Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 353, 333, 147 -- Bail - Offence u/ss 353, 333, 147 IPC - Accused refuted the allegation that he alongwith other inmates, assaulted jail staff - Accused alleges that he was given merciless beatings by jail authorities and he suffered 11 injuries while in custody - It is thus, a fit case to grant..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 506, 120B, 34 -- Quashing of complaint - Cheating - Criminal conspiracy - Allegation that accused entered into a conspiracy with deceased accused for making agreement for sale of flat or to deceive complainant - However, there is no averment at all in complaint to indicate that accused were..........
Criminal Procedure Code, 1973, Section 156(3) -- Pre-cognizance stage - Rejection of complaint at pre-cognizance stage does not debar institution of second regular complaint...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to register FIR and to investigate - Magistrate has discretion at pre-cognizance stage to direct concerned SHO for registration of FIR on basis of complaint instituted u/s 156(3) Cr.P.C and investigate the matter...........
Criminal Procedure Code, 1973, Section 156(3) -- Pre-cognizance stage - Rejection of complaint - Power of Magistrate - Magistrate has power to tests truth and veracity of allegations levelled against accused and if there is no substance in averments of complainant then at pre-cognizance stage, complaint may be dismissed u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Issuance of bailable warrants against accused, would not divest Court to grant anticipatory bail to accused...........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1)(d), 13(2) -- Anticipatory bail - Accused joined investigation for the last over three years - Arrest of accused not considered necessary at any point of time during this long period of investigation - Apprehension that accused may tamper with evidence being in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 457 -- Bail - Offence u/ss 380, 457 IPC - Petitioner was not named in the FIR - He was arrested on basis of supplementary statement on basis of CCTV footage - However, there is no mention of CCTV footage in initial FIR - Even photographs of CCTV footage show a man with a muffled face - Trial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 365, 506, 34 -- Bail - Attempt to murder - MLR of victim reveal 13 injuries on person of injured - However, said injuries are virtually on non-vital parts of body of victim - Allegation pertaining to running over of a vehicle over injured could not be substantiated by medical evidence -..........
Criminal Procedure Code, 1973, Section 439(2), 389 -- Cancellation of bail granted during pendency of appeal - Accused involved in three subsequent criminal cases of serious nature while he was on bail - There is serious violation of condition imposed upon accused - Bail cancelled...........
