Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Imposition of onerous conditions to deposit cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs, for grant of bail tantamount to denial of bail..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - When a specific role was attributed to accused, High Court could not have quashed FIR u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Composite sentence of civil imprisonment for a period of 12 months - Court cannot impose composite civil imprisonment in case of default in payment of maintenance arrears/allowances for a period of more than one month in a single stroke - Impugned order held, set aside...........
Criminal Procedure Code, 1973, Section 433, 434 -- Remission - Murder case - Accused is in jail since 2007 and more than 14 years are already completed - He was young boy and due to bad luck and fear he may have committed the crime - Accused has no criminal antecedents attributed to him - State thus, may consider his case for remission...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 34 -- Permission to travel abroad and release passport was dismissed - Offence u/ss 420, 406, 120-B, 34 IPC - Court is required to draw a balance between right of petitioner to travel abroad and also right of prosecution to duly prosecute petitioner so as to prevent him from..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - While considering criminal appeal u/s 374(2) Cr.P.C, High Court was required to evaluate entire evidence on record independently and to arrive at its own findings as regards culpability or otherwise of accused on basis of evidentiary material...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife and son - Adultery - Husband denied the paternity of son born to wife - DNA profile of son not matched with DNA profile of husband - Son held, not born from cohabitation of husband and wife and therefore, wife is living in adultery - Maintenance rightly denied to wife and son...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Criminal Procedure Code, 1973, Section 439 -- Contraband - Non-compliance of S.50 of NDPS Act - Bail - Notice u/s 50 of NDPS Act mentions that accused having been apprised of his rights, but said notice is absolutely silent as to what rights were apprised to accused as also whether he was apprised of his..........
Evidence Act, 1872, Section 65B(4), Criminal Procedure Code, 1973, Section 91 -- Certificate u/s 65-B(4) of Evidence Act - Main documents in respect of which certificate u/s 65-B(4) of Evidence Act is required, already marked or produced - There is thus, no bar to produce such certificate at a later stage of trial of case - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - If some mistake is committed in not producing relevant documents at the time of submitting charge sheet, it is always open to I.O to produce the same with permission of Court...........
