Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cancellation of bail has been sought only on the ground of adding a non-bailable offence - All the circumstances necessary to consider bail were available on record - Neither medical condition went aggravated nor any fresh evidence was taken on record - Bail once granted should not be cancelled in a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(1), 378(4), 256 -- Dishonour of cheque - Death of complaint during pendency of case - There is no provision in Cr.P.C or NI Act laying down that on account of death of payee, trial must be abate - Legal heirs of original complaint are entitled to come forward and ask for subsitiution..........
Criminal Procedure Code, 1973, Section 437, 439, 441 -- Bail bonds - Refusal to ascertain the amount of bail bond by trial Court - Once accused is released by High Court and there is no mention about bail amount, it is incumbent on trial Court to fix amount for bail bonds...........
Criminal Procedure Code, 1973, Section 482 -- Closure of prosecution evidence - Part statement of I.O. in a corruption case recorded - If witness avoids to appear in Court despite service of summons then Court has to take necessary steps for securing presence of witness by issuing summons to him or by adopting coercive methods for securing his presence - Prosecution..........
Evidence Act, 1872, Section 45 -- Voice sample - Magistrate can order taking voice sample for the purpose of investigation, as authorised by Supreme Court, till there is specific provision in Cr.P.C...........
Criminal Procedure Code, 1973, Section 439 -- Second bail application - If co-accused against whom specific allegations were made is granted bail subsequent to rejection of first bail application, said ground may be considered as fresh ground to consider second bail application of accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Second bail application - Dowry death - Applicant is not a direct family member of in-laws of victim, as he is a cousin brother of husband of victim - Husband and mother-in-law of victim already granted bail - There is no progress of trial..........
Indian Penal Code, 1860, Section 364, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 364, 34 IPC - Where main accused is acquitted, no criminal proceeding can be sustained against co-accused on the same set of witnesses - Proceedings qua co-accused quashed...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Parties have arrived at amicable settlement voluntarily - Family Court declared the status of marriage no more in existence by mutual consent by rightly applying Muslim Personal Law - Proceedings against husband quashed...........
Indian Penal Code, 1860, Section 354A, 506, 509, Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10 -- Offence u/ss 354-A, 506, 509 IPC and Ss.9(m), 10 of POCSO Act - Victim, PW2 and PW3 who are related to each other have corroborated occurrence in the same manner as was reported to police and also deposed by victim in her statement recorded u/s 164..........
