Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 7(a), 8 -- Anticipatory bail - Cheating - Tax evasion - Allegation against accused are very serious, as accused indulged in tax evasion in connivance with officer/officials of Excise and Taxation - Investigation is going on and..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation was not publicly read in village where accused was residing - Publication of proclamation is thus, not in accordance with mandatory requirements of S.82(2)(i) Cr.P.C - Order declaring accused as P.O quashed...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Would not be maintainable until and unless there is a material change in circumstances in favour of petitioner...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Second anticipatory bail application - Cheating - Petitioner only cites his willingness to deposit a sum of Rs.1 lakh in proof of his bonafides as a changed circumstance - Change in approach of petitioner whereby he now wants to pay part of sum claimed by complainant as proof of his..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court in exercise of its inherent jurisdiction u/s 482 Cr.P.C, is not expected to meticulously analyse facts and evidence, as it is within domain of trial Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Quashing of summoning order - Cheating - Complaint filed for offences of fraud, abuse and extension of threat - Complainant and his witnesses were examined u/ss 200, 202 Cr.P.C - They are in corroboration with complaint and on basis of these evidence collected during enquiry by..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for re-examination - Engagement of new counsel and drawn of fresh wisdom upon informant cannot be a ground to recall a witness - Application rightly dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 8.38 gms heroin and 706.200 gms capsules - Recovery of heroine effected from vehicle occupied by four accused which fell under intermediate quantity - However, weight of recovered capsules exceed 250 gms notified as commercial quantity..........
Criminal Procedure Code, 1973, Section 439(1)(a), 437(3) -- Bail - Conditions - Court, in addition to the conditions mentioned in S.437(3), clauses (a) to (c) can impose such other conditions as it considers necessary - Such conditions can be imposed `Only if it considers necessary' for which a finding is necessary for imposing such other conditions - Bail Court should..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Rape case - Condition restraining accused not to use social media like Face Book, Whatsapp, Twitter, Instagram etc, till investigation of crime is complete while granting bail to accused - Such conditions can be imposed, when main grievance of victim is that accused is circulating her photographs in social media, more..........
