Criminal Procedure Code, 1973, Section 167 -- Bail on default - Petitioner arrested u/s 20(B) of NDPS Act when 10.400 kg. ganja recovered from him - Offence punishable with imprisonment upto 10 years - Case covered by Section 167(2)(a)(ii) - Accused would be entitled to be released on bail if the investigation is not completed and charge sheet is not filed within 60 days -..........
Criminal Procedure Code, 1973, Section 439 -- Third bail application - Applicant not named in FIR - No direct evidence against the applicant - Only evidence against applicant is the statement of co-accused whose statement was recorded under police custody - Applicant has got no previous criminal history who is in jail since last more than six months - Bail granted in view..........
Criminal Procedure Code, 1973, Section 313, 386 -- Appeal against order of conviction - Statement of accused not recorded in a legal manner u/s 313 of the Code - Held, it is duty of Magistrate and not the prosecution to put all the relevant questions to the accused - If there is lapse on the part of Magistrate, prosecution cannot be blamed - Appellate court has power to..........
Indian Penal Code, 1860, Section 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Charge sheet filed u/ss 323, 504 & 506 IPC - Magistrate summoned the accused for facing trial - All the three offences are non cognizable - Charge sheet submitted by police in a non cognizable offence has to be treated as complaint case and not a State case - Summoning order..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307 -- Attempt to murder - Compounding of offence - Offence u/s 307 IPC is a serious offence and FIR normally is not quashed - Since in the instant case an inference of committing an offence u/s 307 IPC cannot be drawn and moreover parties have amicably resolved their dispute which is purely..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cross cases as both the parties i.e. complainant side and accused side got injuries - Bail granted without expressing any opinion about the final merits of the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Reduction in sentence - Recovery of 250 grams of smack which is non commercial quantity - Accused convicted and sentenced for a period of 10 years and to pay a fine of Rs.1.00 lac - Convict not involved in any other criminal case - Keeping in view that non commercial quantity recovered from the convict..........
Criminal Procedure Code, 1973, Section 302, 392, 201 -- Robbery and murder - Skeleton of deceased traced at instance of accused - Daughter and other relatives identified skeleton of deceased on basis of clothing - Accused identified by Bank Manager as he pledged jewellery of deceased - Superimposition test established that skull pertains to photograph of deceased - No..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1), 256(1) -- Dishonour of cheque - Plea of not guilty when recorded in a summons case, Court shall without fail post the case for hearing and shall not, instead, straight away post the case for evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1) -- Dishonour of cheque - Purpose of hearing prosecution at an early stage in a summons case - Analysed...........
