Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 313 -- Murder of four members of family - Dying declarations - Evidence of PW11 about dying declarations made by deceased persons has not been put to accused in his examination u/s 313 Cr.P.C - Even the fact that dying declarations were made by deceased to PW11 was..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - When an appeal against conviction is preferred before High Court, at the earliest stage, High Court must examine whether there is a proper statement of accused recorded u/s 313 CrPC (S.351 of Bharatiya Nagarik Suraksha Sanhita) - If any defect is found, at that stage same can be cured either by High..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner was nominated and arrested after more than 1 year of occurrence - No recovery of any contraband has been effected from petitioner after his arrest - Challan has already been presented - Out of 15 PWs only 2 PWs have been examined..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Kidnapping and sexual assault - Whether or not the finding regarding age of victim is correct or not, or manner in which was sought to be proved before Trial Court was in accordance with law or not, is a question that is open for consideration in jurisdiction u/s 374 Cr.P.C as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Two cases involving an offence u/s 138 of N.I. Act which are being prosecuted by two different complainants arising from separate causes of action cannot be tried together merely on the reason that accused person is the same in both the cases...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Hearing of matter would likely take a long time - Appellant remained on bail during entire course of trial and appeal and he did not misuse liberty so granted to him - Sentence awarded to appellant suspended..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d) -- Bail - Cheating - Appellant is in custody since 28.9.2021 - Total amount of proceeds of crime allegedly laundered by appellant is hardly Rs.1 crore - Bail granted to appellant subject to strict conditions that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 504 -- Anticipatory bail - Offence u/ss 498-A, 323, 504 IPC - Appellant released on interim bail and thereafter he had remained present as and when called upon do so by Court - He is co-operating in proceeding further with trial - Interim bail granted to accused made absolute...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d) -- Bail - Appellant involved in a very serious financial scam - He is in custody since 1.11.2021 - Having regard to period of custody undergone by appellant as also the fact that High Court stayed the proceedings..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 341, 448, 354(b), 380, 336, 109, 147, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s)(w), 3(2)(va) -- Anticipatory bail - Attempt to murder - Appellants have co-operated with I.O. - Charge sheet has already been filed -..........
