Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 323 -- Bail - Murder of wife and minor daughter - Prima facie allegations against petitioner are grave and serious - Allegedly petitioner brutally assaulted his wife with a grinding stone following a demand for money and in a further act of cruelty lifted his minor daughter by her..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Rape and murder of 10 years old girl - Material circumstances appearing in evidence against appellant have not been put to him - Version of main PWs was not put to him - However, since date of occurrence is of the year 2009 and incident is fifteen and a half years old, after such a long..........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 27A, 20, 60, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Contraband - Contraband recovered falls in the category of Commercial Quantity which attracts S.37 of NDPS Act - However, petitioner has undergone actual custody for a period of more than three years and challan in the case..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere fact that there are few discrepancies in the FIR compared to statement of victim recorded u/s 164 Cr.P.C, same is not a good ground to exercise discretion in favour of an accused in a serious offence like rape...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 342 -- Bail - Rape - Victim is yet to be examined - Mother of victim who is an eye witness to the incident has also not been examined so far - Without disturbing the order of bail granted by High Court, respondent/accused directed not to enter the said village where victim and her mother are..........
Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, 27 -- Default bail - Murder - Non-filing of ballistic report along with charge sheet - Neither amounts to filing of incomplete charge sheet nor fatal to prosecution case if ocular testimony is found to be credible and cogent - Application rightly..........
Criminal trial -- Rejection of bail application and fixing time bound schedule for conclusion of trials - If in a given case, in law and on facts, an accused is entitled to bail on the ground of long incarceration without trial making any progress, Court must grant bail - Option of expediating trial is not the solution...........
Criminal trial -- Rejection of bail application and fixing time bound schedule for conclusion of trials - Such directions adversely affect the functioning of trial Courts, as in many trial Courts there may be older cases of same category pending - Such orders are difficult to implement - Direction for fixing of time bound schedule for conclusion of trials cannot be issued..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489A, 489B, 489C, 34 -- Bail - Offence u/ss 489-A, 489-B, 489-C, 34 IPC - Six counterfeit currency notes of Rs.500 are subject matter of offence - Appellant has been incarcerated for two and a half years - There are no antecedents of appellant - Trial is not likely to conclude in a reasonable time..........
