Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - On basis of parity - Murder - Petitioner is main accused and he played a key role in planning murder of deceased and ultimately killing him - More than sufficient material on record against accused - It was petitioner who compelled co-accused to call deceased to their..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 384 -- Bail - Cheating - Accused has been behind bars since last about 3 months and 9 days - Keeping in view the role attributed to accused, further detention of accused will not serve any useful purpose, as conclusion of trial will take some time - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Every application u/s 156(3) Cr.P.C. disclosing commission of a cognizable offence may not be directed for investigation by police - Magistrate has jurisdiction to treat the same as a complaint case but in exercise of such jurisdiction the Magistrate has to keep in view various factors, as..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Gravity/seriousness of the offence, requirement of the evidence for the purpose of launching a successful prosecution, and basically the interest of justice depending on the facts of each case, need be considered in passing order u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 203 -- `Sufficient ground' in S.203 Cr.P.C means satisfaction of Magistrate that a prima facie case is made out against person sought to be summoned as accused - It does not mean sufficient ground for purpose of conviction...........
Criminal Procedure Code, 1973, Section 203, 378(4), 401 -- Dismissal of complaint u/s 203 Cr.P.C - Not an acquittal as per explanation provided u/s 300 Cr.P.C - Appeal is not maintainable against such order - It is Revision which is maintainable against an order dismissing complaint u/s 203 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Anticipatory bail - Cheating - Civil suit is already pending before civil Court with regard to almost similar allegations - Accused has no criminal history - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Non payment - Husband on one pretext or the other tried to evade his obligation to pay the maintenance amount - Issuance of conditional warrants of arrest, upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 3.100 kgs opium and Rs.44 lakhs in cash from the boot of car - Whether alleged recovery can be considered to be recovery from petitioner shall be debated during course of trial - Petitioner already suffered incarceration for over eleven..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 459, 460, 380, 302, 411, 120B -- Bail - Offence u/ss 459, 460, 380, 302, 411, 120-B IPC - Prosecution not collected any forensic evidence to prove involvement of petitioner - The only eye-witness stated that he could not properly see the accused - Accused has no criminal antecedents - Bail..........
