report - Indefeasible fight to seek statutory bail got over - It is not revived subsequently...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is filed within stipulated period, right of accused to seek statutory bail stands extinguished - Such a right does not get revived merely for the reason that Court has not taken the case on file and assigned a number...........
Criminal Procedure Code, 1973, Section 438 -- Interim protection - Relaxation of condition - Accused directed not to enter village - Since, investigation is complete and State can file charge sheet - Relaxation as prayed for granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed in time but was returned as defective - Defects were cured and charge sheet was re-presented beyond the period in the said proviso - Accused not entitled to default bail...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - Particulars required to be given in anticipatory bail application, viz. (i) Charge-sheet along with entire material collected by I.O should be made part of anticipatory bail application; (ii) Clear pleading with reference to material on record should be made stating under which..........
