Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 406 -- Bail - Rape - Live-in-relationship - Keeping in view the nature of offence, evidence, complicity of accused, without expressing any opinion on merits of case, accused has made out a case for bail - Bail application allowed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Order declaring accused as proclaimed offender not passed in compliance of S.82(1) Cr.P.C. - Impugned order set aside - FIR u/s 174-A IPC quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 188 -- Quashing of proceedings - Compromise - Offence u/ss 379, 188 IPC - Compromise arrived at between parties and they settled their differences - Continuation of criminal proceedings after compromise would amount to abuse of process of Court - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 182 -- Offence u/s 182 IPC - Kalandra/complaint u/s 182 IPC can be filed only by officer to whom complaint has been made or by superior officer and not by inferior officer...........
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 468, 469 -- Kalandra/complaint u/s 182 IPC - Limitation - Starting period - Limitation starts on the date when the police officer finds that complaint was false - Therefore, taking cognizance against petitioner u/s 182 IPC on the basis of complaint after expiry of one year as prescribed u/s 468..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 148, 149, Arms Act, 1959, Section 25(1B) -- Bail - Attempt to murder - Accused is in custody since 2022 - Co-accused were already granted bail, which covers accused's case on the grounds of parity for the reasons that they are identically placed - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 148, 149, Arms Act, 1959, Section 25(1B) -- Bail - Attempt to murder - Bail granted to accused with condition that within 15 days of release from prison, accused shall procure a smart phone and inform its IMEI number and other details to SHO/I.O. of Police station concerned - Accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix and accused desirous of marrying each other - Parents of accused have no objection to marriage - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code,1860, Section 506, 118 -- Compromise - Quashing of proceedings - Non compoundable offences - FIR and proceedings can be quashed in the facts and peculiar circumstances of the case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 409, 420, 465, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(A), 13(2) -- Bail - Embezzlement of money - Accused is specifically named in the FIR and he is also prima facie found to be involved in the scam - He is behind bars for a substantial period of more than 5..........
