Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder of 5 persons - High Court while granting bail to accused persons overlooked the cross FIR lodged by A-6 - Post mortem reports indicate that extensive nature of bodily injuries were sustained by each of five deceased - Whether deaths occurred as a result of bullet wounds or otherwise can make no..........
Criminal Procedure Code, 1973, Section 309 -- Speedy trial - Main grouse of accused is that he has not been speedily dealt with at trial Court u/s 309 Cr.P.C - Accused filed writ petition for directions to trial Court to conclude the trial - However, instead of invoking jurisdiction u/arts 226, 227 of Constitution, accused has to first move to trial Court and seek relief..........
Criminal Procedure Code, 1973, Section 389(2) -- Suspension of conviction - Appellate Court has power to suspend sentence and conviction - Order granting stay of conviction is not rule but an exception to be resorted in rarest of rare cases, depending upon facts of the case...........
Criminal Procedure Code, 1973, Section 411, 412 -- An order u/s 411 cannot be passed without recording reasons as mandated by S.412 Cr.P.C...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Discharge - Defence on merit is not to be considered at the stage of framing of charge and/or at the stage of discharge application...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Discharge - At the stage of framing of charge and/or considering discharge application, mini trial is not permissible...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D(5), 17, 18, 21, Indian Penal Code, 1860, Section 120B, 414, 384, 386, 387, Arms Act, 1959, Section 25(1B)(a), 26, 35 -- Bail - Offence u/ss 17, 18, 21 of Unlawful Activities Act, Ss.120-B, 414, 384, 386, 387 IPC and Ss.25(1-B)(a), 26, 35 of Arms Act - Allegation that accused..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Imprisonment in default of security - Relevant records have not been produced by petitioner to defend his case - No sufficient opportunity thus, given to petitioner to defend his case - Order issuing warrant of arrest set aside - Matter remitted...........
