Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 201, 506, 120B -- Second bail application - On basis of parity - Cheating - Other ten accused already granted bail and accused in custody for about 2 years and 10 months - Ends of justice be served in releasing accused on bail on such terms and conditions as may be fixed..........
Criminal Procedure Code, 1973, Section 439 -- Interim bail - Due to COVID-19 pandemic - Petitioner contended that due to overcrowding in jail, no social distancing is maintained, there is thus, risk not only to him but to other prisoners as well - However, petitioner is in his Cell in isolation and thus, is maintaining social distancing - Second ground urged by petitioner..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, Prevention of Corruption Act, 1988, Section 7, 8, 9, 12, 13(2), 13(1)(d), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Interim bail - Regular bail applications of accused cannot be decided at the moment - Plea taken in interim bail application that risk is involved due to..........
Indian Penal Code, 1860, Section 120B, 403, 409, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Offence by company - Prosecution of Managing Director - Quashing of proceedings - Allegations must be incorporated in the complaint referring to the specific instances of involvement of Managing Director in that capacity and the mode of involvement - Allegations levelled..........
Criminal Procedure Code, 1973, Section 427 -- imprisonment in default of payment of fine - Whether it is to run concurrently with imprisonment in default of payment of fine awarded on him in other cases - Held, S.427(1) Cr.P.C., has no application to imprisonment awarded in default of payment fine as it is not a sentence and it is a penalty...........
Criminal Procedure Code, 1973, Section 154, 156 -- FIR - Direction to register FIR and to file final report after investigation - Civil dispute should not be given colour of a criminal offence - However mere pendency of civil proceeding is not a good ground and justification not to register and investigate an FIR if a criminal offence is committed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 384, 120B -- Quashing of FIR - FIR disclosing necessary ingredients of offences - Petition dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Rape case - Court cannot and should not make any prejudicial distinction in quashing of an FIR based on frivolous ground of marital status of an accused at the time of or subsequent to commission of an alleged offence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of FIR - Compromise - Undue influence - Rape of married woman - Facts in compromise shows that some amount was offered by accused to prosecutrix for effecting compromise - This would certainly fall within ambit of undue influence, as it would amount to bestowing an unscrupulous..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of FIR - Compromise - Rape of married woman - Serious and grave allegations levelled by prosecutrix against accused who unabashedly indulged in blackmailing and threatening her and her family - Allegations levelled in FIR prima facie reflects mental depravity of accused who tried..........
