Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 148, 149 -- Anticipatory bail - Attempt to murder - FIR contains facts that main accused was accompanied by four other persons and when he was arrested he named petitioners, who are his relatives - Such statement can certainly be taken into consideration for providing lead in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 34, Information Technology Act, 2000, Section 66 -- Anticipatory bail - Cheating - Mobile no. used in commission of offence is registered in the name of petitioner - It is for petitioner, who has to explain as to how said number was used for commission of offence - Petitioner not denied..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380, 457, 109, 166, 166A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d)(iii), 13(2) -- Quashing of proceedings - Offence u/ss 380, 457, 109, 166, 166-A, 120-B IPC and Ss. 13(1)(d)(iii), 13(2) of P. C. Act - Complicity of all accused in the occurrence is stated by LW1 to LW5 - Recovery..........
Criminal Procedure Code, 1973, Section 389(1), Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - First appellate Court by allowing application u/s 389(1) Cr.P.C. suspended sentence and directed to deposit 25% of fine amount - As per S.148 of the Act minimum 20% of the amount to be deposited by petitioners - Amount of fine reduced to 20% from 25% -..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - Mere delay in lodging of the report may not by itself be fatal to the case of the prosecution, but the delay has to be considered in the background of the facts and circumstances in each case - Unexplained delay in registering the FIR will adversely effects..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173 -- Murder - Charge-sheet - Investigation into charge sheet only on the basis of hearsay and speculation - Serious lapse and omissions and cast a serious doubt as toe investigative intent...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory bail - Offence under SC/ST Act - Prima facie victim was subjected to molestation as well as rape and unnatural intercourse by accused fully knowing that she belongs to SC community after giving false promise of marriage - Merely..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused is in already in custody - He could not approach Courts of Sessions on account of lock down consequent to COVID-19 scare - High Court has power and jurisdiction to entertain bail application directly without compelling accused to first approach Court of Sessions, as per directions of Supreme Court - Applicant is..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i), (v), (vi) -- Bail - Offence u/s 3(i), (v), (vi) of SC/ST Act - Allegation that accused along with six other persons and few unknown persons had forcibly administered poison to deceased - However, there is no explanation as to why police was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 326 -- Quashing of FIR - Compromise - Offence u/s 326 IPC - Compromise arrived at between parties - Parties are neighbours - Accused armed with wooden logs and sticks at the relevant time - There is nothing on record to show that any dangerous weapons were used in commission of alleged offence -..........
