Prevention of Corruption Act, 1988, Section 13(1)(d)(ii) -- Offence u/s 13(1)(d)(ii) of the Act - Mens rea, intention and/or knowledge of wrong doing is an essential condition of offence of criminal misconduct u/s 13(1)(d)(ii) of the Act - Presumption u/s 20 of the Act, does not apply to offence u/s 13(1)(d)(ii) of the Act...........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Offence u/s 13(1)(d) of the Act - Dishonest intention is gist of offence u/s 13(1)(d) of the Act - Mere misconduct and action of a public servant, without dishonest intention but contrary to departmental norms does not amount to criminal misconduct...........
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...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Petitioner is not joining the investigation - No ground for bail is made out - Application dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Cheating - Petitioner joined the investigation only once and thereafter on being called again he has failed to join investigation and absconded - NBWs were issued against petitioner - Petitioner has even issued three cheques to complainant in order to clear..........
Criminal Procedure Code, 1973, Section 41A -- Notice of appearance before police officer - Non-bailable warrants - Mere fact that petitioner having already left India and no notice had been issued prior to that, it cannot be presumed that petitioner was fleeing from justice and evading process of law - Investigation in the matter has not yet been completed - Petitioner has..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Charge can be framed even if Court is of view that accused might have committed an offence - Possibility of conviction cannot be a consideration for purpose of framing of charge...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charges, meticulous appreciation of evidence is not required and even a strong suspicion is sufficient to frame charges...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - When two Courts have appreciated deposition of PW2 and have found him to be trustworthy, High Court cannot re-appreciate evidence while exercising its jurisdiction u/ss 397, 401 Cr.P.C and substitute its own conclusion to one arrived at by Courts below - It cannot be said that appreciation of evidence by Courts..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Benefit of probation - Accident - Rash and negligent driving - Accused is a lady having two children - She is not involved in any other case except this - Litigation has been going on for more than 7 years - Keeping in view nature of..........
