Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of bail - Violation of bail conditions can be a ground for cancellation of bail order...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of bail - Bail order can be cancelled if it was procured by misrepresentation or fraud...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Once challan along with FSL report had already been presented before competent Court well before filing of application seeking default bail, indefeasible right to default bail if any stood extinguished...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Mere filing of an application for supply of copy of complete challan does not conclusively establish that challan was filed incomplete...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Mere non-filing of FSL report along with police report does not render challan incomplete so as to confer an indefeasible right of default bail upon accused - FSL report being a piece of corroborative evidence can be filed..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Once a charge-sheet is filed within statutory period, accused cannot claim default bail merely because cognizance has not yet been taken or because certain documents are filed later...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appreciation of evidence - Absence of recovery of weapons of assault would not weaken the case of prosecution in the presence of other evidence on record that is found reliable...........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Evidence of eye witnesses is consistent and also acknowledging presence of each other at the spot of incident - Manner in which appellants assaulted deceased persons has been clearly indicated - These witnesses were cross-examined but nothing contrary to prosecution case has been elicited from them - Minor..........
Indian Penal Code, 1860, Section 376(2)(i), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Rape - Victim was minor on the date of incident - Evidence of victim gets due support from testimony of PW5 who is neighbour and had seen victim along with accused on the relevant day - Defence was unable to bring anything on record to discard the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29 -- Bail - Contraband - Allegation of payment of Rs.20 lakhs by accomplice of accused to one `J', alleged supplier of seized contraband tablets - Involvement of accused in alleged offence at this stage cannot be ruled out - Bail application..........
