Criminal Procedure Code, 1973, Section 164, 154 -- Statement recorded u/s 164 Cr.P.C - Stands on much superior pedestal in comparison to information which formed the basis for S.154 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376 -- Bail - Kidnapping and rape - Victim in her statement u/s 164 Cr.P.C corroborated stand of accused - Statement recorded u/s 164 Cr.P.C stands on a much superior pedestal in comparison to information which formed the basis for S.154 Cr.P.C - There is thus, absolutely no justification to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376 -- Bail - Kidnapping and rape - Court granted bail to main accused - Role of co-accused is that they helped victim in bringing her in their vehicle to home of main accused - Since Court is granting bail to main accused, there is no justification to deny bail to co-accused - Bail granted..........
Criminal Procedure Code, 1973, Section 482 -- Call records of police officials - No prejudice will be caused to anyone in case call details of police officials are preserved especially when accused is making allegation against these officials - Call details of police officials, tower locations be preserved by the companies concerned with themselves, not to be shown to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major son - Obligation of a father would not come to an end when his son reaches 18 years of age and entire burden of his education and other expenses would not fall only on mother - Interim maintenance @ Rs.15,000/- granted to wife from the date of son attaining age of majority till he completes his graduation..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Wife is working as an Upper Division Clerk in Municipal Corporation earning Rs.60,000 pm - However, two children living with wife and after attaining age of majority, entire expenses of son now being borne by wife - Since no contribution is being made by husband towards son, salary earned..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Reduction of - Husband solemnized second marriage and has a child from second marriage - He thus, has equal responsibility towards child from second marriage - Reduction of amount of maintenance after birth of child from second marriage cannot be found fault with...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Order granting anticipatory bail quashed - I.O. directed to take the accused into custody - Held, direction to take accused into custody is beyond jurisdiction of High Court - It is for Investigating Agency to take a call as to when accused is to be arrested - Such direction set aside...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Bail - Recovery of 950 gms charas - Accused is not having any criminal history - Keeping in view facts and circumstances of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 120 gms Alprazolam - Bail - Recovery effected from possession of accused is slightly more than commercial quantity - Accused is not having any criminal history - He is in jail since 6.2.2021 - There is no likelihood of early conclusion of trial..........
