Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - If the order granting bail is vitiated by arbitrary and wrong exercise of discretion by Court, the same can be set at naught by High Court u/s 439(2) of the Code...........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 9(f), 9(k), 9(m), 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Cancellation of bail - Outraging modesty of minor girl by her teacher - Victim aged about 11 years is an intellectual..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Record of trial Court destroyed - Reconstruction of record not possible - Even retrial not possible - Accused acquitted...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 364, 323, 34 -- Suspension of sentence during pendency of appeal against conviction - Murder - Case of accused is on identical footing with co-accused whose sentence already suspended - Strong grounds available to accused for challenging his conviction - Hearing of appeal not likely in near..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 308 -- Delay in lodging FIR - Rape case - FIR lodged after seventh day from date of incident - Mother of victim/informant was not present in the house at the relevant time being gone to her relatives and came back next day after being informed - Victim was admitted in the hospital next day..........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Only being an accused of a no, bailable offence is not a ground to issue warrant of arrest, as per provisions of S.73 Cr.P.C...........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Magistrate has jurisdiction and power to issue warrant of arrest, which can be directed against any escaped convict, proclaimed offender against any person who is an accused of a no, bailable offence and is evading arrest - Thus, person against whom warrant of arrest can be issued, must fall in either of said..........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Mere absence of accused cannot give rise to a presumption that he is evading arrest, which in turn cannot be sole ground to issue warrant of arrest...........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Order issuing warrant of arrest, without recording satisfaction that accused are evading their arrest, is not in consonance with provision of S.73(1) Cr.P.C - Satisfaction of Court should be reflected in order itself - Order by which no, bailable warrant of arrest issued against petitioners quashed and set..........
Criminal Procedure Code, 1973, Section 82 -- Issuance of processes u/s 82 Cr.P.C - Merely because accused are absent, Court issued process u/s 82 Cr.P.C in a most mechanical manner without recording subjective satisfaction as to why it is necessary to issue proclamation - No material on record that Court has reasons to believe that petitioners have absconded or are..........
