Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petition can be filed u/s 482 Cr.P.C for quashing of charge sheet even before framing of charges and it would not be in the interest of justice to reject the application merely on the ground that accused concerned could argue legal and factual issues at the time of framing of charges...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Charges were framed on 23.2.2024 and out of total 35 PWs only one PW has been examined till date - No recovery effected from petitioner and he was nominated only on the basis of disclosure statement of co-accused - Investigation of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 397 -- Bail - Offence u/ss 395, 397 - Challan was presented and charges were already framed - Out of 23 PWs only 1 witness has been examined till date - Petitioner has undergone an actual custody of 1 year and 27 days and there is not other case registered against him - Veracity of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering bail application apart from seriousness of charges and severity of punishment, paramount consideration should be given to whether there are chances of absconding or tampering with the witnesses or intimidation to victim or witnesses on the part of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Investigation of case is complete and charges were framed and presented - Out of 25 PWs, none has been examined till date - Accused has undergone actual custody of 8 months and 5 days and there is one other case registered against him -..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Once Trial Court found no evidence to convict accused, burden was upon High Court, while reversing the said judgment, to record clear findings in relation to each of the charges and, more particularly, the charge of criminal conspiracy u/s 120-B IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B -- Bail - Cheating - Investigation of case is complete and challan stands presented - Charges are yet to be framed and out of 20 PWs, none has been examined yet - Conclusion of trial is likely to take long time - Detaining accused behind the bars for an indefinite period would solve no..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cancellation of anticipatory bail - Cheating - Forged documents - Veracity and authenticity of documents alleged to be forged were to be ascertained by I.O. - Charges were framed against accused - Custodial interrogation of accused not required - Anticipatory bail..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
