Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - When a convicted person is sentenced to a fixed period of sentence and appellate Court finds that due to practical reasons that appeal cannot be disposed of expeditiously, it can pass appopriate orders for suspension of sentence...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, 417 -- Suspension of sentence during pendency of appeal - Rape - False promise of marriage - Prosecutrix gave her consent to have sexual intercourse with accused - She had knowledge that accused had his wife, but separated - Prima facie nothing has been shown to Court to substantiate plea of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery nearer to commercial quantity - Whether a case is made out or not for convicting accused is an issue which is to be considered and decided by trial Court/Magistrate/Special Judge after evaluating of material placed on record -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Cheques has not been signed by present petitioners, the same has been signed and issued by `A' from individual bank account maintained by him - Present petitioners cannot be made vicariously liable for the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........
Criminal Procedure Code, 1973, Section 190, 173, 482 -- Acceptance of protest petition and treating same as complaint case - Protest petition was filed submitting that investigation was conducted in a arbitrary and clumsy manner and another supplementary protest petition was filed - Protest petition was accepted by Special Judge and treating the same as a complaint -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Bail - Kidnapping and rape - Accused committing penetrative offence against a 16 years old minor child - Statement..........
Criminal Procedure Code, 1973, Section 344, Indian Penal Code, 1860, Section 193 -- Giving false evidence - Offence u/s 344 Cr.P.C and S.193 IPC cannot be acted simultaneously, as offence u/s 344 Cr.P.C is a summary trial while offence u/s 193 Cr.P.C is a warrant trial procedure - Magistrate is require to decide as to whether he wants to proceed u/s 344 Cr.P.C or u/s 193..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Common intention - Role assigned to accused is merely that he caught and hold deceased to detain him during incident - Act of accused was deemed to have been committed by all accused in furtherance of common intention to murder deceased and he shall be deemed to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Prima facie case against accused is established - Incident occurred in day light and witnesses are neighbouring, naturally residing in locality knowing both accused and complainant - Presence and identification of accused is probable - Role of accused cannot be..........
