Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 511, 376, 306 -- Bail - Prima facie accused committed the offence u/ss 511, 376, 306 IPC - Manner in which accused committed offence is also cruel and heinous - Accused not entitled to bail - Bail application, rejected...........
Criminal Procedure Code, 1973, Section 57, 167(2)(a)(ii), Indian Penal Code, 1860, Section 376(2) -- Life imprisonment - Default bail - Rape case - Merely because a meaning is given to imprisonment for life in S.376(2) IPC, it cannot be said that for computing period of detention u/s 167(2) Cr.P.C, S.57 IPC is not applicable...........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii), 57, Indian Penal Code, 1860, Section 511, 376, 306 -- Default bail - Offence u/ss 511, 376, 306 IPC - Accused who is charged for offence u/s 511, 376 IPC, can be imprisonment only for a period of 10 years - Admittedly, 60 days is over after first remand of accused - Final report is not filed as on today - Accused held,..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Complaint u/s 156(3) Cr.P.C. - Direction to police to register FIR and investigate - Complaint not supported by an affidavit affirming allegations raised in complaint as being true and correct - FIR quashed...........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 498A, 304B -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Cruelty - Accused is confined in jail since 2016 and father of accused is diagnosed with pancolitis - Sentence of accused suspended during pendency of appeal...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29, Criminal Procedure Code, 1973, Section 228 -- Recovery of 3 gms opium - Recovery effected from co-accused - Memorandum of co-accused u/s 27 of Evidence Act recorded wherein co-accused stated that contraband item was supplied to him by accused - Accused was arrested on basis of said memorandum of..........
Criminal Procedure Code, 1973, Section 437(1) -- Proviso - Bail - Simply because petitioner is a woman, she is not entitled to bail, as it is discretion of Court to decide whether a woman is to be released on bail in facts and circumstances of each case...........
Criminal Procedure Code, 1973, Section 437(1) -- Proviso - First proviso to S.437(1) is not mandatory...........
Criminal Procedure Code, 1973, Section 437, 439 -- Two bail applications - Common order can be passed by Sessions Court in two bail applications filed by petitioner in two separate crimes...........
