Criminal Procedure Code, 1973, Section 439, 167(2) -- Default bail - Strict rules of pleadings not applicable in bail petition - Even if a ground for grant of bail is not taken in the bail petition and not argued by the counsel for the accused, Court is not deprived of releasing the accused on bail on such ground if it is legally sustainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of five cheques - Two complaints - Joint trial - Liability of accused in both the cases is different in nature as in one case cheques are stated to have been issued to discharge debt of financial assistance provided by an individual, whereas, in another case cheques..........
Criminal Procedure Code, 1973, Section 293 -- Report of Ballistic Officer - Report of a Ballistic Officer who is a Government scientific expert is although admissible u/s 293 Cr.P.C, but before placing reliance on such report, person facing trial has to be given full opportunity to challenge and rebut the report...........
Criminal Procedure Code, 1973, Section 293 -- Report of Ballistic Officer - Neither copy of report was supplied to accused nor contents of report were brought in evidence - Accused did not have opportunity to challenge report - Sessions Judge even omitted to put any question to accused in his examination u/s 313 Cr.P.C on basis of contents present in the report which were..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Indefinite adjournment in a matter relating to anticipatory bail that too after admitting it, is detrimental to valuable right of a person...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail application along with interim bail - When an application for anticipatory bail along with application for ad-interim relief was listed before Single Judge, Judge should have decided the application one way or the other, so far as ad interim prayer or should have taken up for consideration after giving some..........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C - Does not fall within ambit of evidence - Such evidence is only for confrontation in cross-examination - Statement recorded u/s 161 Cr.P.C being wholly inadmissible in evidence, cannot be taken into consideration...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder - Complainant is an Advocate who tried his best for treatment of his father but on the way he died - He along with other returned back to home and FIR lodged after seven hours from time of incident against unknown accused - Complainant has no suspicion against accused at..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Cancellation of bail granted in an offence u/s 376 IPC and S.6 of POCSO Act - Where victim is minor, grounds of love affair between parties and refusal to marry are circumstances which will have no bearing for grant of..........
Constitution of India, 1950, Article 32, Criminal Procedure Code, 1973, Section 482 -- Writ petition under Art.32 COI to quash and set aside criminal proceedings/FIR - Relief which can be considered by High Court u/s 482 Cr.P.C. not to be considered by Supreme Court in exercise of powers under Article 32 of the Constitution of India...........
