Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape of 3 years old minor girl - Prima facie evidence on record that accused has committed an inhuman act of rape on a minor girl of 3 years - Victim has narrated her ordeal in words as well as in signs and..........
Criminal Procedure Code, 1973, Section 125, Indian Penal Code, 1860, Section 191, 193 -- Maintenance - False evidence - Wife filed petition for maintenance stating that she has no source of income or property and is unable to support herself - In fact wife was employed - Wife stating that when she instructed her counsel to file petition for maintenance she was unemployed -..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within period prescribed - Accused is not entitled to default bail if cognizance is not taken before expiry of stipulated period...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), Criminal Procedure Code, 1973, Section 439 -- Recovery of 920 intoxicating tablets - Bail - Keeping in view the nature and quantity of contraband as well as custodial period of accused, his further detention behind the bars may not be necessary for any purpose, without expressing any opinion on merits of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 395, 397, 342, 412, 506 -- Discharge - Rape - Robbery - Medical evidence on record shows that there is no external or internal injury found on the person of victim or on her private parts - Witnesses of alleged kidnapping who were produced by police as eye witnesses have not named accused -..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Merely because wife has chosen to file application after 36 years of marriage, husband who admittedly earns Rs.40,000 p.m cannot absolve of his obligation to pay interim maintenance - No jurisdictional error or apparent error on the face of record in awarding meagre sum of Rs.5,000 to wife as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1 quintal 3 kg 290 grms Ganja - Bail - Keeping in view nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused, reasonable..........
Criminal Procedure Code, 1973, Section 439 -- Bail - It is not necessary for a Court to give elaborate reasons while granting bail particularly when case is at the initial stage and allegations of offences by accused not crystallized as such...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Bail granted by High Court by passing a very cryptic and casual order, de hors cogent reasoning - Court though not to engage in an elaborate discussion on merits of the case but in the instant case bail granted by not taking not account even a single aspect of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(c), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Notice of application for extension of time to submit charge sheet u/s 36-A(4) of NDPS Act - Accused being produced before Court on the date of filing of application for extension or on the date of any order being passed..........
