Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - If Court is silent and had not given any direction that sentence given in subsequent case will run concurrently, it will run only consecutively...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - House breaking and theft - Accused convicted and sentenced in five successive cases but in different occurrences - Judgment of conviction and sentence imposed in all cases on a single day - Total amount involved Rs.16,700 - Both trial Court as well as appellate Court failed to give direction..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 -- Anticipatory bail - Offence u/ss 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 IPC - Applicant is 65 years old - Prima facie there is no material to show that applicant had quarreled with police or had pelted stone at..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application u/s 438 Cr.P.C is maintainable even after filing of charge sheet or till person is not arrested...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Absconded accused - Application u/s 438 Cr.P.C is maintainable even if a person has been declared as P.O in terms of S.82 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - If police authority has declared award or prepared Farari Panchnama even then anticipatory bail application is maintainable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 386, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused and prosecutrix are in their forties and accused was already married and on false promise of marriage he committed rape and solemnized marriage with prosecutrix and continued to live as her husband for some time - Both..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bail petitions must be taken up for consideration and disposed of without undue delay...........
Criminal Procedure Code, 1973, Section 167 -- Final report - S.167 Cr.P.C, cannot be construed as containing period of limitation for filing of final reports, as S.167(2) Cr.P.C does not bar filing of final report even after period specified therein...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right of default bail is not affected by Supreme Court Order of extending limitation for filing cases in view of COVID-19 lock down - Denial of such right thus, definitely amount to violation of his fundamental right u/art 21 of Constitution of India - Petitioner held, entitled to default bail with conditions...........
