Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - When disposal of appeal is likely to take time, accused may be ordered to be released on bail - There are compelling reasons for suspension of execution of sentence during pendency of appeal - There does not appear any other adverse reason to deny relief to accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Quashing of order - Order sending victim to Nari Niketan - Kidnapping and rape - It is not clear that victim was sent to Nari Niketan on her wishes and it is also not clear that any application was moved by..........
Criminal Procedure Code, 1973, Section 428 -- Benefit of set-off - Pre-conviction period of detention suffered by accused even if it is the nature of simple imprisonment is to be set off against sentence of rigorous imprisonment...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 60 kg Ganja - Bail - Quantity of ganja seized from possession of petitioners is a commercial quantity - Bar and rigor contained in S.37 of NDPS Act, applies to the case - Prima facie case against petitioners is made out -..........
Criminal Procedure Code, 1973, Section 482 -- Addition of offences - Petitioner not being complainant in the case, cannot ask for addition of particular offences in the case - He may avail of remedy by approaching Illaqa Magistrate seeking registration of FIR by filing an application u/s 156(3) Cr.P.C or by filing a private complaint - Petition held, dismissed...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - If there is exchange of some hot words between Court and counsel, same is not a ground for transfer of case...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case filed u/s 12 of PWDV Act - Merely because Magistrate has failed to dispose of application of petitioners filed u/s 12 of PWDV Act, is not a ground to transfer the case - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case filed u/s 12 of PWDV Act - CJM while rejecting transfer application made some uncalled for and unnecessary remarks against Advocates - Remarks made by CJM against Advocates expunged...........
Indian Penal Code, 1860, Section 498A, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - General and omnibus allegations made against petitioners - FIR in question is lodged only to wreck vengeance so also with a revengeful intent in order to pressurize and harass petitioners - Complainant has left her matrimonial home voluntarily without..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Double jeopardy - Offence u/s 14 of Child Labour Act is quite different and distinct from offence u/ss 342, 323, 34 IPC - Principles of double jeopardy does not apply - Order taking cognizance of offences punishable u/ss 342, 323, 34 IPC is proper...........
