Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to wife - Wife is residing with her parents and has no source of income - Award of maintenance thus, cannot be denied to wife - However, since Court below has not dealt the issue regarding source of income of husband as such case remanded back and Court below to pass a fresh order...........
Criminal Procedure Code, 1973, Section 164(5) -- Confessional statement - Not required to be made on oath - Anyhow if it is recorded on oath it cannot be said that such statement loses its evidentiary value or that it cannot be relied upon for any purpose...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 408, 120B -- Quashing of proceedings - Offence u/ss 408, 120-B IPC - Arrest of accused from place `P' stands duly established on basis of general diaries recorded at place `P' as also at place `L' - Even, stand of petitioners that they had accompanied the police at place `L' to effect arrest of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 506, 148, 149, 302, 201, 323 -- Interim medical bail - Offence u/ss 307, 326, 452, 506, 148, 149, 302, 201, 323 IPC - As per medical advice, petitioner is still required to undergo complete bed rest, it shall be open for him to file an application by annexing all medical records in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Defence of husband struck off and it became final as husband never challenged said order - Maintenance granted to wife in view of income of husband is reasonable and suffers from no illegality - Maintenance rightly granted to wife...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 18, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 7 kg Opium - Bail - Recovered contraband is heavy in quantity - There is compliance of mandatory provision of NDPS Act - Presence of applicants far away from their usual place of residence further casts shadow on his defence - Sample has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 506, 34 -- Bail - Attempt to murder - Accused were arrested on 26.03.2022 in connection with crime and since then they have been in judicial custody - Injured was also discharged from hospital - Nine material witnesses also examined in the case - There is considerable progress in the..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 406, 409, 420, 34 -- Default bail - Charge sheet not filed within 60 days - Right accrued for default bail cannot be defeated by mere invocation of S.409 IPC claiming that period of completion of investigation and filing of charge sheet is 90 days - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Date on which accused was remanded to judicial custody has to be excluded from calculation of statutory period as prescribed u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21(c), 29 -- Default bail - Day of initial remand of accused to be excluded from statutory period - Prayer of extension allowed on 180th day - Unless statutory period of 180 days is completed, no right of default bail accrues in favour of accused - Bail..........
