Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Two competent criminal Courts have recorded concurrent findings of facts while taking cognizance against petitioner and while dismissing revision - Order taking cognizance is proper...........
Criminal Procedure Code, 1973, Section 54 -- Death sentence - Life imprisonment without any remission till last breath can be imposed as a substitution of death sentence...........
Criminal Procedure Code, 1973, Section 435 -- Premature release - Case of premature release of a life convict is governed by policy of Government prevailing on the date of judgment of conviction and not by policy which existed on the date of consideration of his premature release...........
Criminal Procedure Code, 1973, Section 435, Indian Penal Code, 1860, Section 302, 212, 449, 120B, 34 -- Premature release - Murder case - Policy prevailing for premature release of convicts was Premature Release policy 1993 in which condition required for life convict was to undergo 14 years of actual sentence including under trial period provided of such sentence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Challan stands presented - It is a case of no injury - Out of 16 PWs none has been examined so far - Accused has been in custody since 2021 - Trial is unlikely to conclude any time soon - No useful purpose would be served by keeping..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Compromise - Cheating - Dispute pertaining to giving of money for purpose of getting a case decided from a judicial officer is not a case of simplicitor financial dispute - FIR cannot be quashed merely on a basis of fact that matter is compromised and offence involved is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Compromise - Cheating - Dispute pertaining to financial dispute simplicitor can be a ground for quashing of FIR based upon compromise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg Ganja - In a case when there are arguable points on merits and custody is also adequate, the Hon'ble Supreme as well as various High Courts have granted bail even in cases involving commercial quantity...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg Ganja - Bail - Several arguable points in the case which would be finally considered at the time of trial - Keeping in view facts and circumstances of the case as well as custody period of petitioner, bail granted to petitioner with..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At least there has to be some factual supporting material for what has been alleged in the FIR - Completely missing in the instant case - Proceedings quashed...........
